Disposed

Indukuri Rangaraju v. Government of A.P. rep. by The District Collector

Telangana HC13 Jul 2009WP/13856/2009

Case brief

AI extract

What is this about?

In a writ petition challenging eviction notices issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, the High Court disposed of the petition while preserving the petitioners' right to file an appeal under Section 10 within 30 days to prevent eviction during that period.

What did the court decide?

Dropped eviction order; granted time to prefer appeals.

Indukuri Rangaraju Vs Government of A.P. rep. by The… — Land Acquisition | Telangana HC (2009)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE GODA RAGHURAM

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WRIT PETITION NO : 13856 of 2009

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Between:

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1 Indukuri Rangaraju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 2 Indukuri Kanaka Raju S/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 3 Indukuri Rama Krishnam Raju S/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 4 Bhupatiraju Nagaraju S/o.Ramakrishnam Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 5 Indukuri Subba Raju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 6 Indukuri Krishnam Raju S/o.late Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 7 Penumatcha Dhana Lakshmi W/o.Panduranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 8 Sagiraju Satyavani W/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 9 Indukuri Venkatraju S/o. Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 10 Indukuri Sekhara Raju S/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 11 Indukuri Kiran Raju S/o.Venkatraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 12 Indukuri Vijayalakshmi W/o.Venkakat Raju R/o.Chataparru Village, Eluru Mandal,

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West Godavari District. 13 Indukuri Venkayamma W/o.Ranga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 14 Indukuri Sattiraju S/o. Ganga Raju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 15 Indukuri Srinuraju S/o.Sathiraju R/o.Chataparru Village, Eluru Mandal, West Godavari District. 16 Kunaparaju Suryakumari W/o.Chandraraju R/o.Chataparru Village, Eluru Mandal, West Godavari District.

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..... PETITIONER(S)

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AND

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1 Government of A.P. rep. by The District Collector, West Godavari District, at Eluru. 2 The Revenue Divisional Officer, Eluru Division, Eluru, West Godavari District. 3 The Tahsildar, Eluru Mandal, Eluru, West Godavari District. .....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particuarly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the Notices dt. 3-7-2009 under Section 6 of A.P. Land Encroachment Act 1905, directing the petitioners to vacatethe lands an extent of Ac 20-00 cents covered by S.No. 956 of Mondikodu Village, Hamlet of Gudivaka Lanka, EluruMandal, West Godavari District as arbitrary illegal, without jurisdiction against he Principles of natural justice and offend Articles 14, 21 and 300 A of the Constitution of India and contrary to the provisions of Act 3 of the 1905 and rules made there under and consequently direct the respondent Authorities to grnat D-Form pattas to the petitioners to the lands in their possession, and to pass

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Counsel for the Petitioner:MR.G.KRISHNA MURTHY

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Counsel for the Respondent No.: GP FOR REVENUE

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The Court made the following :

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ORAL ORDER:

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Though the writ petition is filed by the 16 petitioners aggrieved by the several orders dated 3-7-2009 issued under the provisions of Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) directing the petitioners to vacate the land, in all of an extent of Ac.20-00 in Sy.No. 956 of Mondikodu village, hamlet of Gudivaka lanka, Eluru Mandal, West Godavari District, the learned counsel for the petitioners states that the petitioners desire pursue the appellate remedy under Section 10 of the Act and that since under Section 11 of the Act they have 60 days time to prefer an appeal they should be granted reasonable time to pursue the appellate remedy before suffering eviction under the impugned order.

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In the facts and circumstances and after hearing the learned Government Pleader for Revenue at the stage of admission, the writ petition is disposed of preserving the liberty of the petitioners to pursue the appellate remedies under Section 10 of the Act, against the several orders of the 3^rd respondent dated 3-7-2009 under Section 6 of the Act. The petitioners may prefer the appeals within 30 days from today and they shall not be evicted within the said period pursuant to the impugned order.

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Nothing stated in this order shall be construed as an expression by this Court on the merits of the petitioners’ grievance or contentions against the orders of the 3^rd respondent dated 3-7-2009. The appellate authority shall consider and dispose of the appeal on merits and the material on record in the appeal.

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The writ petition is accordingly disposed of. No costs.

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________________________ GODA RAGHURAM, J 13^th July, 2009. Note: Issue copy in two days. /B.O/ GRR

Indukuri Rangaraju v. Government of A.P. rep. by The District Collector

Case brief

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Indukuri Rangaraju v. Government of A.P. rep. by The District Collector

Case brief

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