Devarapalli Rukrninamma, v. The State Of Andhra Pradesh,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE SEVENTH DAY OF MAY, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: A.RAJASHEKER REDDY WP .NO:14322 of 2015 Between:
1. Devarapalli Rukminamma, W/o Subba Reddy,
2. Devarapalli Ranga Reddy, S/o Venkat Reddy, ..... Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Guntur District, Guntur.
3. The Revenue Divisional Officer, Tenali, Guntur District.
4. The Tahasildar, Chebrolu Mandal, Guntur, Guntur District.
5. The Godavaru Gram Panchayat Rep. by its Secretary, Godavaru Village, Chebrole Mandal, Guntur District.
6. Arumalla Mukkoti, S/o Nallaih, Godavaru Village, Chebrole 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th and 5th 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 1.74 cents in Survey No. 216/3 in Godavaru Village, Chebrole Mandal,Guntur District and also trying to convert the land into cheruvu under the guise of Neeru and Chettu programme without issuing any notice or without following the procedure contemplated under the A.P Assigned Lands(Prohibition of Transfers) Act 1977 is illegal, improper, arbitrary and unconstitutional and violation of Articles 14 and 300A of the Constitution of India.
WPMP. No. 18736 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 4th and 5th respondents authorities not to interfere with the physical possession of the petitioners land to an extent of Ac 1.74 cents in Survey No. 216/3 in Godavaru Village, Chebrole Mandal,Guntur District, including excavation and conversion of land into chervuru, pending disposal of WP No. 14322 of 2015 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and upon hearing the arguments of Smt Marella Radha, Advocate for the Petitioners, GP for Revenue (AP) for Respondent Nos 1 to 4, and Sri Ravi Cheemalapati, Advocate for
Respondent No.5, the Court made the following ORDER:
Heard the learned counsel for the petitioners. Learned counsel for the petitioners states that the petitioners are in possession of the land to an extent of Ac.1-74 cents in Sy.No. 216/3 of Godavaru Village, Chebrole Mandal, Guntur District, and they were also issued pattadar passbooks and title deeds and that the respondents are trying to interfere with the possession of the petitioners, without following due process of law, and there is threat of dispossession.
..2..
In the circumstances, status quo obtaining as on today shall be maintained by both the parties.
List after six (6) weeks in the motion list.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Principal Secretary, Revenue Department, State of A.P., Secretariat, Hyderabad.
2. The District Collector, Guntur District, Guntur.
3. The Revenue Divisional Officer, Tenali, Guntur District.
4. The Tahasildar, Chebrolu Mandal, Guntur, Guntur District.
5. The Secretary, Godavaru Gram Panchayat ,Godavaru Village, Chebrole Mandal, Guntur District.
6. Arumalla Mukkoti, S/o Nallaih, Godavaru Village, Chebrole Mandal, Guntur District. (Addressee Nos 1 to 6 by RPAD)
7. Two CCs to GP for Revenue (AP), High Court, Hyderabad (OUT)
8. One CC to Smt Marella Radha, Advocate (OPUC)
9. One spare copy Skm
HIGH COURT ARR,J Drafted by: skm Drafted on: 08-05-2015 DATE: 07-05-2015
NOTE: LIST AFTER SIX WEEKS IN M.L,
ORDER
WP.NO. 14322 OF 2015 STATUS QUO