Extracted from the PDF above. The PDF is authoritative.
■' 'r- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA^^tk^ (Special*Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE J ■■ X lO V PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION Nos: 2984, 2961. 2982, 2987. 2990. 2999. 3001 and 3350 of 2022 WRIT PETITION NO: 2984 OF 2022 Between:
1. Jasti Uttej, S/o.J.Eswara Prasad Aged about 26 years, R/o.A.BIock 6th Floor, Sai Residency Torredu Road, Katheru Down Katheru, Rajahmundry East Godavari District, Andhra Pradesh
2. M/s. A.V.S.Constructions, A partnership Firm, Door No.40-4-19/1, Karmelnagar Vijayawada, Krishna District, A.P. Rep.by its Managing Partner Sri Boppana Hari Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh. 3. The Sub-Collector, Vijayawada, Krishna District, A.P.
4. The Tahsildar, Vijayawada North, Krishna District, Andhra Pradesh. 5. The Vijayawada Municipal Corporation, Vijayawada, Krishna District, AP Rep.by its Commissioner. ...Respondents 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
2 a) Declaring the action of the 3'^'^ respondent in issuing proceedings vide ^ Notice No.
Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law ■' • and against Article 14 and 21 of the Constitution and to set aside the same. b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 1613 Sq.Yards, i.e. Ac.0.333 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 1 OF 2022 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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 1613 Sq.Yards, i.e. Ac.0.333 cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition.
lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No: Rc. A11/LC/452/2021 dated 14.09:2021 issued by the 4 disposal of the writ petition. Counsel for the Petitioners: SRI K.JANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP respondent pending
3 WRIT PETITION NO: 2961 OF 2022 Between;
1. Kolli Srinivasa Rao, S/o.Sri K Madhava Rao, Aged about 57 years, Occ- Business, R/o. Door No.32-31-8/1, Venkataswamy Street, Machavaram Vijayawada, Krishna District, Andhra Pradesh. 2. M/s. A.V.S.Constructions, A partnership Firm, Door No.40-4-19/1 Karrnelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hah Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND 1 of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Depart! lent, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh. 3. The Sub-Collector, Vijayawada, Krishna District, A.P.
4. The Tahsildar, Vijayawada North, Krishna District Andhra Pradesh. Vijayawada Municipal Corporation, Vijayawada, Krishna District AP Rep.by its Commissioner. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus may a. Declaring the action of the 3rd respondent in issuing proceedings vide Notice No.Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b. Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 5566 Sq.Yards, i.e. Ac. 1.15 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh.
4 lA NO: 1 OF 2022 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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 5566 Sq.Yards i.e. Ac. 1.15 cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition. lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No- Rc. Al 1/LC/452/2021 dated 14.09.2021 issued by the 4‘*^ respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI KJANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 2982 OF 2022 Between:
1. Jasti Sri Lakshmi, W/o.J.Eswara Prasad Aged about 53 years, R/o A.BIock 6 Floor, Sai Residency Torredu Road, Katheru Dowri Katheru, Rajahmundry East Godavari District, Andhra Pradesh
2. M/s. A.V.S.Constructions A partnership Firm, Door No 40-4-19/1 Karmelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hari Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The ^ate of Andhra Pradesh Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 5
2. The District Collector, Krishna District, Andhra Pradesh
3. The Sub-Collector, Vijayawada, Krishna District, AP
4. The Tahsildar, Vijayawada North, Krishna District Andhra Pradesh
5.
The Vijayawada Municipal Corporation, Vijayawada, Krishna District AP Rep.by its Commissioner ...Respondents 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 a) Declaring the action of the 3'^'^ respondent in issuing proceedings vide Notice No.
Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 1614 Sq.Yards, i.e. Ac.0.334 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 1 OF 2022 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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 1614 Sq.Yards, i.e. Ac.0.334 cents in Sy.No.38/ 1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition. 6 iA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No. Rc. A11/LC/452/2021 dated 14.09.2021 issued by the 4*^ respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI KJANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 2987 OF 2022 Between:
1.
