Allowed

Gaju Venkateswarlu v. the State of Ap

Andhra Pradesh HC21 Feb 2023WP/1670/2023

Case brief

AI extract

What is this about?

In Special Original Jurisdiction, the Court disposed of multiple writ petitions challenging notices issued by the Tahsildar requiring documents for proposed house constructions. Finding the authorities would follow due process, the Court set aside the notices and allowed the Tahsildar to reconsider the matter.

What did the court decide?

The impugned notices of the Tahsildar dated 12.01.2023 were set aside with liberty to the third respondent to look into the matter afresh by following the due process of law.

Gaju Venkateswarlu Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

¶2

TUESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

THE HON’BLE SRI JUSTICE B KRISHNA MOHAN

¶5

WRIT PETITION NOs: 1656,1657,1659,1660,1662,1668,1670,1671,1672, 1673,1676,1678,1680 & 1691 OF 2023

¶6

WRIT PETITION NO: 1656 OF 2023

¶7

Between:

¶8

Yerragolla Ramakka, W/o. Chinna Krishaiah, Aged 75 years, R/o.D.no.7-2-97-2, Badvel Town, YSR Kadapa District.

¶9

...PETITIONER

¶10

AND

¶11

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶12

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶13

The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶14

...RESPONDENTS

¶15

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/59/2023 dated 1201-2023 issued by the respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-05 cents covered by Sy.No.1754/2\of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No. B/59/2023 dated 12-01-2023 issued by the 4*” respondent. \

¶16

lA NO: 1 OF 2023

¶17

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 suspend the notice vide reference No. B/59/2023 dated 12-01-2023 issued by the 4*’’ respondent pending writ petition in this Hon'ble court.

¶18

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶19

Counsel for the Respondents : GP FOR REVENUE

¶20

¶21

WRIT PETITION NO: 1657 OF 2023

¶22

Between:

¶23

Bayanboina Lavanya, W/o. Bayanbioina Dinesh, Aged 30 years, Occ: Housewife R/o. Vidyanagar, Badvel Town, Badvel, Kadapa District.

¶24

...PETITIONER

¶25

AND

¶26

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶27

2. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶28

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶29

...RESPONDENTS

¶30

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 Writ of Mandamus declaring the notice vide reference no. B/36/2023 dated 11-01-2023 issued by the 4*” respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.2-50 cents covered by s.no. 1757/1 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference no.B/36/2023 dated 11-01-2023 issued by the 4‘^ respondent.

¶31

lA NO: 1 OF 2023

¶32

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 suspend the notice vide reference no.B/36/2023 dated 11-01-2023 issued by the 4 respondent pending writ petition in this Hon'ble court.

¶33

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶34

Counsel for the Respondents : GP FOR REVENUE

¶35

WRIT PETITION NO: 1659 OF 2023

¶36

Between:

¶37

y®®’’®' Occ; Agriculture, R/o. Vidyanagar Badvel Town, Badvel, Kadapa District.

¶38

...PETITIONER

¶39

AND

¶40

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department{Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶41

1. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶42

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶43

...RESPONDENTS

¶44

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference no. B/40/2023 dated 11-012023 issued by the 4*” respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of 0-03 cents covered by s.no. 1757/1 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference no.B/40/2023 dated 11-01-2023 issued by the 4*” respondent.

¶45

lA NO: 1 OF 2023

¶46

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 suspend the notice vide reference no.B/40/2023 dated 11-01-2023 issued by the 4® respondent pending writ petition in this Hon'ble court.

¶47

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶48

Counsel for the Respondents : GP FOR REVENUE

¶49

WRIT PETITION NO: 1660 OF 2023

¶50

Between:

¶51

SR'S Chinnagopalaiah, Aged 55 years, R/o.Vidyanagar, Badvel Town, YSR, Kadapa, Kadapa District.

¶52

...PETITIONER

¶53

AND

¶54

1. The State of Andhra Pradesh, Rep, by its Principal Secretary, Revenue pepartment(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶55

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶56

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶57

...RESPONDENTS

¶58

¶59

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference no. B/20/2023 dated 11-012023 issued by the 4**" respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-03 cents covered by s.no. 1754/4 of Chennampalli village. Badvel Municipality by setting aside the notice vide reference no.B/20/2023 dated 11-01-2023 issued by the 4’” respondent.

¶60

lA NO: 1 OF 2023

¶61

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 suspend the notice vide reference no.B/20/2023 dated 11-01-2023 issued by the 4' respondent pending writ petition in this Hon'ble court.

