Disposed

Smt.T.Neelavathamma, v. The State of Andhra Pradesh

Andhra Pradesh HC12 Mar 2024WP/14799/2021

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition under Article 226 challenging the inclusion of petitioner's agricultural land in the prohibitory list for auction. The court granted liberty to work out remedies and disposed of the petition without costs.

What did the court decide?

Liberty granted to petitioner to work out remedies in accordance with law. Petition disposed of without costs.

Smt.T.Neelavathamma, Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH:;AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 14799 OF 2021

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Between:

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Smt.T.Neelavathamma, W/o.T.Murahari Reddy, Aged about 64 years, OccAgriculture, R/o.H.No.9/ 11, Alwala Village, Gonegandia Mandal, Kurnool District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary for Home AP Secretariat, Amaravathi, Andhra Pradesh.

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The Additional Director of Police, Crime Investigation Department Amaravathi, Andhra Pradesh.

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The Joint Sub-Registrar, Nandikotkur, Kurnool District.

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...Respondents

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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 writ, order or direction more particularly^one in the nature of writ of mandamus declaring the action of the Respondent's keeping the petitioners land in Sy.No.427/A an extent of Ac.0.58 Cents, Sy.No.427/B an extent of Ac.2.56 Cents, in Sy.No.425 an extent of Ac.5.26 Cents, in Sy.No.423 an extent of Ac. 1.73 Cents total admeasuring Ac.1013 Cants situated at Damagatia Village, Nandikotkur Mandal, Kurnool District.., in prohibitory list and trying to auction the said property is highly illegal, arbitrary and unjust and violation of article 300-A Constitution of India

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the^{circumstances}

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stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of the auction of the petitioner's^land in Sy.No.427/A an extent of Ac.0.58 Cents, Sy.No.427/B an extent of Ac.2.56 Cents, in Sy.^^0.425 an extent of Ac.5.26 Cents, in Sy.No.423^{anextentofAc.1.73} Cents total admeasuring Ac.10-13 Cents situated at^{DamagatiaVillage,} Nandikotkur Mandal, Kurnool District

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Counsel for the Petitioner: SRI VENKATESWARLU SANISETTY

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Counsel for the Respondent No.1 and 3: GP FOR HOME

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Counsel for the Respondent No.2: SMT. Y L SIVA KALPANA^REDDY

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The Court made the following: Order

[3233]

APHC010247872021

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

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WEDNESDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 14799/2021

Between:

Smt.t.neelavathamma,

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.VENKATESWARLU SANISETTY

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID) The Court made the following:

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and the learned Heard the learned counsel for the petitioner counsel appearing for the 2nd respondent.

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the action of the 2. This writ petition is filed questioning extent of Ac.0.58 respondents in keeping the petitioner’s land to an cents in Sy.No.427/A, Ac.2.56 cents in Sy.No.427/B, Ac.5.26 cents in Sy.No.425 and Ac. 1.73 cents in Sy.No.423 in total Ac. 10.13 cents

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situated at Damagatla Village, Nandikotkur Mandal,^{KurnoolDistrict} in the prohibitory list.

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The learned counsel for the petitioner submits that^{thepetitioner} is a bonafied purchaser and the subject properties^{wereattachedin} the criminal case in Crime No. 11 of 2013, 12 of 2013, 13 of 2013 of CCS Kurnool and 272 of 2013 of Kurnool II town Police^Stationunder Sections 420, 406, 120 (b) and Section 5 of Andhra^{PradeshProtection} of Depositors of Financial Establishments Act 1999,^{andSection58of} RBI Act.

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The learned counsel appearing for the 2nd respondent also submits that there is an order in Crl.M.P.No. 1840^{of2015inCrime} No.ll/x/2013, Crime No.l2/x/2013 & Crime No.l3/x/2013 of Central Crime Station, Kurnool and Crime No.272 of^{2014ofKurnool} II Town Police Station, by the Court of Principal Sessions^Judge, Kurnool dated 11.02.2016.

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The learned Counsel appearing for the 2nd respondent^submits that there is a G.O.Ms.No.l34 dated 01.09.2015 in the matter of attachment of properties in respect of M/s Vasantha^GoldFarmLand and Services Company Limited, Kurnool under Sections^3and 8 of Andhra Pradesh Protection of Depositors of Financial^{Establishments} Act, 1999 issuing ad-interim orders.

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In view of the above said facts and circumstances, the liberty is given to the petitioner to work out the remedies in^{accordancewith} law.

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Accordingly, the writ petition is disposed of. Interim order, if any. deemed to have been vacated. There shall be no order as to costs.

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As a sequel, the miscellaneous applications pending, if any, shall

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stand closed.

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//TRUE COPY//

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SD/- K. SRINIVASA RAJU ASSISTANTTJEGISTRAR ,\y SECTTON OFFICER

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To,

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The PrinciparSecretary for Home, Secretariat, Government^ofAndhra Pradesh, Amaravati,'Andhra Pradesh

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Tlie Additional Director of Police, Crime Investigation Department Amaravathi, Andhra Pradesh

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The Joinl^Sub-Registrar, Nandikotkur, Kurnool District

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One CC to SRI VENKATESWARLU SANISETTY Advocate [OPUC]

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Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]

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Two CD Copies

gsg

HIGH COURT

DATED: 13/03/2024

ORDER

WP.No.14799 of 2021

of
3?'
Ifx 1«» SEP 20?^ M
Currenl Section

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DISPOSED OF WP WITHOUT COSTS

Smt.T.Neelavathamma, v. The State of Andhra Pradesh

Case brief

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Smt.T.Neelavathamma, v. The State of Andhra Pradesh

Case brief

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