Andhra Pradesh High Court - Amravati

Uppalapati Santha Kumari vs The State Of Ap on 23 June, 2021

[3206 J

SHOW CAUSE NOTICE BEFORE ADMISSION) ;
IN THE HIGH COURT OF ANDHRA PRADESH :: ANMARAVATI ~-

WEDNESDAY, THE TWENTY THIRD DAY OF JUNE 1
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION NO: 11382 OF 2024 --

  

Between:

1) Smt. Uppalapati Santha Kumari,
W/o. Balaram Raju, Aged 60 years,
R/o. H.No. 3-187, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

2) Kadami Mary Roopa,
W/o. Kishore Kumar, Aged 33 years,
R/o.Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

3) Akula Chinna Appalaraju,
S/o. Late Rarnulu, Aged 7O years, :
R/o. Door No. 3-75, Krishnapuram, Boddavalsa Village, f
Denkada Mandal, Vizianagaram District.

 

4) Smt. Chandaka Ramanamma,
W/o. Ramulappdu, Aged 45 years,
R/o. Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

5) Smt. Gorbaou Suguna,
W/o. Joseph, Aged 65 years,
R/o. Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

:

6) Smt. Gummadi Narayanamma, -- i
D/o. Late Kannayya, Aged 60 years, ;
R/o. H.No. 3-101, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

2

Sri Ganti Ravi Kumar,
S/o, Sanyasayya, Aged 64 years,
R/o. D.No.7/173, Krishnapuram, Boddavaisa Village,
Denkada Mandal, Vizianagaram District.

8) Sri Eeda Ratna Raju,
S/o, Late Ananda Rao, Aged 50 years,
R/o. H.No. 3-56, Krishnapuram, Boddavaisa Village,
Denkada Mandal, Vizianagaram District.

9) Sri Chinta Ratna Raju,
S/o. Babjee, Aged 46 years,
R/o, D.No. Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.
 

 

 

 

 

10) Sri Jagadam Nagabusanam,
S/o. Vadepalli, Aged 70 years,

R/o,. Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

11} Sri Tadikonda Ramadevi,
W/o. Srinivasulu, Aged years,

R/o, H.No, 3-60, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

* 12) Smt.Chalumuri Aruna Kumari,

- 14) Smt. BanceaRat

Se
i

D/o. Somunaidu, Aged 30 years,
R/o. H.No. 6-1-12, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

13) Smt. Lingam Ratnam,
W/o. Prabakara Rao, Aged S2 years,
R/o, H.No. 3-39/A, Krishnapuram, Boddavalsa Village
Denkada Mandal, Vizianagaram District.

. And. Jone qyohe

EAN
Hed vetiei, Aged SO years, SO. SK er
R/o. H.No. 4-55, Krishnapuram, Boddavalsa Village,

Denkada Mandal, Vizianagaram District.

  

15} Sri Bramanapalli Sive Gupta,
S/o. Rama Krishna, Aged 35 years,
R/o Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

16) Bramanapalli Anantha Prakash,
S/o, Rama Krsihna, Aged 37 years,
R/o Krishnapuram, Boddavalsa Village,
Déhkada Mandal, Vizianagaram District.

17) Smt. Mala Vyaya Kumar,
W/o. Voddappa, Aged 45 years,
-Rfo. D.No. 3-15, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

18) Sri Vaddadi Venkata Ramana,
S/o. Chidambaram, Aged 49 years, .
R/o. D.No. 3-45, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District,

19) Sri Yejju Pream Babu,
S/o. Late Yohan, Aged 47 years,
R/o. Krishnapuram, Boddavailsa Village,
Denkada Mandal, Vizianagaram District.

20) Smt. Yerramsetty Devi,
W/o, Chandra Sekhar, Aged 45 years,
R/o, Krishnapuram, Boddavaisa Village,
Denkada Mandal, Vizianagaram District.

 

4

 

ssi)

oe ge Shit Teoh Sith of ths CB EO Wy es

 

 
 

 

 

 menerseeny

©)

21) Sri Lopinti Srimivasa Rao,
S/o. Suriappa Rao, Aged 52 years,
R/o. D.No, 3-53, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

22) Smt. Mandapalli Ratna Lalitha,
W/o. Sadanandam, Aged 56 years,
R/o. D.No. 3-52, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

23) Sri Yadla Rama Rao,
S/o. Narasimhulu, Aged 63 years,
R/o. D.NO. 3-152, Krishnapuram, Boddavalsa Village,
Denkada Mandal, Vizianagaram District.

