Andhra Pradesh High Court - Amravati
Burugupalli Atchyuta Rama Rao vs State Of Ap on 14 June, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
(SPECIAL ORIGINAL JURISDICTION) .~
MONDAY, THE FOURTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO: 10743 OF 2021
Between:
Burugupalli Atchyuta Rama Rao, S/o Late Narasimha Rao, Aged 50 Years, Occ:
Cultivation, R/o D.No.4-139, Velivennu Village, Undarajavaram Mandal, West
Godavari District.
__.Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Amaravati, Guntur District.
The District Collector, West Godavari District at Eluru. :
The Sub-Collector-cum-Revenue Divisional Officer, Eluru, West Godavari -
District.
The Tahsildar, Undrajavaram Mandal, West Godavari District.
Velivennu Gram Panchayat, Rep. by Its Executive Authority -cum-Secretary,
Velivennu, Undrajavaram Mandal, West Godavari District.
6. The Primary Agricultural Co-Operative Society, Velivennu, West Godavari District
Represented by its Secretary.
on
ae
. Respondenis
WHEREAS the Petitioner above named through his Advocate M/s. K Jyothi
Prasad 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 an appropriate writ, order or direction more particularly one: in the
nature of WRIT OF MANDAMUS declaring the action of the respondents in
contemplating to allot land in an extent of Ac.0.05 cents covered by Sy.No.182/1 of
Velivennu Revenue Village. Undrajavaram Mandal, West Godavari District to the' on
respondent/The Primary Agricultural Cooperative Society, which is being used by the
petitioner as passage for his ingress and egress fo reach R & B road situated on the
eastern side of his house and site property situated in an extent of Ac.0.23% Cents in
S.No.184/15 of same village and thereby blocking the passage to reach R & B read
from the said house and site property in spite of judgment and decree in 0.S.No.
183/1997 dated 30.06.2004 and representation dated 17.02.2021, without there being
any authority of law, as illegal, irregular, irrational, without jurisdiction, violation of
principles of natural justice, provisions of Standing Order 15 of Andhra Pradesh Board |
Standing Orders, Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 19 ©
21 and 300-A of Constitution of India and consequently direct the respondents to not to
allot any portion of above said property to the Agricultural Co-operative Society/6"
respondent.
AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of M/s. K Jyothi Prasad, Advocate for the
Petitioner and of GP for Revenue for Respondent Nos.1 to 4, Sri | Koti Reddy, Standing
Counsel for Respondent No.5, directed issue of notice to the Respondents herein to
show cause as ta why this WRIT PETITION should not be admitted.
You viz: :
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
Secretariat, Velagapudi, Amaravati, Guntur District.
The District Collector, West Godavari District at Eluru.
The Sub-Collector-cum-Revenue Divisional Officer, Eluru, West Godavari District,
The Tahsildar, Undrajavaram Mandal, West Godavari District.
Executive Authority ~cum-Secretary, Velivennu Gram Panchayat, Velivennu,
Undrajavaram Mandal, West Godavari District.
The Secretary, Primary Agricultural Co-Operative Society, Velivennu, West
Godavari District.
in & to DO
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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
29.06.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2021
Petition under Section 161 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondents not to allot land in an extent of Ac.0.05 cents covered by Sy.No.182/1 of
Velivennu Revenue Village, Undrajavaram Mandal, West Godavari District to the oa
respondent/The Primary Agricultural Cooperative Society, which is being used by the
petitioner as passage for his ingress and egress to reach R & B road situated on the
eastem side of his house and site property situated in an extent of Ac. 0.2314 Cents in
S.No.184/15 of same village, pending disposal of WP No.10743 of 2021, on the file of
© the High Court.
The Court made the following:
ORDER: .
"Notice before admission returnable in two (2) weeks.
'Learned counsel for the petitioner is permitted to take out notice to
respondent No.5 by registered post with acknowledgement due and file proof of
service into the Registry.
Post on 29.06.2021.
Till then, there shall be an order of status quo with regard to possession of
the subject property."
Sd/- V.SATYANARAYANA
ASSISTANT REGISTRAR
{TRUE COPYI/ es
A
CA
For ASSISTANT REGISTRAR
To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh,
: Secretariat, Velagapudi, Amaravati, Guntur District.
The District Collector, West Godavari District at Eluru,
| The Sub-Collector-cum-Revenue Divisional Officer, Eluru, West Godavari District.
- The Tahsildar, Undrajavaram Mandal, West Godavari District.
Executive Authority -cum-Secretary, Velivennu Gram Panchayat, Velivennu,
_Undrajavaram Mandal, Wesi Godavari District.
. The Secretary, Primary Agricultural Co-Operative Society, Velivennu, West
' Godavari District.(1 to 6 by RPAD)
7. One CC to M/s. K Jyothi Prasad, Advocate [OPUC]
8. One CC to Sril. Koti Reddy, Standing Counsel [OPUC]
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
10.One spare copy.
MSB
oe On
oD
HIGH COURT
MSM,J
DATED:14/06/2021
ORDER
POST ON 29.06.2021
NOTICE BEFORE ADMISSION
WP.No.10743 of 2021
STATUS QUO
