N Satish vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Venuthurumalli Gopala Krishna Rao
Case Status:Unknown Status
Order Date:1 Jul 2024
CNR:APHC010194722024

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Order Issued After Hearing

Purpose:

Admission (Endowments)

Before:

Hon'ble Ninala Jayasurya

Listed On:

1 Jul 2024

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Order Text

$[3332]$

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FOUR :PRESENT: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

Between:

N Satish, S/o Muni Krishna Reddy, Aged about 31 Years, R/o H.No.2-171/A, Narada Kalva, Patha Kalva, Tirupati Rural Mandal, Tirupati District ..... Petitioner

AND

WRIT PETITION NO: 10178 OF 2024

    1. The State of Andhra Pradesh, rep., by its Special Chief Secretary to Government (Endowments), Revenue Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District.
    1. Tirumala Tirupati Devasthanams, rep., by its Executive Officer, Tirupati.
    1. The District Collector, Tirupati District, Tirupati.
    1. The Tahsildar, Tirupati Rural Mandal, Tirupati, Tirupati District

.... Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Mandamus declaring the action of the Respondents, in particular Respondent with the help of 4<sup>th</sup> Respondent in trying to dispossess and $2<sup>nd</sup>$ trying to interfere with the possession and enjoyment of the petitioners land in Sy.No.323 to an extent of Ac.6-80 Cts in 57 Mallavaram Village, Tirupati Rural Mandal, Tirupati District, with an intention to lay pipe line through the petitioners land without issuing any notice and without following the due process of law, as arbitrary, illegal, in violation of Article 14, 21 and 300A of the Constitution of India, and consequently direct the Respondents not to

interfere with the possession and enjoyment of the petitioner land in Sy. No. 323 to an extent of Ac. 6-80 Cts in 57 Mallavaram Village, Tirupati Rural Mandal, Tirupati District without following the due process of law.

IA NO: 1 OF 2024

Petition under Section 151 CPC is filed 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 not to interfere with the possession and enjoyment of the petitioner land in Sy.No.323 to an extent of Ac. 6-80 Cts in 57 Mallavaram Village, Tirupati Rural Mandal, Tirupati District without following the due process of law, Pending disposal of WP 10178 of 2024, 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 SUBBA RAO KORRAPATI Advocate for the Petitioner, GP FOR ENDOWMENTS for respondent no.1, Sri Chidambara Satry Standing Counsel for respondent no.2, GP FOR REVENUE for Respondent Nos.3 & 4, and the Court made the following.

ORDER

"Sri Chidambara Sastry, learned Standing Counsel appeared online and submitted that he received written instructions from the revenue authorities to the effect that they are not laying any road or pipeline in the petitioners land and sought time till day after tomorrow for placing the written instructions on record. He further submitted that the subject land was allotted to the Tirumala Tirupati Devasthanams (TTD) by the revenue authorities but as on today no document has been placed before this Court regarding the same.

On the other hand, learned counsel submitted that there is a serious threat of dispossession and prayed to protect the interest of the petitioner by granting interim order.

Though sufficient time of two months was granted, the written instructions are not placed on record. In view of the same, this Court is inclined to pass the following order:

The respondent authorities are directed not to interfere with the petitioner's property in Sy.No.323 to an extent of Ac.6.80 cents in 57 Mallavaram Village, Tirupati Rural Mandal, Tirupati District, except under due process of law.

Post on 15.07.2024."

Sd/-K.SRINIVASA RAJU ASSISTANT REGISTRAR

I/TRUE COPYII

SECTION OFFICER

To,

    1. The Special Chief Secretary to Government (Endowments), State Of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District.
    1. The Executive Officer, Tirumala Tirupati Devasthanams, Tirupati.
    1. The District Collector, Tirupati District, Tirupati.
    1. The Tahsildar, Tirupati Rural Mandal, Tirupati, Tirupati District (1 to 4 by RPAD)
    1. One CC to SRI. SUBBA RAO KORRAPATI Advocate [OPUC]
    1. One CC to Sri Chidambara Sastry, Standing Counsel [OPUC]
    1. Two CCs to GP FOR ENDOWMENTS, High Court Of Andhra Pradesh. [OUT]
    1. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh.[OUT]
    1. One spare copy

Stanner

ksr

HIGH COURT

RC, J

DATED:01/07/2024

Post on 15.07.2024

ORDER

$\frac{1}{2}$

d

WP.No.10178 of 2024

DIRECTION

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