Citation : 2021 Latest Caselaw 2283 AP
Judgement Date : 6 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE SIXTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONGURABLE SRI JUSTICE A V SESHA SAI
WRIT PETITION NO: 8159 OF 2021
Between:
NX
1. Ravipalli Venkata Ramana Murthy, S/o. R. Venkata Jaya Satya Narayana SYamy. A
about - 54 years, R/o. D.No.10-3-8/31, Flat No.310, Vaisakhi Residency, Aseelame
Visakhapatnam.
2. Puvvala Mahendra, S/o. Bhaskara Rao, Aged about - 38 years, R/o.D.No.49-53-8/15,
Anjana Towers, B.S. Layout, Visakhapatnam - 13 (Software Engineer Visakhapatnam)
3. Puvvala Ragini, D/o.Bhaskara Rao, Aged about - 32 years, R/o. D.No.49-53-8/15,
Anjana Towers, B.S. Layout, Visakhapatnam - 13. (octor skin specialist
visakhapatnan,)
4, Nagireddy Satyaveni, W/o. N. Sree Ramulu, Aged about - 58 years, R/o. D.No.48-5-18,
Sri Nagar, Near R.T.C. Complex, Visakhapatnam - 16, (House wife)
5. Nagireddy Sree Ramulu, S/o. N Narayana Murthy, Aged about - 68 years, R/o. D.No.48-
5-18, Sri Nagar, Near R.T.C. Complex, Visakhapatnam - 16. (Rid State government.
employee police department)
6. Paladugu Siva Nageswara Rao, S/o. P. Subbarao, Aged about - 64 years, R/o.H.No.3/156,
Main Road, Near Railway Gate, Tarigoppula Village, Krishna District. (Business)
7. Balivada Devi Prasad Patro,, S/o. B.R.L. Narayana Patro, Aged about - 62 years, R/o.
D.No.54-11-62, Sirisha Towers, Maddilapalem, Visakhapatnam. (Engineer-
Visakhapatnam urban development authority)
8. Balivada Ramalingeswara Laxmi Narayana Patro,, S/o. B.V. Apparao Patro, aged about -
89 years, R/o. D.No.54-11-62, Sirisha Towers, Maddilapalem, Visakhapatnam. (Senior
citizen)
9. Yellumahanti Venkata Ramana, S/o. Y.Anjaneyulu, Aged about -67 years, R/o. Flat
No. 133, Block No.8, Phase-3, Manasarovar Heights, Near Leela Gardens, RTC Colony,
Tirumalagiri, Hyderabad. (Rid State government employee police department)
10. Kuppili Vijaya Kumar, S/o. K.Ananda Rao, Aged about - 42 years, R/o. Flat No.133,
Block No.8, Phase-3, Manasarovar Heights, Near Leela. Gardens, RTC Colony,
Tirumalagiri, Hyderabad. (Employee private company) é
11. Ippili Venkata Guru Ramprasad, S/o. I. Ramakoteswara Rao, Aged about - 53 years, R/o.
A-103, Renaissance Park-3, Railway Parallel Road, Malleswaram West, Bangalore
North, Karnataka State. (Deputy general , steel plant visakhapatnam)
12. Lumburu Harsha Vardhan, S/o. L. Chandra Mouleswara Rao, Aged about - 40 years,
R/o.Flat No.A2-705, Aditya Dsr Lake Side Apartments, Indira Nagar, Gachibouli,
Hyderabad. (Doctor)
13. Gorla Raj Kishore, S/o. G. Venkata Ramana Murthy, Aged about - 64 years, R/o. Flat
No,301, V.V. Towers, K.R.M. Colony, Visakhapatnam. (Software engineer)
a. Petitioners
Bae
AND
1. Union Government of India,, Rep. by its Principal Secretary, Ministry of Petroleum and
Natural Gas, Union Secretariat, New Delhi.
2. Indian Oil Corporation,, Rep. by its Managing Director, 3079/3 J.B.Tito Marg, New
Dethi.
3. Indian Oi! Corporation Limited,, Pipelines Division, Paradip Hyderabad Pipeline Project,
Visakhapatnam, 4th Floor, LIC Annexe Building, Tikkanna Road, Near RTC Complex,
Visakhapatnam-530 004. Rep. by the competent authority.
4. Sri. K.Venkatesu,, Competent Authority, Paradip Hyderabad Pipeline Project,
Visakhapatnam, 4th Floor, LIC Annexe Building,Tikkanna Road, Near RTC Complex,
Visakhapatnam-530 004.
woe 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 an appropriate
Writ, Order or Direction preferably a Writ of Mandamus declaring that the impugned
Notification dated 06-09-2017 issued under Section 3(1) of the PMP Act 1962 with respect to the
residential plots of the petitioners in. Sy.No.75 of Narava Village, Pendurthi Mandal,
Visakhapatnam District A.P., by virtue of which the 4th respondent is appointed as competent
Authority though not qualified, as illegal, arbitrary, Contrary to the directions of the Honorable
Apex court in judgment dated 05-10-2016 rendered in Laljibhai Kadvabhai Savaliya and Ors vs
State Of Gujarat and Ors, reported in 2017 (2) ALD Page 118 (SC) and in violation of provisions
of the said Act, Articles 14, 21 and 300-A of the Constitution of India and consequently set aside
the same and direct the respondents to restrain from laying any pipeline or from interfering with
peaceful possession and enjoyment of the petitioners over their respective plots in the said land
TA 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 stay of alf farther proceedings pursuant to
the notices issued by the respondent No.3 on various dates under section 3(2) of the PMP Act
1962 with respect to the plots of the petitioners in Sy.No.75 of Narava village, Pendurthi
Mandal, Visakhapatnam District pending disposal of the main Writ Petition No. 8159 of 2021,
on the file of the High Court, in the interest of justice. .
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and the Order of High Court dated 18-05-2021 & 29.06.2021 made herein and
upon hearing the arguments of Sri MS R Chandra Murthy Advocate for the Petitioners, and of
Sn N.Harinath (Asst Solicitor General) Advocate for the Respondent No.1 and Sri V.Ashok
Ram, Advocate for respondent Nos. 2 & 3, and the Court made the following:
ORDER:
Heard Sri. M. 8.R. Chandra Murthy, learned counsel for the petitioner. For Continuation, post on 08.07.2021. Interim order granted earlier is extended till 12.07.2021. Sd/- M. SRINIVAS ASSISTANT REGISTRAR
HTRUE COPY For ASSISTANT REGISTRAR
To,
1. One CC to Sri. MS R Chandra Marthy Advocate [OPUC] 2, One CC to Sri. V.Ashok Ram, Advocate [OPUC]
3. One CC to Sri. Harinath N (Asst Solicitor General) Advocate [OPUC]
4. One spare copy
nbr
Tes
HIGH COURT
_AVSS,J
DATED:06.07.2021
NOTE :POST ON 08.07.2021.
ORDER
WP.NO.8159 OF 2021
INTERIM ORDER GRANTED EARLIER IS EXTENDED
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