D Sivaiah vs The Government Of Ap
2021 Latest Caselaw 55 AP

Citation : 2021 Latest Caselaw 55 AP
Judgement Date : 7 January, 2021

Andhra Pradesh High Court - Amravati

D Sivaiah vs The Government Of Ap on 7 January, 2021

Bench: D Ramesh

' (SHOW CAUSE NOTICE BEFORE ADMISSION)

THURSDAY, THE SEVENTH DAY OF JANUARY,
TWO THOUSAND AND TWENTY ONE

:PRESENT:

 

THE HONOURABLE SRI JUSTICE D. RAMESH

WRIT PETITION NO: 14692 OF 2020
Between: - an
D. Sivaiah, S/o Late D. Ramappa

Petitioner

. AND
1. The Govt of A.P., Department of Revenue, Secretariat Buildings,
'Velagapudi, rep by its Secretary °
The District Collector, Anantapur, Anantapur District, A.P..,
The Revenue Divisional Officer, kadiri, Anantapur District, A.P.,
The Tahasildar, Nallacharuvu Mandal, Anantapur District
The Sub-Registrar, Tanakal, Kadiri, Anantapur District

akwh

Respondents

_ WHEREAS the Petitioner above named through his Advocate Sri P. Sree
Ramulu Naidu, presented this 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 Direction Order or Orders more
particularly on in the nature of writ of mandamus declaring the action of the
respondents more particularly the action of the 4" respondent in issuing the
impugned notice dated 30-01-2020 for survey No. 271-3 to an extent of Ac. 2.92
cents without passing any order and conducting the survey in the entire lands
total extent of Ac. 3.12 cents in Survey Nos. 270-1 an extent of Ac. 0.91 Cents,
271-3B an extent Ac. 1.19 Cents, 271-4 an extent Ac. 0.72, 27-5 an extent Ac.
0.30 cents of the petitioner is contrary to the decision of the District Level
committee, Anantpuram constituted under A.P. Dotted Lands Act, 2017 and the
proceedings of the 3° respondent in L.Dis No. 602/2019/E dated 23-09-2010.
A.P. Dotted Lands Act 2017 and the rules made there under, (G.O.Ms. No. 575
Revenue ( Assgn.|) Department, dated 16-11-2018 and also the judgment of this
Hon'ble High Court reported in 2016 (2) ALD 236 and without due process of law
as illegal, arbitrary violative of Art. 300-A of the Constitution of India, Human
rights, contrary to law, violative of principles of natural Justice and consequently
set aside the same by directing the respondents to enter the name of the
petitioner in the revenue records forthwith.

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri P. Sree Ramulu Naidu,
Advocate for the Petitioner, 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, Department of Revenue, State of A.P., Secretariat
Buildings, Velagapudi, rep by its Secretary

The District Collector, Anantapur, Anantapur District, A-P.,

The Revenue Divisional Officer, kadiri, Anantapur District, A.P.,

The Tahasildar, Nallacharuvu Mandal, Anantapur District

The Sub-Registrar, Tanakal, Kadiri, Anantapur District

akon

are directed to show cause on or before 18-01-2021 to which date the case
stands posted as to why in the circumstances set out in the petition and affidavit
filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
 

IANO: 1 OF 2020 : Petition under Section 151 CPC praying that in the
circumstances stated in the affidavit filed in W.P., the High Court may be pleased
to grant interim direction directing the Respondents not to interfere with the
peaceful possession and enjoyment of the Petitioner lands an extent of Ac. 0.91
cents in Sy.No. 270-1: Ac. 1.19 cents in Sy.no. 271-3B: Ac. 0.72 cents in Sy.no.
271-4 and Ac. 0.30 cents in Sy.No. 271-5 respectively at Nallacheruvu Mandal,
Anantapur District A.P without due process of law, pending disposal of WP No.
14692 of 2020, on the file of the High Court.

The Court made the following
ORDER:

Notice before admission.

In view of the documents filed along with the Writ Petition, respondents are directed to maintain status quo

Post on 18-01-2021, for filing counter. Sd/-V.Savitramma ASSISTANT REGISTRAR

/ITRUE COPY//

For ASSISTANT REGISTRAR

1. The Secretary, Department of Revenue, State of A.P., Secretariat Buildings, Velagapudi, rep by its Secretary

2. The District Collector, Anantapur, Anantapur District, A.P.,

3. The Revenue Divisional Officer, kadiri, Anantapur District, A.P.,

4. The Tahasildar, Nallacharuvu Mandal, Anantapur District

5. The Sub-Registrar, Tanakal, Kadiri, Anantapur District

(Addressee Nos 1 to 5 by RPAD along with a copy of petition and

affidavit)