Disposed

Komara Babu Rao v. The State of Andhra Pradesh

Andhra Pradesh HC10 Aug 2020WP/12125/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging unauthorized proceedings to demolish a house. It directed authorities to conduct a proper enquiry under the Andhra Pradesh Survey and Boundaries Act with an opportunity of hearing while maintaining status quo.

What did the court decide?

Direction to respondents to proceed with enquiry under Section 10(1) of the Act after giving opportunity of hearing and to maintain status quo.

Komara Babu Rao Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.12125 OF 2020

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ORDER :

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Heard the learned counsel for the petitioner and Sri P.Subhash, learned Government Pleader for Revenue for respondents 1 to 4, Sri I.Koti Reddy, learned Standing Counsel for respondent No.5 and the learned Government Pleader for School Education for respondent No.6.

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According to the petitioner, he is permanent resident of Boila Kintada Village, Devarapalli Mandal, Visakhapatnam District, and his father had taken a rice mill for lease on 12.10.1967 and was managing the same till his demise in the year 2004, and thereafter the petitioner started managing the rice mill. It is further stated that in the year 1982, father of the petitioner purchased an extent of Ac.0.15 cents of land in survey No.105/2/H and thereafter, the rice mill was shifted to the existing place which is abutting Chodavaram to Devarapalli road. According to the petitioner, a four portioned house was constructed by his father in the year 1986 and all his brothers with their families are residing in the house along with him, and that the boundary wall between the M.P.P. School and his house was also constructed in the year 1986. It is contended by the

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learned counsel for the petitioner that the authorities are trying to demolish the petitioner’s house situated in survey No.105/2/H without recourse to law.

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When the matter is taken up, it is submitted by Sri P.Subhash, learned Government Pleader for Revenue appearing for respondents 1 to 4, on instructions, that on the letter addressed by the Head Master of the School on 05.06.2020, proceedings under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 were initiated by issuing a notice under Section 10 (1) of the Act, and in response to the same, the petitioner herein approached the respondents and submitted a sale deed. He further submitted that further action would be taken after holding enquiry under the provisions of the Act after giving opportunity of hearing to the petitioner also along with others. Recording the said submission, the Writ Petition is disposed of, directing the respondents herein to proceed further with the enquiry and complete the same as expeditiously as possible, after giving opportunity of hearing to the petitioners. Till the said exercise is completed, status quo as on today with regard to the subject property shall be maintained. No order as to costs of the Writ Petition.

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Miscellaneous Petitions pending, if any, in the Writ Petition shall stand closed.

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__________________ A.V.SESHA SAI, J

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10.08.2020 DRK

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THE HON'BLE SRI JUSTICE A.V.SESHA SAI

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WRIT PETITION No.12125 OF 2020

10.08.2020

DRK

Komara Babu Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Komara Babu Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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