IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA T

MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY

:PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY/"

WRIT PETITION NO: 2202 OF 2020

Between:

• 1. B SURESH, S/o.Venkataramudu, Age. 38 years, Occ: Cultivation, R/o.Bandlapalli Village, Kothacheruvu Mandal, Anantapur, Anantapur District.
• 2. B.lt/anohar, S/o.Venkataramudu, Age. 36 years, Occ. Cultivation, Rlo.Bandlapalli Village, Kothacheruvu [/landal, Anantapur, Anantapur District.

. . . Petitioners

,| ri

• AND 1, THE STATE OF AP, Rep. by its,Prl. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh
  • 2. The District Collector, Anantapuramu, Anantapuramu District.
  • 3. The Tahsildar, Kothacheruvu Mandal, Kothacheruvu, Anantapuramu District.
  • 4. The Mandal Surveyor, Kothacheruvu [Vlandal, Kothacheruvu, Anantapuramu District.
  • 5. S.[/unwar Basha, S/o.S.Anwar Basha, Age, 40 years, Rlo.Bandlapalli Village, Kothacheruvu [Vlandal, Anantapur, Anantapur District.
  • 6. Desamuk Mahaboob Basha, , S/o.Late Nabi Sab, Age. 68 years, RJo.Bandlapalli Village, Kothacheruvu Mandal, Anantapur, Anantapur District

. .. Respondents

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 and 4 in taking steps to construct compound wall to the burial ground in Sy.No.266 total extent of Ac. 1.79 cents of Bandlapalli Village, Kothacheruvu Mandal, Anantapur District at the instance of the respondents 5 and 6 and closing the road as illegal, arbitrary and in violation of Principles of Natural justice and in violation of Art.14 of the Constitution of lndia and consequently direct the respondents 3 and 4 not to close the road existing in Sy.No.266 of Bandlapalli Village, Kothacheruvu Mandal, Anantapur District in the interest of justice lA NO: 1 OF 2020

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 3 and 4 not to close the road existing in Sy.No.266 of Bandlapalli Village, Kothacheruvu lVlandal, Anantapur District in the interest of justice, Pending disposal of WP 2202 of 2020, on the file of the High Court.

The petition/Appeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof upon hearing the arguments of Sri. S D GOWD Advocate for the Petitioners, GP FOR REVENUE for the Respondents and the Court made the following.

ORDER:

i

"Post on 30.03.2020.

ln the meanwhile, respondents are directed not to raise any construction in the land in Sy. No. 266 in an extent of Ac. 1.79 cents of Bandlapalli Village, Kothacheruvu Mandal, Ananthapur District since the same is classified as "burial ground" as per 1-B Namoona produced before this court'"

sD/- K.;TINKAIATT ASSIS.i.ANI.R ISTRr\R M

//TRUE COPY/i

FoT ASSISTANT REGISTRAR

To,

i

• 1 THE Prl. Secretary, Revenue Department, State Of AP, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh (by RPAD)
• 2. The District Collector, Anantapuramu, Anantapuramu District. (by RPAD)
• 3. The Tahsildar, Kothacheruvu Mandal, Kothacheruvu, Anantapuramu Diskict. (by RPAD)
• 4. The Mandal Surveyor, Kothacheruvu Mandal, Kothacheruvu, Anantapuramu District. (by RPAD)
• 5. S.Munwar Basha, S/o.S.Anwar Basha, Age. 40 years, Rlo.Bandlapalli Village, Kothacheruvu Mandal, Anantapur, Anantapur District. (by RPAD)
• 6. Desamuk Mahaboob Basha, , S/o.Late Nabi Sab, Age. 68 years, RJo.Bandlapalli Village, Kothacheruvu Mandal, Anantapur, Anantapur District (by RPAD)
• 7. One CC to SRl. S D GOWD Advocate [OPUC]
• 8. Two CCs to GP FOR REVENUE (AP) High Court Of Andhra Pradesh. [OUT]
• 9. One spare copy.

RJV

HIGH COURT

MSMJ

DATED:23/03/2020

ORDER

WP.No.2202 of 2020

DIRECTION