N Srinivas vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Extension Of Interim Orders
Before:
Hon'ble J K Maheshwari
Listed On:
1 Oct 2020
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) Q.
THURSDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY : PRESENT:
THE HON'BLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWI WRIT PETITION NO: 9001 OF 2020
Between:
N Srinivas, S/o Tataiah Age 45 Address R/o. Nallajerla village and Mandal, West Godavari District.
...Petitioner
AND
AND
-
- The State of Andhra Pradesh, Rep. By its principle Secretary (Forest Department), Secretariat, Velagapudi, Amaravathi, Guntur District
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- The Managing Director Andhra Pradesh, Forest Development Corporation Ltd Viiavawada
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- The Regional Manager, Andhra Pradesh Forest Development Corporation Ltd., Raiahmundry
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- The Divisional Manager, Andhra Pradesh Forest Development Corporation Ltd., Divisional Office, besides TTD Kalyanamandapam, Eluru, West Godavari 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in cancellation of petitioner tender vide proceedings in Ref.No. 1.9.08/CUS/81 p padu/2020, dated 07.05.2020 for collection of the cashew usufruct from 1981 CP Pullalapadu (146-13Hectors), forfeiting his tender amount in favour of APFDC Ltd., and proceeding further for recovery of loss of amount to the corporation inspite of covid-19 lockdown as illegal, irregular, arbitrary, violative of the Covid-19 lockdown guidelines and also the orders passed by the Hon'ble High Court in taken-up Writ in W.P.No. 8130 of 2020 Dt 26.03.2020 and also offends Articles 14, 19 $(1)(g)$ , and 21 of the Constitution of India and consequently allow the petitioner to collect the Cashew Usufruct from 1981 CP Pullalapadu (146-13Hectors) for the next season i.e., from the November 2020 to July 2021 by duly set aside the tender cancellation order Ref.No. 1.9.08/CUS/81 p padu/2020, dated 07.05.2020 or direct the respondents to return the earnest amount of Rs.6,00,000/- with interest paid by the petitioner pursuant to the auction proceeding;
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4th Respondent not to take coercive steps including recovery of loss amount as per the tender notifications Ref. 1375/2019/CS/981 Dt: 30.11.2019 by duly suspending the cancellation order in proceedings Ref.No. 1.9.08/CUS/81 p padu/2020, dt. 07.05.2020, pending disposal of WP 9001 of 2020, 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 Order of the High Court Dated 21.05.2020 made upon hearing the arguments of Mangena Sree Rama Rao, Advocate for the Petitioner, GP for Forests Advocate for the Respondents and the Court made the following. ORDER:
(Through Video Conferencing)
"Heard learned counsel for the parties.
Interim order passed earlier shall remain in operation until further orders.
Immediately on resumption of physical hearing, the case be listed for further orders." Sd/- R.Karthikeyan
//TRUE COPY//
ASSISTANT REGISTRAR KBPC For ASSISTANT REGISTRAR
To, One CC to Sri. Mangena Sree Rama Rao, Advocate [OPUC] Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] One spare copy.
$\mathbf{M}\mathbf{S}\mathbf{B}$
HIGH COURT
HCJ
DATED: 01.10.2020
ORDER
WP.No.9001 of 2020
EXTENSION OF INTERIM DIRECTION
$\overline{963}$