Andhra Pradesh High Court - Amravati
Uppalapu Sarveswara Rao vs The State Of Andhra Pradesh, on 17 May, 2021
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR,
(special Original Jurisdiction) -
MONDAY , THE SEVENTEENTH DAY OF MAY,
TWO THOUSAND AND TWENTY ONE
:PRESENT: . we
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR =
WRIT PETITION NO: 9957 OF 2021 5.
Between: w
1. Uppalapu Sarveswara Rao, S/o. Late Chalapathi, aged about 78 years, Occ-
Agricultural Cooli, R/o. D.No.21/495, Baba Nagar Road, Near Railway gate,
Adarsa Nagar, Pedakaragrabaram, Machilipatnam, Krishna District.
2. Uppalapu Rambabu, S/o. Late Chalapathi, aged about 63 years, Occ-
Agricultural Cooli, R/o. D.No.21/495, Baba Nagar Road, Near Railway gate,
Adarsa Nagar, Pedakaragrabaram, Machilipatnam, Krishna District.
Petitioners
AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Collector's Coumpound, Machilipatnam District, Krishna
District. . .
The Revenue Divisional Officer, Machilipatnam District, Krishna District.
Tahasildar, Machilipatnam District, Krishna District.
oH
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 Writ, order or orders specially one in the nature of WRIT OF MANDAMUS
declaring the action of respondents in not granting patta in favour of the petitioners in an
extent of Ac. 0.69 cents in R.S. No.458, Ac.0.53 cents in R.S.No.468/2 agriculture land
and an extent of Ac.0.05 cents as house site at Pedakaragraharam of. Chilakalapudi,
Machilipatnam Mandal, Krishna District despite of the judgment and decree in
O.S.No.141 of 2007 dated 9-7-2012 and inspite of the letters addressed by the 3"
respondent to the 4" respondent in letters: dated 7-2-2015 and 24-2--2020 is illegal,
irregular, arbitrary and violative of the Articles 14, 21 and 300-A of the Constitution of
India and consequently direct.the Respondents not to dispossess the petitioner from the
land in an. extent of Ac. 0.69 cents in R.S. No.458, Ac.0.53 cents in R.S.No.468/2
agriculture land and an extent of Ac.0.05 cents as house site. at Pedakaragraharam of
Chilakalapudi, Machilipatnam Mandal, Krishna District without following due process of
law.
IA NO: 1 OF 2021
Petition under Section 151 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 dispossess the petitioner from the land in an extent of Ac.
0.69 cents in R.S. No.458, Ac.0.53 cents in R.S.No.468/2 agriculture land and an extent
of Ac.0.05 cents as house site at Pedakaragraharam of Chilakalapudi, Machilipatnam
Mandal, Krishna District without following due process of law, pending disposal of WP
9957 of 2021, on the file of the High Court. « .
The petition coming on for hearing, upon perusing the Petition and. the affidavit
filed herein and upon hearing the arguments of Sri G Raju Advocate for the Petitioners,
and GP for Revenue for the Respondents, the Court made the following .
he!
ORDER: . | in
Heard the learned counsel for the petitioners and learned Government
Pleader for Revenue.
ae
. It is submitted by the learned counsel for the petitioners that there is an
order of injunction in favour of the petitioners and despite the same, the
respondents are trying to dispossess the petitioners from their land.
On the other hand, the learned Government Pleader submits that the
land is required for establishment of a Medical College and other Government
institutions. Though the petitioners were asked to vacate the land, 'they are
continuing with the agricultural operations. However, he seeks | time to get
instructions.
Having regard to the fact that the petitioners are in possession of the
lands and there is an order of injunction in favour of the petitioners, the
respondents are directed not to dispossess the petitioners from the lands in
question, except in accordance with law.
Post on 14.06.2021. --
TO ot me cent im mga,
; ao:¥ Savithri Gowfi
ITTRUE COPYI/ : segease
For . "SECTI FICER
To. 7
1. The Principal Secretary, Revenue Department, State of A-P., Secretariat,
Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Collector's Coumpound, Machilipatnam District, Krishna
District. --~
. The Revenue Divisional Officer, Machilipatnam District, Krishna District.
The Tahasildar, Machilipatnam District, Krishna District. (Addressee Nos 1 to 4.7 __
by RPAD)
One CC to Sri. G Raju Advocate [OPUC]
Two CCs to GP for Revenue, High Court Of Andhra Pradesh-[OUT]
One spare copy
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HIGH COURT
CPK,J
DATED:17/05/2021
NOTE: POST ON 14-06-2021
ORDER
WP.No.9957 of 2021
DIRECTION
