Disposed

Nagulapalem Gram Panchayath, v. The State of Andhra Pradesh

Andhra Pradesh HC4 Mar 2024WP/25443/2015

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh, Amaravati, disposed of a writ petition seeking police assistance for land acquisition under the A.P. Panchayat Raj Act. The court held that a prior order in W.P. 17689 of 2015 directed authorities not to dispossess petitioners without following due process. Consequently, no further orders were required. The writ petition and miscellaneous I.A. were disposed of wit

What did the court decide?

The writ petition and miscellaneous petitions were disposed of with a direction that parties follow due process of law regarding the subject property. No order as to costs.

Nagulapalem Gram Panchayath, Vs The State of Andhra… — Land Acquisition | Andhra Pradesh HC (2024)

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APHC010041052015

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[ 3310 ]

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

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TUESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 25443 OF 2015

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Between:

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Nagulapalem Gram Panchayath,, Represented by its Secretary, Y. Narayana Rao, S/o. Malliah Aged 50 years, Occ: Employee, Residing at Nagulapalem, Paruchuru Mandal, Prakasham District.

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...PETITIONER(S)

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Buildings Hyderabad.

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The Superintend of Police, Ongole Prakasham District.

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Station House Officer Paruchuru Police, Station, Paruchuru, Prakasham 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 toto issue an appropriate writ or order more particularly one in nature of writ of MANDAMUS declaring the action of the 2nd and 3rd respondents in not giving assistance to the petitioner Gram Panchayat to exercise of its lawful authority under section 139 of A.P Panchayat Raj Act, as illegal, arbitrary, against the principles of natural justice and provisions of the A.P Panchayat Raj Act and consequently direct the 3rd respondent to give assistance to the Gram Panchayat to exercise its lawful authority and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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I.A. NO: 1 OF 2015(WPMP. NO: 33016 OF 2015)

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to give assistance to the Gram Panchayat to exercise its lawful authority under section 139 of the A.P Panchayat Raj Act with regard to developmental works in Survey No. 352/5 at Girisai Kunta, Nagulapalem Village, Paruchuru Mandal, Prakasam District, pending disposal of the above writ petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner(s):SRI. G VENKATA REDDY Counsel for the Respondents: GP FOR LABOUR (TG) The Court made the following:

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ORDER:-

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Heard Mr. G. Seshadri, learned Standing Counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents.

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It is the grievance of the petitioner that the petitioner made a representation dated 07.07.2015 to the 3^rd respondent requesting to provide protection to execute the programme called ‘Neeru Chettu’, but the 3^rd respondent did not respond and they are not cooperating to maintain law and order in the village. Therefore inaction of the respondents is questioned in this writ petition.

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During hearing learned Assistant Government Pleader for Home for the respondents would submit that the villagers of Nagulapalem Village, Paruchuru Mandal, Prakasam District has filed W.P.No.17689 of 2015 against the revenue authorities and sought for a direction not to interfere and dispossess them from the land in Sy.No.352/5 situated at Nagulapalem Village, Paruchuru Mandal, Prakasam District and this Court granted interim stay directing the respondents to verify as to which of the petitioners are in possession of the subject land and if they are found to be correct, the respondents authorities shall not interfere with their possession, except in accordance with law. Therefore the Tahsildar, Parchur Mandal requested the petitioner to follow the orders of this Court. Hence, requested to dismiss the writ petition.

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Perused the record.

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It is brought to the notice of this Court with regard to W.P.No.17689 of 2015 which was disposed of on 21.11.2022, while directing the respondent authorities not

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to dispossess the petitioners from their land in Sy.No. 352/5 of Nagulapalem Village, Parachur Mandal, Prakasam District in an extent of Ac. 14.80 cents, if at all they are in possession, except by following due process of law. Therefore there is specific direction from this Court in W.P.No.17689 of 2015, no further orders are required to be passed in this matter.

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Accordingly, this Writ Petition is disposed of, while directing the both the parties to follow due process of law, if the petitioner proceeds for eviction in respect of subject property. There shall be no order as to costs.

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The miscellaneous petitions pending, if any, shall also stand closed.

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____________________________ DR.JUSTICE K.MANMADHA RAO KK

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 25443 OF 2015

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05.03.2024

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Nagulapalem Gram Panchayath, v. The State of Andhra Pradesh

Case brief

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What did the court decide?

Nagulapalem Gram Panchayath, v. The State of Andhra Pradesh

Case brief

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