IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 22069 OF 2020

Between:

Ediga Sekhar Goud, S/o. Late Seshanna Goud.

.... Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by its Principle Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The State of Andhra Pradesh, Rep. by its Principle Secretary Department of Mines and Geology, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 3. The District Collector, Kurnool District.
• 4. The Sub Collector, Nandyal, Kurnool District.
• 5. The Assistant Director of Mines and Geology, Banaganapalle, Kurnool District.
• 6. The Tahsildar, Owk mandal, Kurnool District.
• 7. Smt. G. Kamalamma, W/o.G.Sunkanna, aged about not known. Occ.House wife. Resident of H.No.3-163-5, Main road, Kolimigundla village and mandal, Kurnool 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents 6 and 7 in trying to evict the petitioner highhandedly from the property admeasuring an extent of Ac.5.00 cents in Sy.No.325/2B, situated in Sunkesula Village, Owk Mandal, Kurnool District (bounded by East Boya Yangamma land, West Ediga Veera Gound land, North Kaaluva (canal) and South Ediga Pakkiraiah land) in the name of grant of mining lease in favour of 7th respondent herein which is subject matter of grant of D-Form patta in favour of mother of the petitioner vide R.Dis.No.183/DAR/87, dated 10-06-1978 is illegal, arbitrary, highhanded and violation of Article 14, 19, 21 and 300-A of Constitution of India and also principles of natural justice and consequently direct the respondents 6 and 7 not to dispossess the petitioner from his property admeasuring an extent of Ac.5.00 cents in Sy.No.325/2B, situated in Sunkesula village, Owk Mandal, Kurnool District (bounded by East Boya Yangamma land, West Ediga Veera Gound land, North Kaaluva (canal) and South Ediga Pakkiraiah land).

IA 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 6 and 7 not to dispossess the petitioner from his property admeasuring an extent of Ac.5.00 cents in Sy.No.325/2B, situated in Sunkesula village, Owk Mandal, Kurnool District (bounded by East: Boya Yangamma land, West: Ediga Veera Gound land, North: Kaaluva (canal) and South: Ediga Pakkiraiah land), Pending disposal of WP 22069 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 upon hearing the arguments of Sri Vutupalli Rajanna Advocate for the Petitioner, and of GP for Revenue for the Respondent Nos. 1,3,4, and 7 and of GP for Mines and Geology for Respondent Nos.2 and 5, the Court made the following.

ORDER:

"Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, who seeks time for securing instructions in the matter.

However, considering the submissions made that the petitioner is sought to be dispossessed from the subject matter property without following due process of law, there shall be interim direction to the official respondents not to dispossess the petitioner from the subject matter property without following due process of law. $\Lambda$

List the matter after three weeks."

//TRUE COPY//

To

1. The Principle Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi, State of Andhra Pradesh, Guntur District.

Sd/-K.TataRao

ASSISTANT REGISTRAR

SECTION OFFICER

• 2. The State of Andhra Pradesh, Rep. by its Principle Secretary Department of Mines and Geology, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 3. The District Collector, Kurnool District.
• 4. The Sub Collector, Nandyal, Kurnool District.
• 5. The Assistant Director of Mines and Geology, Banaganapalle, Kurnool District.
• 6. The Tahsildar, Owk mandal, Kurnool District.
• 7. Smt. G. Kamalamma, W/o.G.Sunkanna, Resident of H.No.3-163-5, Main Road, Kolimigundla Village and Mandal, Kurnool District(RR 1 to 7 by RPAD)
• 8. One CC to Sri. Vutupalli Rajanna Advocate [OPUC]
• 9. Two CCs to GP for Revenue (AP), High Court Of Andhra Pradesh. [OUT]
• 10. Two CCs to GP for Mines and Geology, High Court Of Andhra Pradesh. [OUT] 11. One spare copy

$pr$

HIGH COURT

NJSJ

DATED:27/01/2021

$\overline{A}$

NOTE: LIST THE MATTER THREE WEEKS.

ORDER

WP.No.22069 of 2020

DIRECTION