Vijayalakshmi Erukala Sankshema Sangam v. The Government Of Andhra Pradesh,
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD SATURDAY THE TWENTYSEVENTH DAY OF AUGUST TWO THOUSAND AND ELEVEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WP .NO:23395 of 2011 Between:
1 Vijayalakshmi Erukala Sankshema Sangam (Regd.No.120/2011) rep. by its President, Itta Lakshminarayana, D.No. 10-26, Nagambhotlapalem Village, Thallur Mandal, Prakasam District. 2 Mr.Itta Lakshminarayana S/o. Ramanna 3 Mr.Itta Adinarayana S/o. Peda Ramaiah ..... Petitioners AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Saifabad, Hyderabad.
2 The District Collector, Prakasam at Ongole. 3 The Revenue Divisional Officer, Kandukur, Prakasam District. 4 The Tahsildar, Thallur Mandal, Prakasam District. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus and declare the action of the respondents in trying to dispossess the petitioners form subject land situated in Sy.No.554 in between Nagambhotlapalem and Gangavaram Villages, Thallur Mandal, Prakasam District, without giving any notice or opportunity and without initiating any proceedings being illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and apart from being violative of principles of natural justice;
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High court dated 20-08-2011 made herein and upon hearing the arguments of SRI VENKATA RANGADAS KANURI Advocate for the Petitioners and of Govt. Pleader for Revenue (Andhra and Rayalaseema Areas) for the respondents, the Court made the following:
ORDER: Learned Government Pleader for Revenue (Andhra and Rayalaseema Areas), on instructions, states that around 39 persons had encroached upon the land in question; action was initiated against them under the provisions of the Andhra Pradesh Land Encroachment Act, 1905, and, they were evicted on 09.08.2011; after their eviction and after the present Writ Petition was filed, around 18 persons had again encroached upon the land on 22.08.2011 under the cover of the interim order of this Court; and the fourth respondent apprehends that, in view of the interim order passed earlier, there
may be further encroachment on the land.
I consider it appropriate, therefore, to direct status quo as on today to be maintained in respect of 18 persons who are, admittedly, in possession of the land. It is open to the respondents to take such steps, as are necessary, to secure the land from further encroachment.
Post after two weeks for the counter affidavit of the respondents. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1.The Principal Secretary, Department of Revenue, Govt. of A.P. Secretariat Buildings, Saifabad, Hyderabad.
2 The District Collector, Prakasam at Ongole. 3 The Revenue Divisional Officer, Kandukur, Prakasam District. 4 The Tahsildar, Thallur Mandal, Prakasam District. ( 1 to 4 by RPAD) 5.2 CCs to the G.P. for Revenue (Andhra and Rayalaseema Areas) High court of A.P.Hyderabad. (O.UT) 6.One C.C.to Sri Venkata Rangadas Kanuri Advocate (OPUC) 7.one spare copy.
bsr
HIGH COURT RR.J DATED 27-08-2011 POST AFTER TWO WEEKS FOR THE COUNTER AFFIDAVIT OF THE RESPONDENTS.
ORDER
W.P.NO. 23395 OF 2011
DIRECTION Bsr Dt. 30-8-2011 HIGH COURT RR.J DATED 27-08-2011 POST AFTER TWO WEEKS FOR THE COUNTER AFFIDAVIT OF THE RESPONDENTS.
ORDER
W.P.NO. 23395 OF 2011 DIRECTION