Andhra Pradesh High Court - Amravati
Mekala Pandu Rangarao vs State Of Ap on 29 January, 2021
Bench: Ninala Jayasurya
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY NINTH DAY OF JANUARY, TWO THOUSAND AND TW
:PRESENT: "
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No. 2162 of 2021
Between: Wore
Mekala Pandu Rangarao, S/o. late Apparao, Aged about 70 years, R/o.1-118, Mekala
Vari Street, Yenamadurru Village, Bhimavardm Mandal, West Godavari District.
... Petitioner
AND
1. The State of A.P., rep. by its Principal Secretary, Revenue Department,
Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, West Godavari District at Eluru.
The Revenue Divisional Officer, Narsapuram, West Godavari District
4. The Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District.
Ww
....Respondents
Petition under Article 226 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 of Mandamus or any other appropriate Writ, Order or direction,
declaring the action of the respondents 2 to 4 herein in threatening to dispossess the
petitioner from the land an extent of Ac.0.26 cents in Sy.No.460/1A and the land an
extent of Ac.0.26 cents in Sy.No.460/1B situated at Yenamadurru Village, Bhimavaram
Mandal, West Godavari District without issuing any notice, without following due
process of law or without acquiring the lands under the provisions of Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement --
Act, 2013 as illegal, arbitrary, unreasonable, without jurisdiction and violative of
Articles 14, 21 and 300-A of the Constitution of India besides violative of principles of
Natural Justice.
|.A. 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 2 to 4 herein not to interfere and not to dispossess the
petitioner from the land an aextent of Ac.0.26 cents in Sy. No. 460/1A and the land
an extent of Ac.0.26 cents in Sy. NO. 460/1B situated at Yenamadurru Village,
Bhimavaram Mandal, West Godavari District in any manner, pending disposal of W.P.
2162 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of SRI P. DURGA
PRASAD, Advocate for the Petitioner and of the A. G.P. FOR REVENUE on behalf of
respondents, the Court made the following
ORDER :-
"Heard the learned counsel for the petitioner and the learned Assistant
Government Pleader for Revenue..
The grievance of the petitioner in present writ petition is that the
respondents are trying to dispossess the petitioner from the subject. matter
property without following due process of law or without acquiring lands under
the provisions of Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 and that the same is
illegal, arbitrary and violative of Articles, 14, 21 and 300-A of Constitution of
india.
Contd.2...
wee
Learned counsel for the petitioner, in support of the submissions that the
petitioner is in possession and enjoyment of the subject matter property, places
reliance on the latest Adangal dated 07.01.2021. He submits that, if the
petitioner is dispossessed from the land in question, he would suffer serious
prejudice and irreparable loss.
Learned Assistant Government Pleader for Revenue, on the other hand,
submits that, in view of the latest Supreme Court judgment, the petitioner is not
entitled to secure any relief in the present writ petition and he has to approach
the competent Civil Court.
The matter requires to be considered after filing of the counter by the
concerned respondents. However, keeping in view the balance of convenience
and irreparable prejudice in favour of the petitioner, there shall be interim
direction as prayed for.
"List the matter after four (04) weeks.
Counter of the concerned respondents, if any, in the meanwhile.
Sd/- K. TATA RAO,
ASSISTANT REGISTRAR
/ TRUE COPY// i
4 tf 22
seed orrlcér
To
1.The Principal Secretary, Revenue Department, State of A.P., Secretariat,
Velagapudi, Amaravathi, Guntur District.
2.The District Collector, West Godavari District at Eluru.
3.The Revenue Divisional Officer, Narsapuram, West Godavari District
4.The Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District.
(Addressee Nos. 1 to 4 by RPAD)
5.Two CCs to the G.P. for Revenue, High Court of A.P., at Amaravati(QUT)
6.One CC to Sri P. Durga Prasad, Advocate(OPUC)
7.One spare copy.
TKK
HIGH COURT
NJS.J
DT.29-01-2021.
ORDER
W.P.No. 2162 of 2021.
INTERIM DIRECTION
i
Ys,
