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D Prabhakar vs The Government Of Andhra Pradesh,
2021 Latest Caselaw 59 AP

Citation : 2021 Latest Caselaw 59 AP
Judgement Date : 7 January, 2021

Andhra Pradesh High Court - Amravati
D Prabhakar vs The Government Of Andhra Pradesh, on 7 January, 2021
Bench: R Raghunandan Rao
\ .
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Ss,
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(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ___.
(SPECIAL ORIGINAL JURISDICTION) PCE!
THURSDAY, THE SEVENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY}
:PRESENT: | fe
THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO le :
WRIT PETITION No. 817 of 2027 c

    

Between :-

D. Prabhakar, S/o. D. Chakraiah.
.... Petitioner
AND

1.The Government of Andhra Pradesh, Represented by its Principal Secretary,
Endowments Department, Secretariat Buildings, Velagapudi, Amaravathi,
Guntur District.
2.The Commissioner of Endowments, Endowments Department,
Gollapudi, Vijayawada, Krishna District, A.P.
3.The Deputy Commissioner of Endowments, Tirupathi Rural, Tirupathi,
Chittoor District.
4.The Assistant Commissioner of Endowments, Tirupathi Rural, Tirupathi,
Chittoor District.
5.Sri Swamy Hathiramji Mutt, Tirupathi, represented by its Assistant Commissioner
Of Endowments, Office at Door No. 1-22, Gandhi Road, Tirupath},
Chittoor District.
6.The Superintendent of Police (Urban), Prakasam Road, Tirupathi, Chittoor District.
7.The Deputy Superintendnet of Police, East, Tirupathi, Chittoor District.
8.The Station House Officer, Tiruchanur Police Station, Tiruchanur, Chittoor District.
.... Respondents

WHEREAS the Petitioner above named through his Advocate SRI N. SATYANARAYANA, 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, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner over the schedule land i.e., H.No. 9-480, with appurtenant land Ac.2.16 cents situated in Sy.NO. 147/1, Avilala ~ Village, Tirupathi Rural Sub-Division, Tirupathi Rural Mandal, Chittoor District, without issuing any notice, as arbitrary, irregular, high handed and in gross violation of principles of natural justice besides illegal and not sanctioned by any law and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the above said land.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI N. SATYANARAYANA, Advocate for the Petitioner and of the Govt. Pleader for Endowments on behalf of respondent Nos. 1 to 4 and of the Govt. Pleader for Home on behalf of respondent Nos. 6 to 8, directed issue of notice to the Respondents herein returnable in four (4) weeks to show cause as to why this WRIT PETITION should not be admitted.

You viz: '

1.The Principal Secretary, Endowments Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

2.The Commissioner of Endowments, Endowments Department, Gollapudi, Vijayawada, Krishna District, A.P.

3.The Deputy Commissioner of Endowments, Tirupathi Rural, Tirupathi, 'Chittoor District.

4.The Assistant Commissioner of Endowments, Tirupathi Rural, Tirupathi, Chittoor District.

Contd..2...

5. The Assistant Commissioner of Endowments, Sri Swamy Hathiramji Mutt, Tirupathi, Office at Door No. 1-22, Gandhi Road, Tirupathi, Chittoor District.

6.The Superintendent of Police (Urban), Prakasam Road, Tirupathi, Chittoor District.

7.The Deputy Superintendent of Police, East, Tirupathi, Chittoor District.

8. The Station House Officer, Tiruchanur Police Station, Tiruchanur, Chittoor District.

are 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.

|.A. No. 1 of 2021 :-

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P., the High Court may be pleased to direct the respondents 3 to 8 herein not interfere with the peaceful possession and enjoyment of the petitioner's land i.e., H.No. 9-480, with appurtenant land Ac.2.16 cents situated in Sy.No.147/1, Avilala Village, Tirupathi Rural Sub-Division, Tirupathi Rural Mandal, Chittoor District, pending disposal of W.P. No. 817 of 2021, on the file of the High Court.

The Court made the following ORDER :-

"Notice before admission.

As the claim of the petitioner is supported by various proceedings of the Revenue authorities under the Inam Abolition Act, 1954, as well as the judgment of the Civil Court, there shall be an interim direction as prayed for.

Post on 04.02.2021 for counter."

Sd/-K.TataRao .

ASSISTANT REGIS AR

//TRUE COPY// SECTION FICER

for ASSISTANT REGISTRAR To

1.The Principal Secretary, Endowments Department, Government of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

2.The Commissioner of Endowments, Endowments Department, Gollapudi, Vijayawada, Krishna District, A.P.

3.The Deputy Commissioner of Endowments, Tirupathi Rural, Tirupathi, Chittoor District.

4.The Assistant Commissioner of Endowments, Tirupathi Rural, Tirupathi, Chittoor District.

5.The Assistant Commissioner of Endowments, Sri Swamy Hathiramji Mutt, Tirupathi, Office at Door No. 1-22, Gandhi Road, Tirupathi, Chittoor District.

6.The Superintendent of Police (Urban), Prakasam Road, Tirupathi, Chittoor District.

7.The Deputy Superintendent of Police, East, Tirupathi, Chittoor District.

8.The Station House Officer, Tiruchanur Police Station, Tiruchanur, Chittoor District. (Addressee Nos. 1 to 5 by RPAD along with a copy of Petition & Affidavit)

9.Two CCs to the G.P. for Endowments, High Court of A.P., at Amaravati(OUT)

10.Two CCs to the G.P. for Home, High Court of A.P., at Amaravati(OUT) "One CC to N. Satyanarayana, Advocates(OPUC) "12.One spare copy.

TKK

HIGH COURT

RRR.J

DT.07-01-2021.

NOTICE BEFORE ADMISSION

W.P.No. 817 of 2021.

INTERIM DIRECTION

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