Golagani Simhachalam vs The State Of Andhra Pradesh,
2022 Latest Caselaw 2433 AP

                     HIGH COURT OF ANDHRA PRADESH

                   MAIN CASE NO.: W.P.No.11065 of 2022
                                PROCEEDING SHEET

Sl.      Date                                    ORDER                                  OFFICE
No.                                                                                      NOTE
04
      06.05.2022    RC, J

                            The grievance of the petitioners                 in the
                    present writ petition is that the respondent

authorities without consent of the petitioners, are attempting to take possession of the land in order to assign the lands to the house sites pattas under the scheme "Navaratnalu- Pedalandariki Illu" by virtue of G.O.Ms.No.72 Municipal Administration and Urban Development Department dated 25.01.2020.

When the issue falls for consideration, the Division Bench of this Court passed an order in W.P(PIL)No.64 of 2022 dated 11.03.2022, which reads as follows:

"In the result, the writ petition (Public Interest Litigation) is dismissed while making it clear that the respondent No.3/ Visakhapatnam Metropolitan Region Development Authority is entitled to pool the land from the landholders, who voluntarily came forward to surrender their land accepting developed plots as mentioned above, not from the landholders who did not agree to surrender their land voluntarily. No costs."

The case of the petitioners is that pursuant to the said direction passed in the judgment referred above the authorities without taking consent of the petitioners are attempting to dispossess them from their lands.

On the other hand learned Assistant Government Pleader for Revenue submitted that the petitioners gave consent as such they are entitled to take the land. To adjudicate the issue whether the consent has been given or not, a detailed counter is required .

Learned counsel for the petitioners submitted that in the mean time, the protection of the petitioners may be considered.

Learned counsel for the petitioners also brought to the notice of this Court that in similar circumstances, this Court passed an order in W.P.No.5393 of 2020.

In view of the facts and circumstances of the case, and taking into consideration the order passed in W.P.No.5393 of 2022, status quo obtaining as on today shall be maintained by the respondent authorities till 30.07.2022.

List the matter on 15.07.2022 for filing counter.

________ RC, J

BSP