Kolli Sivarama Krishna, S/o.Late Sri K.Madhava Rao, Aged about 53 years, Occ. Business, R/o. Door No.61-2-297, Plot No.233 S.S.Colony Vasanthanagar, Hydernagar Kukatpalli, Ranga Reddy District! Hyderabad Telangana. 2. M/s. A.V.S.Constructions, A partnership Firm, Door No.40-4-19/1 Karmelnagar, Vijayawada. Krishna District, AP Rep.by its Managing Partner Sri Boppana Hah Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi. Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh
3. The Sub-Collector, Vijayawada, Krishna District, AP
4. The Tahsildar, Vijayawada North, Krishna District Andhra Pradesh
5. The Vijayawada Municipal Corporation. Vijayawada, Krishna District AP Rep.by its Commissioner ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may
7 be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus a) Declaring the action of the 3'^^ respondent in issuing proceedings vide Notice No.
Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 10,944 Sq.Yards, i.e. Ac.2.28 cents in Survey No.38/1 at Door No. 49- 4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No. Rc. A11/LC/452/2021 dated 14.09.2021 issued by the 4'^ respondent pending disposal of the writ petition. lA NO: 1 OF 2022 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 respondent nos.
1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 10,944 Sq.Yards, i.e. Ac.2.28 cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition. Counsel for the Petitioners: SRI K.JANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE
8 Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 2990 OF 2022 Between:
1. Chandra Lakshmi Shirini, D/o.Late Sri Chandra Narasimha Rao Aged about 22 years, R/o.Door No.48-13-17D, Flat No.504 V.L.BIock, APACE TOWERS, Vinayakagudi Street, Sriramachandranagar Vijayawada Krishna District - 520 008, AP babu .S/o.Late Sri B.Venkat Ramaiah
2. M/s. A.V.S.Constructions A partnership Firm, Door No.40-4-19/1, Karmelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hari Ram ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh
3. The Sub-Collector, Vijayawada, Krishna District, AP
4. The Tahsildar, Vijayawada North, Krishna District Andhra Pradesh
5. The Vijayawada Municipal Corporation Vijayawada, Krishna District, AP Rep.by its Commissioner ...Respondents 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 a) Declaring the action of the 3'^'^ respondent in issuing proceedings vide Notice No Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners
9 admeasuring an extent of 1794 Sq.Yards, i.e. Ac.0.37 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh.
lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No: Rc. A11/LC/452/2021 dated 14.09.2021 issued by the 4‘^ respondent pending disposal of the writ petition. lA NO: 1 OF 2022 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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 1794 Sq.Yards, i.e. Ac.0.37cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition. Counsel for the Petitioners: SRI K.JANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 2999 OF 2022 Between:
1. Chandra Narasimha Rao (DIED), Rep.by L.R. Kolli Kanaka Durga W/o.Late Sri Chandra Narasimha Rao Aged about 50 years, R/o.Door N0.48-13-17D, Flat No.504 V.L.BIock, APACE TOWERS, Vinayakagudi Street, Sriramachandranagar Vijayawada, Krishna District - 520 008, AP
10
2. M/s. A.V.S.Constructions, A partnership Firm, Door No.40-4-19/1, Karmelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hah Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh
3. The Sub-Collector, Vijayawada, Krishna District, AP
4. The Tahsildar, Vijayawada North, Krishna District Andhra Pradesh
5.
The Vijayawada Municipal Corporation, Vijayawada, Krishna District, A.P. Rep.by its Commissioner ...Respondents 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 a) Declaring the action of the 3'^'^ respondent in issuing proceedings vide Notice No Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 42 Sq.Yards, i.e. Ac.0.009 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 1 OF 2022 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
11 pleased to direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 42 Sq.Yards, i.e. Ac.0.009 cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition. lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice No- Rc. A11/LC/452/2021 dated 14.09.2021 issued by the 4'^ respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI K.JANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 3001 OF 2022 Between:
1.
