Disposed

Naga Somulu, v. The State of Andhra Pradesh

Andhra Pradesh HC13 Sept 2021WA/285/2020

Case brief

AI extract

What is this about?

Single Judge disposed of the Writ Petition without granting relief as the resumption order had already been passed. On conditional appeal withdrawal, the Writ Appeal is disposed of, status quo vacated, and liberty granted to challenge the resumption order.

What did the court decide?

Permission to withdraw writ appeal; writ appeal disposed; status quo vacated; liberty granted to challenge resumption order dated 17.09.2019.

Naga Somulu, Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2021)

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE

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HON’BLE MR. JUSTICE NINALA JAYASURYA

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WRIT APPEAL No.285 of 2020

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(Through video conferencing)

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Naga Somulu, S/o Mallaiah, Aged about 45 years, Occ: Agriculture, R/o Vattigudipadu Village, Nuziveedu Revenue Division, Krishna District, Andhra Pradesh.

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...Appellant

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Versus

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue/ Assignment Department, Secretariat Buildings, Amaravathi, Guntur District and others.

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…Respondents

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Counsel for the appellant : Mr. K.V. Rajendra Prasad

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Counsel for the respondents : Government Pleader for Revenue.

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JUDGMENT (ORAL)

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Dt:13.09.2021

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(per Arup Kumar Goswami, CJ)

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Heard Mr. K.V. Rajendra Prasad, learned counsel for the appellant.

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Also heard Mr. P. Subash, learned Government Pleader for Revenue appearing for the respondents.

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Challenge in this writ appeal is to an order dated 10.07.2020 passed by learned single Judge in W.P.No.11224 of 2020, whereby it was observed as follows:

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“4. Learned Assistant Government Pleader for Revenue appearing for the respondents submits that in this case, the resumption order was already passed by respondent No.4 on 17.9.2019 with respect to the subject land.

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In view of the same, this Court cannot consider this writ petition and no relief can be granted at this juncture. However, it is open for the petitioner to question the said resumption order of respondent No.4 dated 17.9.2019, if so advised.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.”

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Mr. K.V. Rajendra Prasad, learned counsel for the appellant, submits that he may be permitted to withdraw this writ appeal in order to enable the appellant to challenge the resumption order as observed by the learned single Judge.

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In view of the above, permission is accorded as prayed for and the writ appeal is disposed of on withdrawal granting liberty to the appellant to challenge the resumption order of respondent No.4, dated 17.09.2019, if so advised. Status quo granted by this Court vide order dated 01.09.2020 shall stand vacated. No order as to costs. All pending miscellaneous applications, if any, shall stand closed.

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ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J Nn

Naga Somulu, v. The State of Andhra Pradesh

Case brief

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Naga Somulu, v. The State of Andhra Pradesh

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