Andhra Pradesh High Court - Amravati
D Jamal Saheb vs The State Of Andhra Pradesh, on 29 December, 2023
IN TRE HIGH COURT OF ANDHRA PRADESH AT AMSRAVAT:
FRIDAY, THE TWENTY NINETH DAY OF DECEMBER,
TW THOUSAND AND TWENTY THREE
(PRESENT:
THE HONOURABLE SRI JUSTICE RAVI | CHEEMALAPAT
LANo.1 of 2023
in
WLP No. 33479 OF 2023
Between:
Jamal Sahab, S/o. Late DO. Kuraniviya. aged about OS years, Agncullurst,
Rio. Gadivemula Vilage and Mandal, Nandyal [xstrict
O. Sitabanu, Wn. D. Jamal Basha, aged about 25 years, R/o. 6-38, BC
oe
Colony, Gadivemula Village and Mandal Nandyal District
. PSitianers
AND
3. The State of Andhra Pradesh, Reno by ifs Principal Secretary Revenues
Department, Secratanat Velagapudi, Guntur District,
2. The [istrict Collectar, Nandyal { District, Nandyal
3. The Revenue Divisional Officer, Na andyal Division, Nandyal District.
4. The Tahsildar, Gadivemula Mandal Nandyal District.
. Respondents
Caunsel for the Patitieners ; Sri KR. Rathangapani Reddy
Gounsel for the Resnondants : GP for Revenue
Petition under Section 157 of CrP.C, praying thal in the circumsianoas stated
in the affidavit fled in suport a the petition, the High Court may be pleased to grant
stay of converting Government rasta land admeasuring Ac. 1.04 cants in Sy No S430
of Edakalagudur Vilage, Gadivemula Mandal, Nandyal District in to house ales
under "Navarainslu Peddalu Andariki Nu Scherne', Pending disposal of the
WP No.33478 of 2023 on the Mle of the High Court.
The court while directing issue of notice io the Respondents herein to show
cause as fo why this application should not be complied with, made the following
iThe receint of this order will be deamed fo be the receipt of notice in the case}
GRDER:
"Heard Sri K. Rathangapani Redely, learned counsel for the petitioner.
The learned counsel for the petiioner In elaboration contended that, the
subject land is classified ag 'Rasta'. Now the revenue authorities are
comempiating to assign the said land to some third parties as 'House sites'. ff
the same is happened, petitioner's rights wHi be affected. it is settled orincisis
of law that if the land is classified as 'Rasta', cannot be canverted into house
sites. In support of the Same, learned counsel for the petitioner raed on &
judgment of Coordinate Bench in Smt 8S. Maheswari Vs. the Sie
Pradesh, reported in 2021 SCC Online AP S498.
in responas to the same, Sri P.Subhash, learned Gavernment Meader
submitted that if the land classifies a8 rasta is
that can be used for allotment of HOUSE Sife pattas, however
&
fe of Andhra
fof used by any of the villagers,
after conversion
of the land by lasuance of notification, However, they have to get instructians
in this regard and sought one {01} week time.
Perused the recard.
Prima facie point made out for consideration. As such, thie Court is
inclined to pass the following interim order, pending further orders,
"There shall be status-quo to be Mainigined by
regarding the sublect land".
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TRUE COPY;
rhe Principal Secretary, State of Andhra Pradesh, Revenue Department,
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he Revenue Divisional Officer, Nandyal Division, Nandyal Distriet
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fo SK Rethanga Sani Reddy, Advocate [OP UC}]
Two CCs to OP for Revenue, High Court of Andhra Pradesh, POUT]
One spare capy
both the parties,
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HIGH COURT
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DATED: 28/4 2/2023
POST ON 08.4).2024, IN THE "MOTION LIST?
ORDOBER
IA No. 1 OF 2023
iN
WP NO: 33479 OF 2023
eSB
SANG SN RN
STATUS-QUO "
