Writ petition challenging eviction order and notice challenged under mandate to provide liberty for petitioner to file statutory appeal under the Requisitioning and Acquisition of Immovable Property Act.
Petitioners granted liberty to file appropriate appeal/revision; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
Writ Petition No.16043 of 2021
ORDER:
This petition under Article 226 of the Constitution of India is filed seeking the following relief:-
“ to issue the Writ, order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 5th respondent without giving any findings on the submissions of the petitioners, passed common orders in R.C.B1.1865/2019 dated 25.01.2021 and subsequently issuing notice by the 6th respondent dated 25.01.2021 vide R.C.B.No.335/2019 under Section 7 of the Madras Act No 3 of 1905, to evict the petitioners from their possession land to an extent of Ac. 02-81 cents of the 1st petitioner, Ac.03-64 cents of the 2nd petitioner, Ac.03-38 cents of the 3rd petitioner, Ac.03-32 cents of the 4th petitioner, Ac.01-40 cents of the 5th petitioner, Ac.01-28 cents of the 6th petitioner, Ac.03-46 cents of the 7th petitioner and Ac. 01-19 cents of the 8th petitioner in Survey No 426-1 of Yakasiri Village, Chittamur Mandal, SPSR Nellore District as illegal arbitrary and against the principles of natural justice and consequently set aside the order dated 25.01.2021 in RC.B1.1865/2019 of the Respondent No 5 and Notice dated 06.07.2021 vide RC.B.No 335/2019 under Section 7 of the Madras Act No 3 of 1905 of the respondent No.6 .”
25.01.2021, statutory appeal can be preferred within 30 days from the date of receipt of copy of that order. The order of the 5th respondent has been received by the petitioners in the month of February 2021. Thereafter, the petitioners came to know that the appellate authority i.e., Hon’ble Chief Commissioner of Land
2
Administration, Government of Andhra Pradesh, Vijayawada, were not functioning due to Covid. When the petitioners prefer to file an appeal against the order of Respondent No.5, the Respondent No.6 has issued notice dated 06.07.2021, vide RC.B.No.335/2019 directing them to vacate the possession of the subject land on or before 20.07.2021. Aggrieved by the same, the present Writ Petition is filed.
per the principle laid down in Rahmatullah Khan and Anr Vs.Government of Andhra Pradesh and Ors1 , the petitioners are given liberty to file an appropriate appeal/revision under the statute. No costs.
-_______________________________________ JUSTICE M. SATYANARAYANA MURTHY
Dated .05.08.2021 tm
1 2014(2) Andh LD 272
3
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
Writ Petition No.16043 of 2021
Date: 05-08-2021
tm
2 issues framed by the court
Whether statutory remedy is available against the eviction order and notice.
Whether to exercise jurisdiction in writ proceedings despite availability of statutory appeal.
Colour shows how this judgement treated each authority
Rahmatullah Khan and Anr Vs. Government of Andhra Pradesh and OrsApplied¶13
Rahmatullah Khan and Anr Vs. Goverment of Andhra Pradesh and Ors, 2014(2) Andh LD 272
2 provisions across 2 enactments
Petitioners
5th Respondent
6th Respondent
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
