Disposed

Samana Ramakrishna v. the State of Andhra Pradesh

Andhra Pradesh HC12 Sept 2024WP/20294/2024

Case brief

AI extract

What is this about?

In a writ petition for writ of mandamus, the petitioner challenged an eviction order. The High Court, relying on a similar earlier order in a related petition, permitted the petitioner to submit an explanation to the encroachment notice and directed the respondents to conduct an enquiry before taking further coercive steps.

What did the court decide?

Petitioner permitted to submit explanation; respondent directed to conduct enquiry on merits within eight weeks without coercive steps.

Samana Ramakrishna Vs the State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2024)

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

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER^ ;/d ti TWO THOUSAND AND TWENTY FOUR PRESENT

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20294 OF 2024

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Between;

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Samana Ramakrishna, S/o Late Venkata Ramaiah Age 66,D.No 1-220 Karmika Nagar, Akividu, West Godavari District-53423&-'

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. By Its Principal Secretary, MurTfcipal Administration And Urban Development Department, Secretariat, Velagapudi, Amaravati

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The Akividu Nagarpan'tSfiayat, Rep By Its Commissioner,^WestGodavari District Andhra Pradesh

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The Collector, West Godavari District Bhimavaram, Andhra^Pradesh 4. The Tahasildar, Akividu Mandal, Akividu West Godavari District, A.P 5. The Deputy Executive Engineer, Irrigation Sub Division, Undi, West Godavari District

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The SHO, Akividu Police Station, Akividu West Godavari^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 a Writ order or direction more particularly one in the

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nature of Writ of Mandamus declaring action of the respondents in issuing the impugned eviction order vide. 11/28/2024/G1 through which petitioner IS directed to vacate his house located in Sy no.474 & 475 of Akividu village, West Godavari district within 7 days as illegal arbitrary, violation of Article 14 & 21 of the Constitution of India and against principles of Natural Justice and consequently set aside the same by directing the respondents not to remove/demolish the house of the petitioner situated in Sy no.474 & 475 of Akividu village at Karmika Nagar (Bodigattu), Akividu Village and Mandal, West Godavari district.

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lA NO: 1 OF 9n9A

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i in support of the writ petition, the High Court may be pleased to suspend the impugned eviction Order 11/28/2024/G1 by directing the respondents not to remove/demolish the house of the petitioner situated in Sy no.474"& 475 of Akividu village at Karmika Nagar (Bodigattu), Akividu Village and Mandal West Godavari district pending disposal of the above writ petition.

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Counsel for the Petitioner:M/s RAMANI ANNAM Counsel for the Respondents No.1,2: GP FOR MUNCIPAL ADMN URBAN

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DEVELOPMENT ^

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Counsel for the Respondents No.3,4; GP FOR REVENUE Counsel for the Respondent No.5: GP FOR IRRIGATION Counsel for the Respondent No.6: GP FOR HOME

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The Court made the following: ORDER

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APHC010399382024

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

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[3329]

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 20294/2024

Between:

Samana Ramakrishna

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.RAMANI ANNAM

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR MUNCIPAL ADMN URBAN DEV

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3.GP FOR REVENUE

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4.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following order:

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This Writ Petition is filed under Article 226 of the Constitution

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of India seeking the following relief;

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“to issue a Writ, order or direction more particuiariy^one in the nature of Writ of Mandamus deciaring action of the respondents in issuing the impugned eviction order vide. 11/28/2024/G1 through which petitioner is directed to vacate his house iocated in Sy no.474 and 475 of Akividu viilage, West Godavari district^within7 days as iilegai^ arbitrary, vioiation of Article 14 & 21 of the Constitution of India and against principles of Natural^Justiceand

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consequently set aside the same by directing the respondents not o remove/demohsh the house of the petitioner situated in Sy no 474 and 475 of Akividu village at Karmika Nagar (Bodigattu) Akividu Village and Mandal, West Godavari district and pass. ”

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2, Heard learned counsel for petitioner and the learned Government Pleader for the respondents.

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When the matter is taken up for hearing, iearned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order dated 12.09.2024 passed by this Court in Writ Petition No.20048 of 2024 and requested to pass a Similar order in this Writ Petition also.

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Heard learned counsel for petitioner and the learned

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For better order reads as follows:

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For better understanding the operative portion of the said

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In view of the above said facts and circumstances, the petitioner IS permitted to submit his expianation enclosing aii the necessary dxuments in support of his claim to the above said notice of the r respondent dated 03.09.2024 within a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the 2 respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 03.09.2024 strictly in accordance with law by hearing all the parties concerned including the petitioner and upon verification of the records and the subject construction/encroachment, appropriate decision shall be taken on Its own merits, as expeditiously as possible, preferably, within a period of eight (8) weeks thereafter. Pending the above said enquiry, there shall not be any coercive steps and there shall not be any further encroachments/constructions. ”

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The same ISi not disputed by learned Government Pleader

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appearing for the respondents.