Kolli Kanaka Durga, W/o.Late Sri Chandra Narasimha Rao Aged about 50 years, R/o.Door No.48-13-17D, Flat No.504 V.L.BIock, APACE TOWERS, Vinayakagudi Street, Sriramachandranagar Vijayawada, Krishna District - 520 008, AP
2. M/s. A.V.S.Constructions A partnership Firm, Door No.40-4-19/1, Karmelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hah Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal SecretaryRevenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District, Andhra Pradesh. 3. The Sub-Collector, Vijayawada, Krishna District, A.P.
4. The Tahsildar, Vijayawada North, Krishna District, Andhra Pradesh. 12
5. The Vijayawada Municipal Corporation, Vijayawada, Krishna District, A.P. Rep.by its Commissioner. ...Respondents 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 a) Declaring the action of the 3'"'^ respondent in issuing proceedings vide Notice No Rc. A11/LC/452/2021 dated 14.09.2021 as illegal, arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 1794 Sq.Yards, i.e. Ac.0.37 cents in Survey No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 1 OF 2022 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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 1794 Sq.Yards, i.e. Ac.0.37cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh, pending disposal of the writ petition.
lA NO: 2 OF 2022 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
13 pleased to suspend the operation of the proceedings vide Notice No; Rc. A11/LC/452/2021 dated 14.09.2021 issued by the 4‘^ respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI K.JANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP WRIT PETITION NO: 3350 OF 2022 Between:
1. Jasti Monica, D/o. J.Eswara Prasad Aged about 28 years, R/o.A.BIock 6th Floor, Sai Residency Torredu Road, Katheru Down Katheru, Rajahmundry East Godavari District, Andhra Pradesh
2. M/s. A.V.S.Constructions, A partnership Firm, Door No.40-4-19/1, Karmelnagar Vijayawada, Krishna District, AP Rep.by its Managing Partner Sri Boppana Hah Rambabu S/o.Late Sri B.Venkat Ramaiah ...Petitioners AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Krishna District, Andhra Pradesh. The Sub-Collector, Vijayawada, Krishna District, AP. The Tahsildar, Vijayawada North, Krishna District, Andhra Pradesh. The Vijayawada Municipal Corporation Vijayawada, Krishna District, A.P. Rep.by its Commissioner. 2. 3. 4. 5. ...Respondents 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 a) Declaring the action of the 3'”'^ respondent in issuing proceedings vide Notice No.
Rc. A11/LC/452/2021 dated 14.09.2021 as illegal. 14 arbitrary, without power, authority and jurisdiction and not valid in law and against Article 14 and 21 of the Constitution and to set aside the same, b) Consequently direct the respondent nos. 1 to 4 to restrain from interfering and demolishing the buildings on the land of the petitioners admeasuring an extent of 1613 Sq.Yards. i.e. Ac.0.333 cents in Survey No.38/1 at Door No. 49-4-19/ 1, Karmel Nagar, Vijayawada, Krishna District, Andhra Pradesh. lA NO: 1 OF 202?
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 respondent nos. 1 to 4 to restrain from interfering and demolishing the constructions and buildings on the land of the petitioners admeasuring an extent of 1613 Sq.Yards, i.e. Ac.0.333 cents in Sy.No.38/1 at Door No. 49-4-19/1, Karmel Nagar, Vijayawada, Krishna District, Pradesh, pending disposal of the writ petition. lA NO: 2 OF 2022 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 suspend the operation of the proceedings vide Notice A11/LC/452/2021 dated 14.09.2021 issued by the 4 disposal of the writ petition. Andhra No. Rc. respondent pending Counsel for the Petitioners: SRI KJANAKIRAMI REDDY Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI M.MANOHAR REDDY, SC for MUNC AND MUNC CORP The Court made the following common order:
1 APHC010043092022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI Writ Petition Nos: 2934, 2961, 2982, 2987, 2990, 2999, 3001 and 3350 of 2022 W.P.No.2984 of 2022 Between: Jasti Uttej and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.K JANAKIRAMI REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE 2.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP )
2 The Court made the following Common Order: Impugning the notices vide Rc.A11/LC/452/2021 dated 14.09.2021 of the Sub-Collector/respondent No.3, the present writ petitions are filed. 02. As the subject matter in all these writ petitions are one and the same, all the writ petitions are heard together and are being
disposed of by this common order.
