Andhra Pradesh High Court - Amravati
Ganji Venu Gopala Rao vs The State Ofandhra Pradesh on 14 July, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH: AT AMARA
(Special Original Jurisdiction) 4¢
FRIDAY, THE FOURTEENTH DAY OF JULY
TWO THOUSAND AND ll^/ENTY THREE #
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA /
WRIT PETITION NO: 17384 OF 2O23 /
Betwee n :
1. Ganji Venu Gopala Rao, S/o Ganji Krishna Rao, Aged about 60 years,
R/o.823, Bushby Court, London, Ontario N6H Canada.
2. Ganji K.a_nakeswari, W/o Ganji Venugopal Rao, Aged about 53 years, R/o.823,
Bushby Court, London, Ontario N6H Canada.
3. Ganji Sri Gopinath, S/o Venugopala Rao GanJ'i, Aged about 39 years,
Scientist, R/o 2024, R Upland Way, Apt./304, PhiladelphI'a, PA-19131 U.S.A.
4. Ganji Srinidhi,- D/o Venugopala Rao Ganji, W/o Meta Anantha Nag, aged
about 32 years, Doctor, R/o 18E, Main Street, Allegany, New York State,
U.S.A Being rep. by their Special Power of Attorney Holder, Tiruveedula
Venkatarathnam, S/o late Ramakrishna, aged about 67 years, R/o D.No.25-
09-692, 2nd Crossroad, Postal Colony, A.K. Nagar, Nellore.
Petitioners
AND
1. The State ofAndhra Pradesh, Rep by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Guntur District.
2. The District Collector, SPSR Nellore District, Nellore.
3. The Revenue Divisional Officer, Nellore, SPSR Nellore District.
/
4. The Mandala Revenue Officer, Venkatachalam Mandal, SPSR Nellore
District.
Respondents
Petition under Article 226 of the Constitution of India is filed praying that in the
circumstances stated in the affidavit filed therewith, the` High Court may be pleased
to issue a writ or order or direction more particularly one in the nature of writ of
Mandamus declaring the action of the 4th respondent who permitted the third parties
to excavate the gravel in some portion of the petitioners' agricultural land situated in
Sy.No.2372, ignoring that the petitioners' obtained relief of title declaration and
permanent injunctionl restraining the respondents 2 to 4 to interfere into the peaceful
possession and enjoyment of the petitjone.rs' agricultural land to an extent of
Ac.37.52 cents situated in Sy.No.2372, Nagambotlavari kandriga, sarveypalli Bit-Jl,
yheenpk:ttl:icohnael : Ta t¥da nldst; i. 2Noe213O raen3 i s3tOr i. C# 3d2 3n bO; :hC:i nrge supPoOnnd :hn:s r2e i:e: :sntaa:i:tnrSa ;:
illegal and violation of the Article 300-A of the Constjtutfon of India, and the decree of
the court, consequently direct the respondents 2 to 4 not to issue permissjons to
excavate the gravel in Sy.No.2372 without doing subdivision to sy.No.2372 and stop
the illegal excavation of gravel Ion the petitioners' land in sy.No.2372 to an extent of
Ac.37.52 cents, situated in sarveypalli village Bit-lI, Venkatachalam MandaI, Nellore,
conducting an enquiry about the illegal excavation. done by the third parties wI'th the
PermiSSiOnS Of the 4th respondent and pay the appropriate compensation to the
petitioners', in the interest ofjustI'Ce.
JALNO: 1 OF 2LQ23
Petition under section 151 CPC is filed praying that in the circumstances
stated in the affl-davit filed in support of the writ petition, the High Court may be
pleased to direct the respondents 2 to 4 to stop the illegal excavation of gravel in the
PetitiOnerS' agricultural land to an extent of Ac.37.52 cents in Survey No. 2372,
Nagambotlavari Kandriga, SurveypallI-Bit-Il, Venkatachalam Mandal, Nellore District,
by actl'ng upon the representation of the petl'tioner dated 15. 06.2023 and
30.06.2023, jn the interest of justice, pending dl-sposal of W_..P_.No.17384 of 2023, 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 SMT.Y.L.SIVA
KALPANA REDDY Advocate for the petitioners and AGP for Revenue for
Respondents, the court made the followl-ng.
ORDER:
Heard learned counsel for the petitioners.
Learned Assistant Government pleader for Revenue seeks time to
secure instructions in the matter.
Considering the submissions made and perusing the material on record
including the Judgment and Decree in O.S.No.30 of 2010 dated 23.02.2023 on
the file of the Court of III Additional District Judge, Nellore, in respect of the
subject matter property, there shall be imterim direction as prayed for.
List this case after four (4) weeks. sd/_ K. J. RAJA BABU
sslsTANJ# GISTRAR
ASSISTA
//TRUE COPY//
For SECTION OFFICER
To,
1. The Princl®pal Secretary, Revenue Department, state ofAndhra Pradesh,
Secretariat, Velagapudl', Guntur District.
2. The District Collector, SPSR Ne'lore District, Nellore.
3. The Revenue Divisl-onaI Officer, Ne'lore, SPSR Nellore District.
4. The Mandala Revenue Officer, y9nkataChalan] Mandal, SPSR NeHore
5. Bins:ri8t6(tboy 3:€DjL.slvA KALPANA REDDY Advocate [OPUC]
6. Two CCs to GP FOR REVENUE, Hieh Court OfAndhra Pradesh. [OUT]
/ /
7. One sparecopy
SRL
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HIGH COURT
NJSJ
DATED: 14/07/2023
NOTE: LIST THIS CASE AFTER FOUR (4) WEEKS
ORDER
WP.No.17384 of 2023
DIRECTION
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