_.Petitioner/s

 
 

_4. The State of Andhra Pradesh, rep by its Principal Secretary Endowments
Department, Secretariat, Velagapudi, Guntur District.
2 The Assistant Commissioner Endowments, Vizianagaram, Vizianagaram District.
3, Maharaja Alak Narayana Society of Arts 86 Science, (MANSAS) rep by its
< Secretary, Fort, Vizianagaram Town, Vizianagaram District.
Respondents

WHEREAS the Petitioner above named through their Advocate SRI G SAI
NARAYANA RAO 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 mare particularly one in the nature of a
Writ of Mandamus, declaring the actions of the respondent authorities and their officers
in interfering with the peaceful possession and enjoyment of the petitioners properties
situated in Sy.No.5 of Krishnapuram, Boddavalasa Vilage, Denkada Mandal,
Vizianagaram District, without following the due process of law as arbitrary, illegal, high
handed, violative of the Principals of Natural Justice.and also violative of the Articies 21
and 300-A of the Constitution of India, and consequently direct the respondent
authorities not to interfere with the petitioners peaceful possession and enjoyment of
their properties without following due process of law

AND WHEREAS the High Court upon perusing the petition and affidavit filed
_herein and upon hearing the arguments of Sri G SA! NARAYANA RAO Advocate for the
"Petitioner, GP FOR ENDOWMENTS for respondents 1 and 2, SRL K.MADHAVA
REDDY Standing Counse! for 3 respondent directed issue of notice to the
Respondents herein to show cause as to why this WRIT PETITION should not be
admitted.
You viz:
4. The Principal Secretary, Endowments Department, State of Andhra Pradesh,
Secretariat, Velagapudi, Guntur District.
2 The Assistant Commissioner Endowments, Vizianagaram, Vizianagaram District.
3 The Secretary, Maharaja Alak Narayana Society of Arts 86 Science, (MANSAS)
Fort, Vizianagaram Town, Vizianagaram 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, on or before 12.07.2021, on
which date the case stands posted for hearing

IA NO: 1 OF 2021

Patition 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
respondent authorities specifically the 3° respondent authority and their officers not to
interfere with the petitioners peaceful possession and enjoyment of their respective
properties, pending disposal of WP No. 11382 of 2021, on the file of the High Court.

The Court made the following:
ORDER:

"Notice before admission.

The petitioners are aggrieved with the action of the authorities of the 3° respondent, who are seeking to interfere with the possession and enjoyment of the land in the possession of the petitioners in Sy.No.5 of Krishnapuram, Boddavalasa Village, Denkada Mandal, Vizianagaram District.

It is the case of the petitioners that the 3° respondent had filed a suit bearing O.S.No.131 of 1988 before the Principal Junior Civil Judge, Vizianagaram, for recovery of possession of the very same land and the said suit was dismissed by an order dated 09.08.2004. In the circumstances, the petitioners have approached this Court seeking an injunction restraining the authorities of the 3" respondent from interfering with the possession of the said land and the houses that are said to have been constructed by the petitioners.

Sri K. Madhava Reddy, learned Standing Counsel for 3" respondents seeks time to obtain instructions and file counter.

The learned Government Pleader for Endowments also seeks time to file a counter on behalf of respondents 1 and 2.

in view of the Judgment and decree dated 09.08.2004 in O.S.Ne.131 of 1988 ia the Court of the Principal Junior Civil Judge, Vizianagaram, there is a prima facie case in favour of the petitioners.

Accordingly, there shall be an interim direction as prayed for till further orders.

Post on 12.07.2021. U. SRIDEVI

ASSISTANT REGISTRAR TRUE COPY//

For SECTION OFFICER To,

_ The Principal Secretary, Endowments Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.

_ The Assistant Commissioner Endowments, Vizianagaram, Vizianagaram District.

The Secretary, Maharaja Alak Narayana Society of Arts 86 Science, (MANSAS)

Fort, Vizianagaram Town, Vizianagaram District. (Addresses 1 to 3 by RPAD-

along with a copy of petition and memorandum of grounds)

One CC to SRIG SAI NARAYANA RAO Advocate [OPUC] ~~

Two CCs to GP FOR ENDOWMENTS, High Court of AP [OUT] ~

One CC to SRI K MADHAVA REDDY Standing Counsel fOPUC}