¶62

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶63

Counsel for the Respondents : GP FOR REVENUE

¶64

WRIT PETITION NO: 1662 OF 2023

Between:

*» R/o Vidyanagar,

...PETITIONER

. AND '■ Andhra Pradesh, Rep., by its Principal Secretary. Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District. Andhra I rdCi6sn.

¶69

The District Collector, YSR Kadapa District. Kadapa, Andhra Pradesh DiSriS®'^®'^^^ Divisional Officer, Badvel Division, Badvel, YSR Kadapa

¶70

The Tahsildar. Badvel Mandal, YSR Kadapa District.

¶71

...RESPONDENTS

¶72

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 P*®.®®® Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference no. B/43/2023 dated 12-012023 issued by the 4 respondent is as illegal; arbitrary, highhanded and without !!!''' consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-06 cents covered by s.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference no. B/43/2023 dated 12-01-2023 issued bv the 4“’ respondent. '

¶73

lA NO: 1 OF 2023

¶74

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 suspend the notice vide reference no.B/43/2023 dated 12-01-2023 issued by the 4’” respondent pending writ petition in this Hon'ble court.

¶75

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶76

Counsel for the Respondents : GP FOR REVENUE

¶77

WRIT PETITION NO: 1668 OF 2023

¶78

Between:

¶79

Yarragolla Gopaiah, S/o.Chinna Krishnayya, Aged about 53 years, Occ; Agriculture, R/o.Vidyanagar, Badvel, YSR Kadapa District.

¶80

Yerragolla Adilakshmamma, W/o. Gopaiah, aged about 45 years R/o.Vidyanagar, Badvel, YSR Kadapa District.

¶81

...PETITIONERS

¶82

AND

¶83

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue pepartment(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶84

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District. • K

¶85

The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶86

...RESPONDENTS

¶87

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/34/2023 dated 12-01 - 2023 issued by the 4*” respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-04 cents covered by sy.no. 1755/6 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/34/2023 dated 12-01-2023 issued by the 4*’’ respondent.

¶88

lA NO: 1 OF 2023

¶89

P®***’°*^ 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 suspend the notice vide reference no.B/34/2023 dated 12-01-2023 issued by the . 4 respondent pending writ petition in this Hon'ble court.

¶90

Counsel for the Petitioners : SRI. S LAKSHMINARAYANA REDDY

¶91

Counsel for the Respondents : GP FOR REVENUE

¶92

¶93

WRIT PETITION NO: 1670 OF 2023

¶94

Between:

¶95

Gaju Venkateswarlu, S/o.Gaju Venkataiah, Aged about 47 years, Occ: Agriculture, R/o.D.No.5-85, Abbu Saheb Peta, Chinthalacheruvu, Badvel, YSR Kadapa District.

¶96

...PETITIONER

¶97

AND

¶98

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶99

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶100

The Tahsildaf, Badvel Mandal, YSR Kadapa District.

¶101

...RESPONDENTS

¶102

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/9/2023 dated 11-012023 issued by the 4**’ respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-03 cents covered by sy.no. 1755/3 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/9/2023 dated 11-01-2023 issued by the 4“’ respondent.

¶103

lA NO: 1 OF 2023

¶104

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 Suspend the notice vide reference No. B/9/2023 dated 11-01-2023 issued by the 4‘*’ respondent pending writ petition in this Hon'ble Court.

¶105

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶106

Counsel for the Respondents : GP FOR REVENUE

¶107

WRIT PETITION NO: 1671 OF 2023

¶108

Between:

¶109

Burri Raju, S/o.Chinna Gopalaiah, Aged’ about 55 years, R/o.Vidyanagar, Badvel Municipality, YSR Kadapa District.

¶110

...PETITIONER

¶111

AND

¶112

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶113

1. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶114

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶115

...RESPONDENTS

¶116

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/38/2023 dated 12-012023 issued by the 4*” respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to demolish/dispossess house constructed in an extent of Ac.0-05 cents covered by sy.no. 1757/1 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/38/2023 dated 12-01-2023 issued by the 4®’ respondent.

¶117

lA NO: 1 OF 2023

¶118

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 suspend the notice vide reference No.B/38/2023 dated 12-01-2023 issued by the 4*’’ respondent pending writ petition in this Hon'ble court.

¶119

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶120

Counsel for the Respondents : GP FOR REVENUE

¶121

WRIT PETITION NO: 1672 OF 2023

¶122

Between:

¶123

Yarragolla Subba Lakshumma, W/o. Sivaramakrishnaiah, Aged about 41 years, Occ Agriculture, R/o.Vidyanagar, Badvel Town, Badvel, Kadapa District.

