Prabhavathi vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble D.V.S.S.Somayajulu
Case Status:Unknown Status
Order Date:19 Jan 2022
CNR:APHC010017392022

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble D.V.S.S.Somayajulu

Listed On:

19 Jan 2022

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Order Text

$[2692]$

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE NINETEENTH DAY OF JANUARY, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJU WRIT PETITION NO: 1248 OF 2022

Between:

Prabhavathi, W/o Nagaiah, Hindu, Major, R/o Chinna Vepanjery Village, Gangadhara Nellore Mandal, Chittoor District.

...Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District.
    1. The District Collector, Chittoor District, Chittoor.
    1. The Revenue Divisional Officer, Chittoor, Chittoor District.
    1. The Tahsildar, Gangadhara Nellore Mandal, Chittoor District.
    1. The Secretary, Grama Panchayat, Chinna Vepanjery Village, Gangadhara Nellore Mandal. Chittoor District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ, Order or direction more particularly one in nature of WRIT OF MANDAMUS declaring the action of the Respondents 4 and 5 in trying to dispossess the Petitioner from her property for an Ac.0-35 cents of land situated in Survey No.88/3, Ac.1-63 cents of land situated in Survey No.125/3 and Ac.0-60 cents of land situated in Survey No.125/5 of Chinna Vepanjery Village, Gangadhara Nellore Mandal, Chittoor District, is illegal, arbitrary, unconstitutional, violative of fundamental rights, property right as guaranteed under the Constitution, principles of natural justice, due process of law and consequently direct the Respondents 4 and 5 not to interfere with the Petitioner's possession and enjoyment of her property for an Ac.0-35 cents of land situated in Survey No.88/3, Ac.1-63 cents of land situated in Survey No.125/3 and Ac.O-60 cents of land situated in Survey No.125/5 of Chinna Vepanjery Village, Gangadhara Nellore Mandal, Chittoor District without following due proces of law.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 4 and 5 not to interfere with the Petitioner's possession and enjoyment of her property for an Ac.0-35 cents of land situated in Survey No.88/3, Ac.1-63 cents of land situated in Survey No.125/3 and Ac.0-60 cents of land situated in Survey No.125/5 of Chinna Vepanjery Village, Gangadhara Nellore Mandal, Chittoor District without following due process of law, pending disposal of WP.No.1248 of 2022, 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 G.Ramachandra Reddy, Advocate for the Petitioner and GP for Revenue for the Respondent Nos.1 to 4 and GP for Grama Panchayat for the Respondent No.5, the Court made the following.

ORDER:

"Government Pleader seeks time to get instructions.

In view of the clear averments in the writ affidavit and the revenue records filed, the existing status quo with regard to petitioner's possession should be protected till 27.01.2022.

List on 27.01.2022 in motion list."

$\Lambda$ SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR

SECTION OFFICER FOR THE OUT TANK

//TRUE COPY//

To,

    1. The Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.
    1. The District Collector, Chittoor District, Chittoor.
    1. The Revenue Divisional Officer, Chittoor, Chittoor District.
    1. The Tahsildar, Gangadhara Nellore Mandal, Chittoor District.
    1. The Secretary, Grama Panchayat, Chinna Vepanjery Village, Gangadhara Nellore Mandal, Chittoor District. (Addresses 1 to 5 by RPAD)
    1. One CC to Sri. G.Ramachandra Reddy, Advocate [OPUC]
    1. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]8. Two CCs to GP for Grama Panchayat, High court of AP [OUT]
    1. One spare copy

$MM$

HIGH COURT

DVSSJ

DATED:19/01/2022

NOTE: LIST ON 27.01.2022 IN MOTION LIST

ORDER

WP.No.1248 of 2022

STATUS QUO