Disposed

Revuri Kanakadurga v. the State of Ap

Andhra Pradesh HC8 Dec 2024WP/28626/2024

Case brief

AI extract

What is this about?

Petitioner challenged an eviction notice issued by the 4th respondent and an ex-parte order of the Endowments Tribunal declaring her an encroacher. Counsel submitted that the ex-parte order was disputed via IA pending consideration. Tribunal directed disposal of the pending within 4 months and prohibited coercive action pending that decision.

What did the court decide?

Hon'ble AP Endowments Tribunal directed to dispose of I.A.No.1040/2024 in O.A.No.320/2020 within 4 months. Respondents prohibited from taking coercive steps pending disposal.

Revuri Kanakadurga Vs the State of Ap — Property and Title | Andhra Pradesh HC (2024)

¶1

APHC010547462024

¶2

[3310]

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

MONDAY ,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

¶6

PRESENT

¶7

THE HONOURABLE DR JUSTICE K MANMADHA RAO

¶8

WRIT PETITION NO: 28626/2024

Between:

Revuri Kanakadurga

...PETITIONER

AND

The State Of Ap and Others

¶14

...RESPONDENT(S)

¶15

Counsel for the Petitioner:

¶16

1.D V SASIDHAR

¶17

Counsel for the Respondent(S):

¶18

1.GP FOR ENDOWMENTS

¶19

The Court made the following:

¶20

ORDER

¶21

This petition is filed under Article 226 of the Constitution of India for the following relief:-

¶22

“…may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4^th respondent in issuing notice dated 25.11.2024 demanding the petitioner to vacate and handover the possession of land measuring Ac.1.03 cents in RS.No.62/5 Kalaparru village, Pedapadu Mandal, Eluru District belonging to petitioner and to pay damages as bad illegal, arbitrary and violative of Articles 14,

¶23

21 and 300-A of Constitution of India and consequently set aside the same and direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property and pass…”.

¶24

The case of the petitioner in brief is that the petitioner is the absolute owner of the land admeasuring Ac.1.08 cents situated in RS.No.62/5 of Kalaparru Village, Pedapadu Mandal, Eluru District having purchased the same from one Kolla Venkata Naga Pothu Raju vide registered document No.4670, dated 21.06.2000. From the date of purchase, the petitioner is in possession and enjoyment of the subject land and his name was mutated in the revenue records. The highway authorities have acquired around Ac.0.05 cents out of entire extent and have paid compensation amount of Rs.36,803/to the petitioner as per Award No.14/2013, dated 23.08.2019 and the 6^th lane road was laid. While so, Respondent Nos.3 and 4 have filed O.A.No.320 of 2020 before the Hon’ble AP Endowment Tribunal, Amaravathi, Pedakakani and the same was allowed exparte on 09.10.2023 declaring the petitioner as encroacher and directed the petitioner to pay damages of Rs.30,000/-. Thereafter, the petitioner filed applications before Endowments Tribunal seeking to set aside the exparte order, dated 09.10.2023. The petitioner also filed I.A.Nos.1039 and 1038 of 2024 seeking stay of execution proceedings and for condonation of delay. Before the matter came up for hearing, the 4^th respondent has sent a notice, dated 25.11.2024 demanding the petitioner to vacate the subject property. Aggrieved by the said notice, the present Writ Petition is filed.

¶25

Heard Mr M.Sai Nikhil Kashyap, learned counsel representing on behalf of Mr D.V.Sasidhar, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents.

¶26

4 On hearing, learned counsel for the petitioner submits that Respondent Nos.3 and 4 filed O.A.No.320 of 2020 before the Hon’ble Endowments Tribunal, Amaravathi and the same was allowed exparte directing the petitioner to pay damages of Rs.30,000/-. Aggrieved by the said order, the petitioner filed I.A.No.1040 of 2024 seeking to set aside the exparte order. Pending consideration of the said I.A before the Tribunal, the 4^th respondent-Executive Officer has sent a notice, dated 25.11.2024 to the petitioner directing him to vacate the subject property. He further submits that pending I.A.No.1040 of 2024 in O.A.No.320 of 2020 if the ex-parte orders are implemented, nothing remains in the O.A for adjudication and the petitioner will be put to irreparable loss and hardship. Hence, the learned counsel for the petitioner requests to pass appropriate orders.

¶27

Learned Government Pleader appearing for the respondents submits that though the petitioner herein filed vakalat on 16.12.2020 itself in O.A.No.320 of 2020, she did not file counter till 07.08.2023. Hence, the learned Tribunal has passed the ex-parte order. He further submits that after receiving the eviction notice from the 4^th respondent, the petitioner has filed I.A.No.1040 of 2024 seeking to set aside the exparte order and pending consideration of the same before the Tribunal, the petitioner has approached this Court by filing the present Writ Petition which is not maintainable. Hence,

¶28

the learned Government Pleader for Endowments opposed for grant of any relief in this Writ Petition and prays to dismiss the same.

¶29

Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Endowments, this Writ Petition is disposed of directing the Hon’ble A.P Endowments Tribunal, Amaravati to dispose of I.A.No.1040 of 2024 in O.A.No.320 of 2020 within a period of four (04) months from the date of receipt of a copy of this order. Till disposal of the said I.A.No.1040 of 2024, the respondents are directed not to take any coercive steps against the petitioner with regard to the subject property. There shall be no order as to costs.

¶30

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

¶31

________________________ DR. K. MANMADHA RAO, J.

¶32

Date : 09.12.2024 TM

¶33

269

¶34

HON’BLE DR. JUSTICE K. MANMADHA RAO

¶35

WRIT PETITION NO: 28626/2024

¶36

Date :09.12.2024

¶37

Revuri Kanakadurga v. the State of Ap

Case brief

What is this about?

What did the court decide?

Revuri Kanakadurga v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Yaganti Singaraiah Vs The Government of Andhra Pradesh

S.Chandrasekhara Naidu, S/o.Krishnaiah Naidu Vs The State of Andhra Pradesh

K. Sathibabu, Vs The State of Andhra Pradesh

Jatawath Srinu Naik S/o. Keerya Naik Vs The State of Andhra Pradesh

P.Venkata Krishna Reddy,S/o.P.v.Subba Reddy Vs The State of Andhra Pradesh

Sujitha Blue Metal, Vs The State of Andhra Pradesh, Rep by its Principal Secretary