¶124

...PETITIONER

¶125

AND

¶126

1. The State of Andhra Pradesh, Rep., by its Principle Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶127

1: The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶128

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶129

...RESPONDENTS

¶130

¶131

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/58/2023 dated 12-012023 issued by the 4*’’ respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-05 cents covered by sy.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/58/2023 dated 12-01-2023 issued by the 4*” respondent.

¶132

lA NO: 1 OF 2023

¶133

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 suspend the notice vide reference No. B/58/2023 dated 12-01-2023 issued by the 4*" respondent pending writ petition in this Hon'ble court.

¶134

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶135

Counsel for the Respondents : GP FOR REVENUE

¶136

WRIT PETITION NO: 1673 OF 2023

¶137

Between:

¶138

Anangi Anasuya, W/o.Naga Subbayya, Aged about 35 years, Occ: Housewife R/o.Konarajupalh Village, Altur Mandal, YSR Kadapa District

¶139

...PETITIONER

¶140

. TU O and 1. The State of Andhra Pradesh, Rep., by its Principle Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶141

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh.

¶142

The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadaoa District.

¶143

The Tahsildar, Badvel mandal, YSR Kadapa District.

¶144

...RESPONDENTS

¶145

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/44/2023 dated 12-012023 issued by the 4 respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-04 cents covered by sy.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/44/2023 dated 12-01-2023 issued by the 4*” respondent.

¶146

lA NO: 1 OF 2023

¶147

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 suspend the notice vide reference No.B/44/2023 dated 12-01-2023 issued by the 4**’ respondent pending writ petition in this Hon'ble court.

¶148

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶149

Counsel for the Respondents : GP FOR REVENUE

¶150

WRIT PETITION NO: 1676 OF 2023

¶151

Between:

¶152

A Rajasekhar, S/o.Kondaiah, Aged 46 years, R/o.H.No. 108/1 Siddhavatam Main Rao, Badvel Town, Badvel, Kadapa District.

¶153

...PETITIONER

¶154

AND

¶155

The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District. Andhra Pradesh.

¶156

The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶157

The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶158

...RESPONDENTS

¶159

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference no. B/48/2023 dated 12-012023 issued by the 4**’ respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-06 cents covered by s.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference no.B/48/2023 dated 12-01-2023 issued by the 4“* respondent.

¶160

lA NO: 1 OF 2023

¶161

Petition under Section 151 CPC praying that in the circumstances stated in

¶162

the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the notice vide reference no.B/48/2023 dated 12-01-2023 issued by the 4 respondent pending writ petition in this Hon'ble court.

¶163

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶164

Counsel for the Respondents: GP FOR REVENUE

¶165

4x»

¶166

WRIT PETITION NO: 1678 OF 2023

¶167

Between:

¶168

Yarragolla Gopala Swamy, S/o.Chinna Krishnaiah, Aged about 47 years, Occ; Agriculture, R/o.Vidyanagar, Badvel Town, Badvel, Kadapa District.

¶169

...PETITIONER

¶170

AND

¶171

1. The State of Andhra Pradesh, Rep., by its Principle Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶172

2. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶173

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶174

...RESPONDENTS

¶175

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/45/2023 dated 1201-2023 issued by the 4*” respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-03 cents covered by sy.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/45/2023 dated 12-01-2023 issued by the 4‘^ respondent.

¶176

lA NO: 1 OF 2023

¶177

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 suspend the notice vide reference No. B/45/2023 dated 12-01-2023 issued by the 4 respondent pending writ petition in this Hon'ble court.

¶178

Counsel for the Petitioner: SRI. S LAKSHMINARAYANA REDDY

¶179

Counsel for the Respondents : GP FOR REVENUE

¶180

WRIT PETITION NO: 1680 OF 2023

¶181

Between:

¶182

Rajabolu Mamta, W/o.Venkata Subba Reddy, Aged 38 years, R/o.D.No.1-20, Kamasamundaram, Konarachapalli, YSR Kadapa District.

¶183

...PETITIONER

¶184

i I

¶185

AND

¶186

1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

¶187

2. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶188

4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶189

...RESPONDENTS

¶190

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference no.B/50/2023 dated 12-012023 issued by the 4*'’ respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to interfere and demolish the RCC Building house constructed in an extent of Ac.0-06 cents covered by s.no. 1754/2 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference no.B/50/2O23 dated 12-01-2023 issued by the 4*^ respondent.

