Andhra Pradesh High Court - Amravati
Shaik Masthan, vs The State Of Andhra Pradesh, on 19 March, 2021
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY, THE NINETEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY ONE
'PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 21030 OF 2020
Between:
Shaik Masthan, S/o. Shafi Saheb. "Wee
.... Petitioner.
AND
1. The State of Andhra Pradesh, Represented by its Prinicpal Secretary, Revenue
Department, Secretariat Buidlings, Velagapudi, Amaravathi. Andhra Pradesh.
The District Collector, Kadapa District, Kadapa.
The Revenue Divisional Officer, Kadapa Division, Kadapa District.
The Tahsildar, TSundupalli Mandal, TSundupalli, Kadapa District, AP.
Pasupuleti Kanaka Durgaiah, S/o. not known to the Petitioner, aged about 59
years, Occupation Tahsildar at T Sundupalli, T. Sundupalli Mandal, Kadapa
District.
6. Podipala Bhaskar, S/o. not known to the Petitioner, aged about 47 years,
Occupation Deputy Tahsildar at T.Sundupalli, T Sundupalli Mandal, Kadapa
District.
7. S. Javeed Rahiman, S/o. Abdul Gaffar, aged about 68 years, D.No. 1/92, Santha
Gate, T. Sundupalli Village, T Sundupalli Mandal, Kadapa District.
8. S. Abdul Jameel, S/o. Abdul Gaffar, aged about 52 years, D.No. 1/92, Santha
Gate, T. Sundupalli Village, T.Sundupalli Mandal, Kadapa District.
9. S. Shafiq Anmed, S/o Javeed Rahiman, aged about 46 years, D.No.1/92, Santha
Gate. T. Sundupalli Village, T.Sundupalli Mandal, Kadapa District.
10.S. Famida, W/o. Abdul Jammel, aged about 45 years, D.No. 1/91 Santha Gate,
T. Sundupalli Village, T.Sundupalli Mandal, Kadapa District.
11. The Superintendent of Police, Kadapa, Kadapa District.
12. The Station House officer, T.Sundupalli, Tsundupalli tviandal, Kadapa District.
akwn
... 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus
the action of the respondents more particularly the action of the respondent No. 4 in'
issuing the impugned Notices 06.05.2019, 03.08.2020 and 17.08.2020 at the instance
of the 7th to 10" respondents pertaining to Sy.No.2189/B1 to an extent of Ac. 0.01 %
cents at T.Sundipalli Village, TSundipalli Mandal, Kadapa District, contrary to the
dismissal of the suit in O.S.No.108/2010 filed by the 7th respondent and Status Quo
orders in 1.A.No.192/2020 in O.S.No. 49/2020 on the file of the Principal Junior Civil
Judge, Rayachoti against 8th and 10th respondents, without following the law and
demolishing my shed at the instance of the unofficial respondents, _ illegally
dispossessing me is high handed, illegal, arbitrary, malafide, without authority, contrary
to law, violation of Article 300A and Article 21 of the Constitution of India and Human
Rights apart from violation of Principles of Natural Justice and consequentially set aside
the notices of the official respondents and direct the respondents not to interfere with
land of the Petitioner in Sy.No.2189/B1 to an extent of Ac. 0.01 % cents at TSundipalli
Village, TSundipalli Mandal, Kadapa District. b. Declaring the action of the official
respondent Nos. 4 to 6 in permitting the respondent No.9 for illegally constructing the
house without any title or ownership by providing the police aid by the 12th respondent
without any authority of law as illegal, arbitrary contrary to law c. Declaring the action of
the 12th respondent in interfering with the civil disputes/ matter contrary to the
Judgments of the this Hon'ble High Court and the Apex Court and proper action against
him by the respondent, d. Direct the respondent Nos. 4 to 10 and 12 to pay the
damages and compensation for the loss caused to the petitioner, mental agony,
hardship with their illegal acts using their official offices for illegal gains.
IA NO: 1 OF 2020
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, to direct the official
respondents 1 and 2 not to release the pensioner benefits or any other benefits of
respondent No.4 till the disposal of the above Writ Petition, pending disposal of WP
21030 of 2020, on the file of the High Court.
IA NO: 2 OF 2020
_ 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 to direct the
respondents not to proceed with the construction in Sy.No. 2189/B1 to an extent of Ac.
0.01 % cents at TSundipalli Village, TSundipalli Mandal, Kadapa District, not to interfere
with peaceful possession and enjoyment of the land of the Petitioner in Sy.No. 2189/B1
to an extent of Ac. 0.01 % cents at TSundipalli Village, TSundipalli Mandal, Kadapa
District, Pending disposal of WP 21030 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri P Sree Ramulu Naidu
Advocate for the Petitioner, and of GP for Revenue for the Respondent Nos.1 to 4 and
of GP for Home for Respondent Nos.11 and 12 and the Court made the following.
ORDER:
" List the matter after four weeks for filing counter of the concerned
respondents.
Interim order, passed earlier is extended by eight weeks."
Sd/- U.SRI DEVI
ASSISTANT REGISTR
I(TRUE COPYI/
g
For ASSISTANT REGISTRAR
To
One CC to Sri. P Sree Ramulu Naidu Advocate [OPUC]
Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT]
Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT]
One spare copy
PwON>
nbr
HIGH COURT
NJSJ
DATED:19/03/2021
LIST THE MATTER AFTER FOUR WEEKS.
ORDER
WP.No.21030 of 2020
INTERIM ORDER EXTENDED