03. Heard Sri T.Bheemanna,
learned counsel representing Sri K.Janakirami Reddy, learned counsel for the petitioners and Sri Venkata Satya Narayana, learned Assistant Government Pleader for Revenue.
04.
Learned counsel for the petitioners while reiterating the contents of the writ affidavits submitted that the respondent authorities i.e., Sub-Collector invoking the provisions of Andhra Pradesh Agricultural Land (conversion for Non Agricultural Purpose) Act, 2006 issued impugned show cause notice asking why a penalty and fine of 100% in addition to the regular conversion fee cannot be imposed contending that the subject land is being used for non-agricultural purpose without conversion of land from agriculture to non agriculture. Infact the Gunadala is part of Vijayawada Municipal Corporation not a village as alleged
3 by the respondents and the Municipal Corporation is levying tax on the petitioners and they are paying the same for many years. Without looking into all those things, the Sub-Collector has issued impugned notice. If said impugned notice subsists, it affects the rights of the petitioners as such prayed to allow the writ petition by setting aside the impugned notices. 5. On the other hand, Sri Venkata Satya Narayana, learned Assistant Government Pleader for respondent Nos. 1 to 4 submitted that as against mere issuance of show cause notice writ cannot be entertained. The petitioners can as well submit their explanation to the said show cause notices and raise all the grounds that have been raised before this Court. The petitioners have not raised any valid grounds while questioning the show cause notice impugned. The writ petition is devoid of merits and is liable to be dismissed. 06. In reply, learned counsel for the petitioners submit that as a precautionary measure, an explanation was already given to the Sub-Collector. In view of the same, the learned Assistant Government Pleader cannot say that the petitioners have not submitted any explanation. t
07. Perused the material available on record and considered the submissions of both the learned counsel. 08. The Sub-Collector has issued the impugned notice vide Rc.A11/LC/452/2021 dated 14.09.2021 on the ground that the subject agricultural property has been put to use for non agriculture purpose without obtaining any permission as required under section 3 of the Andhra Pradesh Agricultural Land (conversion for Non Agricultural Purpose) Act, 2006. As could be seen from the notice, it would indicate that the petitioners have put the agriculture land to the non agriculture purpose.
As such the said show cause notice has been issued to show cause why the penality along with conversion fee as stipulated should not be imposed and accordingly sought explanation. The record also would indicate that the petitioners have submitted explanation
23.09.2021. It is brought to the notice of this court that in some of the cases this Court has granted stay. Though the writ petitions are of the year 2022, the respondent authorities did not choose to file their counter. There is no material available on record to show - that the respondent authorities have passed any orders on the petitioners’ explanations. Ordinarily writ does not lie against issuance of show cause notice. Entertaining the writ petition on \ 1 s. mere
5 against show cause notice is beyond the limit of writ jurisdiction. The petitioners can as well raise all grounds that have been raised before this court, before the authority concerned. 09 The petitioners have not made out any valid grounds warranting the interference of this Hon’ble Court. The writ petitions are devoid of merits and are liable to be disposed of by passing the following common order. The respondent authorities concerned are
directed to consider and dispose of the explanations submitted by the petitioners pursuant to the notices impugned dated 14.09.2021 in accordance with law, if not already disposed of. Accordingly these writ petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending if any, shall stand closed.
Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To.
1. The Principal Secretary Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Krishna District, Andhra Pradesh.
16
3. The Sub-Collector, Vijayawada, Krishna District, A.P.
4. The Tahsildar, Vijayawada North, Krishna District, Andhra Pradesh.
5. The Commissioner, Vijayawada Municipal Corporation Viiavawada Krishna District, A.P. j .
6. One CC to Sri K Janakirami Reddy, Advocate [OPUC]
7. One CC to Sri A S C Bose, SC for Municipal Corporations [OPUC]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
9. Two CD Copies RAM
17 HIGH COURT DATED:06/02/2025 COMMON ORDER WP Nos. 2984, 2961, 2982, 2987 2990, 2999, 3001 and 3350 of 2022 ^^AND/v^ 0 ^ APR 2G25 Current Section ^ DISPOSING ALL THE WPs WITHOUT COSTS