¶191

lA NO: 1 OF 2023

¶192

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 suspend the notice vide reference no.B/50/2023 dated 12-01-2023 issued by the 4*" respondent pending writ petition in this Hon'ble court.

¶193

Counsel for the Petitioner : SRI. S LAKSHMINARAYANA REDDY

¶194

Counsel for the Respondents : GP FOR REVENUE

¶195

WRIT PETITION NO: 1691 OF 2023

¶196

Between:

¶197

Bathula Lakshminarayana, S/o.Mallaiah, Aged about 45 years, R/o.Sundaraiah Colony, Badvel Municipality, YSR Kadapa District.

¶198

...PETITIONER

¶199

. n- '^ND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department(Assignment), Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.
2. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District. 4. The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶200

...RESPONDENTS

¶201

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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the notice vide reference No. B/28/2023 dated 1101-2023 issued by the 4*’’ respondent is as illegal, arbitrary, highhanded and without jurisdiction and consequently direct the respondents not to demolish /dispossess the petitioner from the schedule house covered by an extent of Ac.O03 cents covered by Sy.No. 1755/3 of Chennampalli village, Badvel Municipality by setting aside the notice vide reference No.B/28/2023 dated 11-01-2023 issued by the 4® respondent.

¶202

lA NO: 1 OF 2023

¶203

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 suspend the notice vide reference No.B/28/2023 dated 11-01-2023 issued by the 4**’ respondent pending writ petition in this Hon'ble court.

¶204

Counsel for the Petitioner: SRI. S LAKSHMINARAYANA REDDY

¶205

Counsel for the Respondents : GP FOR REVENUE

¶206

The Court made the following : COMMON ORDER

¶207

1 c

¶208

5 K

¶209

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶210

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

¶211

WRIT PETITION Nos. 1656, 1657, 1659, 1660. 1662. 1668, 1670, 1671, 1672, 1673, 1676, 1678, 1680 and 1691 of 2023

¶212

COMMON ORDER;

¶213

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents.

¶214

2. The common grievance of the petitioners in all these writ petitions is that, the 4^^* respondent/Tahsildar issued the impugned notices dated 12.01.2023 calling the petitioners for production of the documents with respect to the proposed construction of the houses in the said lands of the petitioners. The impugned notice further shows that in default of production of the said documents, the action would be taken under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Aggrieved by the same. these writ petitions are filed assailing the said notices of the 4‘h respondent/Tahsildar dated 12.01.2023. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents relying upon the written instructions of the 3«* respondent/RDO

¶215

¶216

submits that, it appears that the petitioners have purchased the subject lands from the original assignees and in the case of any action is to be initiated against the subject lands, it would be by the 3rd respondent and as such. the respondent authorities would follow the due process in respect of the subject lands without reference to the impugned notices of the 4*^ respondent dated 12.01.2023.

¶217

In view of the above said facts and circumstances, the impugned notices of the Tahsildar da;ted 12.01.2023 are hereby set aside with a liberty to the 3rd respondent to look into the matter afresh with respect to the subject lands by following the due process of law.

¶218

It is needless to mention that, the 3rd respondent shall give due opportunity to the petitioners for the proposed enquiry and taking of action as contemplated under law for the subject lands.

¶219

Accordingly, these writ petitions are disposed of. There

¶220

shall be no order as to costs.

¶221

As a sequel. Miscellaneous Petitions pending, if any.

¶222

¶223

shall stand closed. Sd/- A VIJAYABABU ASSISTANT REGISTRAR //TRUE COPY// SECTKW^OFFICER

¶224

¶225

To, 1. The Principal Secretary, Revenue Department(Assignment), State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, YSR Kadapa District, Kadapa, Andhra Pradesh. 3. The Revenue Divisional Officer, Badvel Division, Badvel, YSR Kadapa District.

¶226

The Tahsildar, Badvel Mandal, YSR Kadapa District.

¶227

One^C to Sri. S Lakshminarayana Reddy Advocate [OPUC] 6. Tvso CCs to GP for Revenue. High Court of Andhra Pradesh. [OUT]

¶228

Two CD Copies

HIGH COURT

DATED:21/02/2023

COMMON ORDER

W.P. Nos: 1656,1657,1659,1660,1662,1668,1670, 1671,1672,1673,1676,1678,1680 & 1691 of 2023

¶234

DISPOSING THE WPs WITHOUT COSTS

Gaju Venkateswarlu v. the State of Ap

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Gaju Venkateswarlu v. the State of Ap

Case brief

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