High Court for State of TelanganaWP/4261/2015disposed of no costs

Dharmi Reddy Demudu, v. The State Of Andhra Pradesh,

2015-04-10Challa Kodanda Ram8 pages

(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY , THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WP 4261 of 2015 Between:

1 Dharmi Reddy Demudu, S/o, Late Sanysi, aged about 62 years, Hindu, Cultivation, R/o Chinapudi Village, H/o Pudi, Rambelli Mandal, Visakhapatnam District.

2 Dharmi Reddy Ramulu, S/o, Late Kannaiah, aged about 65 years, Hindu, Cultivation, R/o Chinapudi Village, H/o Pudi, Rambelli Mandal, Visakhapatnam District.

..... PETITIONER(S) AND 1 The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Anakapalli, Visakhapatnam 4 The Mandal Tahsildar, Achutapuram, Achutapuram Mandal, 5 The Superintendent of Engineer, A.P. Housing Board, Visakhapatnam District.

9 The Mandal Surveyor, Achutapuram, Achutapuram Mandal, 10 The Village Revenue Officer, Pudimadaka, Achutapuram Mandal, Achutapuram, Visakhapatnam District. 11 P.Veerabhadra Rao, S/o Not known, Worked as The Mandal Tahsildar, Achutapuram, Achutapuram Mandal, Visakhapatnam 12 P.V.R. Prasad, S/o not known, Working as The Assistant Engineer, A.P. Housing Board, Elamanchili, Visakhapatnam District. 13 Soma Sekhar, S/o not known, Working as The Junior Engineer, A.P. Housing Board, Achutapuram, Achutapuram Mandal, Visakhapatnam. District.

14 P.Raja Rao, S/o not known, Working as the Mandal Surveyor, Achutapuram, Achutapuram Mandal, Visakhapatnam District. 15 K.V.R. Prasad, S/o not known, Working as The Village Revenue Officer, Pudimadaka, Achutapuram Mandal, Achutapuram, .....RESPONDENT(S) WHEREAS the Petitioners above named through their Advocate Sri G.SIMHADRI presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly a Writ in the nature of Mandmus declaring the action of the respondents in trying to disposes the petitioners from their lands of an extent of Ac. 125 cents in Sy. No.57/1 of 1st Petitioner and for the 2nd Petitioner old Sy. 57/1 (New Sy. No.

57/4) an extent 1-25 cents respectively of Pudimadaka Village of Atchutapuram Mandal of Visakhapatnam District without following due process of law as being illegal, Aribitrary, Contrary to the principles of natural justice and violative of Art. 14 and 300 A of the constitution of India and contary to the G. O. Ms. No. 571, dated 14-09-2012 and consequently direct the respondents to follow due procedure as contempled in the G.O.Ms. No. 571 dated 14-09-2012.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri G.SIMHADRI, Advocate for the Petitioners and directed issue of notice to the Respondents herein to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition;

You viz ;

1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Hyderabad.

2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Anakapalli, Visakhapatnam 4 The Mandal Tahsildar, Achutapuram, Achutapuram Mandal, 5 The Superintendent of Engineer, A.P. Housing Board, Visakhapatnam District.

6 The Divisional Engineer, A.P. Housing Board, Anakapalli, Anakapalli Division, Visakhapatnam District. 7 The Assistant Engineer, A.P. Housing Board, Elamanchili, 8 The Junior Engineer, A.P. Housing Board, Achutapuram, 9 The Mandal Surveyor, Achutapuram, Achutapuram Mandal, 10 The Village Revenue Officer, Pudimadaka, Achutapuram Mandal, Achutapuram, Visakhapatnam District. 11 P.Veerabhadra Rao, Worked as The Mandal Tahsildar, Achutapuram, Achutapuram Mandal, Visakhapatnam District. 12 P.V.R. Prasad, Working as The Assistant Engineer, A.P. Housing Board, Elamanchili, Visakhapatnam District. 13 Soma Sekhar, Working as The Junior Engineer, A.P. Housing Board, Achutapuram, Achutapuram Mandal, Visakhapatnam. 14 P.Raja Rao, Working as the Mandal Surveyor, Achutapuram, 15 K.V.R. Prasad, Working as The Village Revenue Officer, Pudimadaka, Achutapuram Mandal, Achutapuram, Visakhapatnam are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.

Learned counsel for the petitioners is permitted to take out personal notice on the unofficial respondents through RPAD and file proof of service into the Registry.

Post after six (06) weeks in the motion list. Sd/- K.RAMESH BABU ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Hyderabad.

11 P.Veerabhadra Rao, Worked as The Mandal Tahsildar, Achutapuram, Achutapuram Mandal, Visakhapatnam District. 12 P.V.R. Prasad, Working as The Assistant Engineer, A.P. Housing Board, Elamanchili, Visakhapatnam District. 13 Soma Sekhar, Working as The Junior Engineer, A.P. Housing Board, Achutapuram, Achutapuram Mandal, Visakhapatnam. 14 P.Raja Rao, Working as the Mandal Surveyor, Achutapuram, 15 K.V.R. Prasad, Working as The Village Revenue Officer, Pudimadaka, Achutapuram Mandal, Achutapuram, Visakhapatnam District. (Addresses Nos.1 to 15 BY RPAD ALONG WITH A COPY OF PETITION AND AFFIDAVIT).

16 Two CCs to G.P for Revenue (A.P.), High Court of Judicature at Hyderabad (OUT).

17 One CC to SRI G.SIMHADRI, Advocate (OPUC). 18 One Spare Copy.

KGK HIGH COURT

CKR J

ORDER

NOTE: POST AFTER SIX WEEKS IN ML DATED: 24-02-2015 WP NO. 4261 OF 2015 NOTICE BEFORE ADMISSION

HIGH COURT DRAFTED BY: KGK DATED OF DRAFTING: 27-02-2015 CKR J

ORDER

NOTE: POST AFTER SIX WEEKS IN ML DATED: 24-02-2015 WP NO. 4261 OF 2015

NOTICE BEFORE ADMISSION