P Gangaiah vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Extension Of Interim Orders
Before:
Hon'ble Ninala Jayasurya
Listed On:
18 Sept 2020
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 19235 OF 2019
Between:
P Gangaiah, S/o Pedda Chenchaiah, aged about 64 Years, R/o Nakkala Dinne Village, Chapadu Mandal, YSR Kadapa District
Petitioner
AND
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- The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati Capital City, Guntur District.
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- The District Collector, YSR Kadapa District, Kadapa.
- Jammalamadugu Revenue Division. Revenue Divisional Officer. $3.$ The Jammalamadugu, YSR Kadapa District.
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- The Tahsildar, Chapadu Mandal, Chapadu, YSR Kadapa 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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the petitioner from the agricultural lands in Sy.No.199-1B to an extent of Ac.4.00 Cents in Nakkaladinne Village, Chapadu Mandal, YSR Kadapa District, though the D Patta granted on 31-12-1974 to the petitioner's father is in vouge and without following due process of law and erecting sign board saying that the land belongs to Government and Trespassers will be prosecuted, as arbitrary, illegal, in violation of Articles 14 and 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the possession and enjoyment of the land in Sy.No.199-1B to an extent of Ac.4-00 Cts in Nakkala Dinne Village, Chapadu Mandal, YSR Kadapa District;
IA NO: 1 OF 2019
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 Respondents not to interfere with the agricultural operations of the Petitioner in Sy.No.199-1B to an extent of Ac.4-00 Cts in Nakkaladinne Village, Chapadu Mandal, YSR Kadapa District pending disposal of WP.No.19235 of 2019, 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 the order of the High Court dated 29/11/2019 & 14.02.2020 made herein and upon hearing the arguments of Sri Subba Rao Korrapati Advocate for the Petitioner, Assistant GP for Revenue for the Respondent No.1 to 4, the Court made the following.
ORDER:
Interim order granted on the earlier occasion is extended by four (4) weeks.
The learned Assistant Government Pleader for Revenue submits that the counter-affidavit has been filed which is on record. However, the additional counter-affidavit stated to have been filed is not on record.
Office is directed to put up the additional counter-affidavit along with record.
In view of the urgency expressed by the learned Assistant Government Pleader, list on 28.09.2020.
In the mean while, the reply-affidavit, if any, may be filed.
Office is directed to delete the matter from the caption of 'extension of interim orders.'
//TRUE COPY//
SD/-G.SRINIVASA REDDY ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
To,
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One CC to Sri.Subba Rao Korrapati Advocate [OPUC]
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The Section Officer, Posting Section, High Court of A.P.
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Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
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One spare copy
SRL
HIGH COURT
NJSJ
DATED:18.09.2020
NOTE: LIST ON 28.09.2020
ORDER
WP.No.19235 of 2019
INTERIM ORDER EXTENDED