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In view of the same, let there be a similar order in this case, following the identical lines as in Writ Petition No.20048 of 2024 dated 12.09.2024. 7. In the result, in view of the above, this Writ Petition is disposed of at the admission stage with the following directions:

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The petitioner is permitted to submit his explanation enclosing all the necessary documents in support of his claim to the above said notice of the 2^"^ respondent^dated 03.09.2024 within a period of two (2) weeks from the date^of receipt of this order. On receipt of the same, the 2'"'^ respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 03.09.2024 strictly in accordance with law by hearing all the parties concerned including the petitioner and upon verification of the records and the subject construction/encroachment, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of eight (8)^weeks thereafter. Pending the above said enquiry, there shall^not be any coercive steps and there shall not be any further encroachments/constructions.

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Registry is directed to enclose a copy of the order dated 12.09.2024 passed in Writ Petition No.20048 of 2024. There shall be

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no order as to costs.

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As a sequel miscellaneous application, pending, if any, shall

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also stand closed.

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//TRUE COPY//

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SD/- M.PRABHAKARA RAO ASSISTANT REGISTRAR SECTION OFFICER

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To,

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The State of Andhra Pradesh, Rep. By Its Principal Secretary, MYmicipal Administration And Urban Development Department, Secretariat, Velagapudi, Amaravati

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The Akividu Nagarpanchayat, Rep By Its Commissioner,^WestGodavari District Andhra Pradesh

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The Collector, West Godavari District Bhimavaram, Andhra Pradesh

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The Tahasildar, Akividu Mandal, Akividu West Godavari District, A.P 5. The Deputy Executive Engineer, Irrigation Sub Division, Undi, West Godavari District

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The SHO, Akividu Police Station, Akividu West Godavari District.

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OneCCto SRI. RAM AN I AN NAM, Advocate [OPUC]

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Two CCs to GP FOR MUNCIPAL ADMN URBAN

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DEVELOPMENT ,High Court of Andhra Pradesh. [OUT]

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Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP FOR IRRIGATION ,High Court of Andhra Pradesh.

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[OUT]

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

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Three C.D.Copies

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COURT DATED; 13/09/2024

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ORDER No.20294 of 2024

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I 2 7 SFP 7m I
Current Section
^S2£S^ATCHfr

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disposing Dp the WP without COSTS

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APHC010396782024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3233]

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(Special Original Jurisdiction)

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THURSDAY, THE TWELFTH DAY OF SEPTEMBER 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: 20048/2024

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Between:

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Prasangi Srinu ...PETITIONER

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AND

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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.MADHAVA RAO NALLURI

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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3.GP FOR IRRI AND CAD

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4.GP MUNCIPAL ADMN AND URBAN DEV AP

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the learned

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Assistant Government Pleader for the respondents.

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This writ petition is filed questioning the encroachment notice of the 2^^ respondent dated 03.09.2024 alleging that the petitioner occupied the irrigation canal site area/poramboke in revenue survey Nos.474 & 475 and to show cause why the constructions shall not be

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removed within seven (7) days from the date of receipt^ofthesaid notice by calling for the explanation of the petitioner.

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The learned counsel for the petitioner submits that under the guise of the implementation of the common orders of the Hon’ble Division Bench of this Court dated 14.09.2022, the 2"'^ respondent is trying to proceed high-handedly without giving any opportunity of hearing for the petitioner and without following any due procedure to remove the existing structures/residential house/temporary^sheds of the petitioner.

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On the other hand, the learned Assistant Government Pleader submits that the petitioner occupied the irrigation canal site area, raised iron sheet shed house and obtained assessment No.1188004217. Since similarly situated occupants including the petitioner are causing lot of inconvenience, the drainage is being let out into the canal polluting the waters and in view of the illegal occupation of the irrigation canal land, there is an obstruction for free flow of water into the said canal and all the other villagers are also complaining^about it time and again to the authorities concerned. In view of the common order of the Hon’ble Division Bench of this court in W.P.(PIL).No.140^of2022& batch, the 2 nd respondent issued the impugned notice dated 03.09.2024 for removal of the sencroachments. However, he further submits that the petitioner can submit his explanation to the above said

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notice dated 03.09.2024 and if so, by following the due procedure the 2^^ respondent will take appropriate action.

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In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation enclosing all the necessary documents in support of his claim to the^{abovesaidnotice} of the 2"^ respondent dated 03.09.2024 within a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the 2"^ respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 03.09.2024 strictly in^{accordancewithlaw} by hearing all the parties concerned including the petitioner and upon verification of the records and the subject construction/encroachment, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of eight (8)^{weeksthereafter.} Pending the above said enquiry, there shall not be any coercive steps and there shall not be any further encroachments/constructions.

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Accordingly, the writ petition is disposed of. There^shallbe no order as to costs.

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As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.

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JUSTICE B KRISHNA MOHAN

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12.09.2024 MDP

Samana Ramakrishna v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Samana Ramakrishna v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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