High Court for State of TelanganaWP/18055/2015disposed of no costs

Pulivarthi Estheramma, v. The State Of Andhra Pradesh

2017-06-16S.V.Bhatt5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY SECOND DAY OF JUNE, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO: 18055 of 2015 Between:

1 Pulivarthi Estheramma, W/o. Nageshwara Rao, 2 Aramandla Bullemma, W/o. Late Nasaramu, 3 Nadikoti Paanakaalu, S/o. Yedukondalu, 4 Manukonda Rambabu, S/o. Late Hanumaiah, ..... Petitioners AND 1 The State of Andhra Pradesh, Rep. by it's Prl. Secretary, Department of Revenue, Secretariat Buildings, Hyderabad.

2 The District Collector, Guntur District. 3 The Revenue Divisional Officer, Tenali Division, Tenali, Guntur District. 4 The Tahasildar, Chebrolu Mandal, Guntur District. 5 The Godavarru Gram Panchayat, Rep. by its Secretary, Godavarru village, Chebrolu Mandal, Guntur District.

6 Aramalla Yesumma W/o Mukkanti, Occ: Sarpanch, Godavarru village and post, Chebrolu Mandal, Guntur District.

7 Vippadapu Rama Rao S/o Naraiah, Occ: Upa Sarpanch, Godavarru village and post, Chebrolu Mandal, Guntur District. 8 Manukonda Vasanth Rao S/o Anjaneyulu, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District. 9 Aiymalli Rajeshwari, W/o Yesubabu, Occ: Panchayat Ward Member Godavarru village and post, Chebrolu Mandal, Guntur District. 10 Athota Esodha W/o Balaiah, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District 11 Manikyala Govindamma W/o Koteshwara Rao, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District. 12 Konda Brolu Siva RamaKrishna Murthy, S/o Anjaiah, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District.

13 Kathula Venkateshwara rao, S/o Hanumanth Rao, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District 14 Tadiboyina Srinu, S/o Bhusaiah, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District. 15 Shaik Dada Saheb, S/o Peda Baji, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur 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, declaring the action of the Respondents in trying to interfere unlawfully with the physical possession of the Petitioners and excavating the land of the Petitioners to an extent of Ac.00.69 Cents, Ac.01.06

Cents, Ac.00.29 Cents and Ac.00.30 Cents respectively in survey No.190/4, 190/3, 190/2 and 190/5, situate at Godavarru village, Chebrolu Mandal, Guntur District, Andhra Pradesh, without issuing any notice and without following any procedure contemplated under the A.P. Assigned lands, (Prohibition of Transfers) Act 1977 as illegal, improper, arbitrary and violating Article 21 and 300 A of the Constitution of India and it is further consequentially prayed that this Hon'ble Court direct the Respondents to desist themselves from their move to excavate and sell away the soil from out of the said lands of the Petitioners, destroying and dispossessing the said lands of the Petitioners. WPMP.NO: 23338 of 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P.

, the High Court may be pleased to direct the respondents not to interfere with the physical possession of the lands of the petitioners admeasuring Ac.00.69 cents in Survey No.190/4 situate at Godavarru Village, Chebrolu Mandal, Guntur District. In the same area the 2nd petitioner has a bit of Dry land admeasuring Ac.01.06 cents in Survey No.190/3 and in the same area the 3rd petitioner has a bit of Dry land admeasuring Ac.00.29 cents in Survey No.190/2 and in the same area the 4th Petitioner has bit of Dry Land Admeasuring Ac.00.30 Cents in Survey No.190/5, pending disposal of WP No.18055 of 2015 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 Sri S.R. Sanku, Advocate for the Petitioners and the learned G.P.

for Revenue (AP) for Respondent Nos.

List along with W.P.No.14322/15 after two weeks. Meanwhile, learned Govt. Pleader for Revenue to get instructions. The order of status-quo as was granted in the aforesaid Writ Petition on 07/5/15 is also deserves to be passed in the present writ petition. Hence, status-quo existing as on today shall be maintained by both the parties.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat Buildings, Hyderabad.

2 The District Collector, Guntur District. 3 The Revenue Divisional Officer, Tenali Division, Tenali, Guntur District. 4 The Tahasildar, Chebrolu Mandal, Guntur District. 5 The Secretary, Godavarru Gram Panchayat, Godavarru village, Chebrolu Mandal, Guntur District.

6 Aramalla Yesumma W/o Mukkanti, Occ: Sarpanch, Godavarru village and post, Chebrolu Mandal, Guntur District.

7 Vippadapu Rama Rao S/o Naraiah, Occ: Upa Sarpanch, Godavarru

village and post, Chebrolu Mandal, Guntur District. 8 Manukonda Vasanth Rao S/o Anjaneyulu, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District. 9 Aiymalli Rajeshwari, W/o Yesubabu, Occ: Panchayat Ward Member Godavarru village and post, Chebrolu Mandal, Guntur District. 10 Athota Esodha W/o Balaiah, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District 11 Manikyala Govindamma W/o Koteshwara Rao, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District. 12 Konda Brolu Siva RamaKrishna Murthy, S/o Anjaiah, Occ: Panchayat Ward Member, Godavarru village and post, Chebrolu Mandal, Guntur District.

nnr HIGH COURT VVA,J DATED: 22-6-2015 NOTE: List along with WP No.14322/15 after two weeks

ORDER

W.P.NO. 18055 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 24-06-2015 VVA,J DATED: 22-6-2015

NOTE: List along with WP No.14322/15 after two weeks

ORDER

W.P.NO. 18055 OF 2015 DIRECTION