Andhra Pradesh High Court - Amravati
Smt. Tumati Sarada, vs State Of Andhra Pradesh, on 11 January, 2021
Bench: M.Ganga Rao
[ 2696
(SHOW CAUSE NOTICE BEFORE ADMISSION
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATE=<=
(SPECIAL ORIGINAL JURISDICTION) AS
MONDAY, THE ELEVENTH DAY OF JANUARY,. /02%7%
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE M.GANGA RAO \
WRIT PETITION NO: 903 OF 2021 "A
Between: '
Smt. Tumati Sarada, W/o. T.Prabhakar Rao, aged 51 years, presently residing" in Sa,
rep. by her GPA Holder Sri Tumati Ramalingeswara Rao, S/o. T.Subbayya, aged 80
years, R/o. Door No.1-48, Koyyuru Village, Bapulapadu Mandal, Krishna District
521105. A.P.
...Petitioner --
AND
1. State of Andhra Pradesh, represented by its Secretary, Revenue Department,
Secretariat Buildings, Velagapudi, Guntur District.
The District Collector, Krishna District at Machilipatnam.
The Sub-Collector, Nuziveedu, Krishna District.
The Tahsildar, Bapulapadu Mandal, Krishna District.
BON
...Respondents --
WHEREAS the Petitioner above named through _her Advocate = Sri
D.S.N.V.PRASAD BABU presented this Petition under Article 226 5 of the Constitution of
India praying that in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue a Writ, order or direction, more particularly a Writ of
Mandamus, declaring the high-handed action of the respondents in continuing the
remarks 'marking the subject land of the petitioner to an extent of Acs.5-79 cents,
covered by Sy.No.107/1 of Koyyuru Village, Bapulapadu Mandal, Krishna District, as LC
(Land Ceiling) in Field Measurement Book (FMB), as illegal, arbitrary, biased,
unconstitutional and against the judgment dated 06.03.1978 in Appeal and the common
judgment dated 29.03.1980 in LRA.Nos.18 and 19 of 1980 passed by the Land Reforms
Appellate Tribunal (LRAT), Krishna at Machilipatnam, and consequently, direct the
respondents to remove the remarks 'marking the above land as LC (Land Ceiling) in
Field Measurement Book (FMB) and update the Revenue records. _-
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri D.S.N.V.Prasad Babu, Advocate for the
Petitioner and GP for Revenue for the Respodents, directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be_
admitted.
You viz:
1. The Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur
District, State of Andhra Pradesh.
2. The District Collector, Krishna District at Machilipatnam.
3. The Sub-Collector, Nuziveedu, Krishna District.
4. The Tahsildar, Bapulapadu Mandal, Krishna District. --
are be and hereby directed to show cause either appearing in person or through an
Advocate, as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before
25-02-2021, on which date the case stands posted for hearing. --
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
respondents not to interfere with the peaceful possession and enjoyment of the _
v
petitioner over the subject land to an extent of Acs.5-79 cents, covered by Sy.No.107/1
of Koyyuru Village, Bapulapadu Mandal, Krishna District, on the ground that in the
remarks it is marked as LC (Land Ceiling) in Field Measurement Book (FMB), pending
disposal of WP No. 903 of 2021, on the file of the High Court.
The Court made the following:
ORDER:
"Notice before admission.
Learned counsel for the petitioner submits that the petitioner is in
possession and enjoyment of the subject land and petitioner's name is reflected
in the Revenue records and the respondent authorities, without issuing any
notice and following the procedure established under law, are highhandedly
dispossessing the petitioner. . .
Having considered the facts and circumstances of the case and
submission of the counsel and perused the record, this Court is prima facie
satisfied that the petitioner has shown sufficient cause for grant of interim order.
Accordingly, respondents are directed not to dispossess the petitioner
from the subject land to an extent of Ac.5.79 cents, covered by Sy.No.107/1 of
Koyyuru Village, Bapulapadu Mandal, Krishna District, without following due
process established under law.
Post on 25.02.2021." ~ {)
L
Sd/-M.RameshBabu a
ASSISTANT REGIS RAR
I
SECTION OFFICER
ITTRUE COPY//
To,
1. The Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Gurtar
District, State of Andhra Pradesh.
2. The District Collector, Krishna District at Machilipatnam.
3. The Sub-Collector, Nuziveedu, Krishna District.
4. The Tahsildar, Bapulapadu Mandal, Krishna District. (Addresses 1 to 4 by RPAD-
along with a copy of petition and affidavit)
5. One CC to Sri. D.S.N.V.Prasad Babu, Advocate [OPUC] --
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT}~
7. One spare copy
MM
HIGH COURT
MGR,J
DATED:11/01/2021 .
NOTE: POST ON 25-02-2021
NOTICE BEFORE ADMISSION
WP.No.903 of 2021
INTERIM DIRECTION
