Andhra Pradesh High Court - Amravati
Kadiyala Punyavardhan Rao, vs Chundu Narsi Reddy on 10 May, 2023
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.512 of 2023
(Through physical mode)
Kadiyala Punyavardhan Rao,
S/o. Venkata Narasimha Rao,
Aged about 55 years, Occ: Agriculture,
R/o. Vaddamanu Village, Tulluru Mandal,
Guntur District and others.
..Appellants
Versus
Chundu Narsi Reddy,
S/o Ch.Narasimha Reddy,
Aged 50 years, Occ: Agriculture,
R/o.Vaddamanu Village, Thulluru Mandal,
Guntur District and others.
...Respondents
ORAL JUDGMENT
Dt:10.05.2023
(per Prashant Kumar Mishra, CJ)
This writ appeal would call in question the interim order dated
01.05.2023 passed in W.P.No.40045 of 2022 by the learned single Judge.
Respondent Nos.6 to 8 in the writ petition are the appellants before us.
2. In W.P.No.40045 of 2022, first interim order was passed on
19.12.2022 to the following effect.
"Notice to the respondents 6 to 9.
Learned counsel for the petitioner is permitted to take out
personal notice on the respondents 6 to 9, through RPAD and file proof
of service.
Learned Standing Counsel appearing for the 5th respondent
Gram Panchayat, on instructions, submitted that the notice issued on
28.11.2022 the unofficial respondents also submitted their explanation
and final enquiry is pending, thereby requested further time to conclude
the enquiry. He further submitted that not only the unofficial
respondents, but also to the several other persons also received the
notice.
Considering the said submissions, post after Pongal Vacation
2023 for filing counter along with enquiry report/action taken report."
3. Thereafter, the present impugned interim order has been passed
on 01.05.2023 directing respondent Nos.10 and 11 in the writ petition to
give assistance to respondent No.5 therein to carry out its official duties.
4. It is argued that in view of the subsequent order, the unofficial
respondents/appellants apprehend that they may be removed from the
possession without following due process of law i.e. even without
completing the enquiry which is pending.
5. In our considered view, the interim orders passed by the learned
single Judge dated 19.12.2022 and 01.05.2023 are to be read in
harmony. Since both the interim orders are in operation and the present
impugned interim order dated 01.05.2023 is not in the nature of
modification of the earlier order dated 19.12.2022, we are inclined to
dispose of the present appeal with an observation that the direction
issued to respondent Nos.10 and 11 in the writ petition to give assistance
to respondent No.5 to carry out its official duties would be put into action
or implementation only after completion of the enquiry, if it is found that
the unofficial respondents/appellants are in illegal occupation/
encroachment of tank poramboku land situated in Sy.No.123, Vaddamanu
Village, Thulluru Mandal, Guntur District.
6. With the above observation, the writ appeal is disposed of. No
costs. All pending miscellaneous applications shall stand closed.
PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J
Ksp
