Telangana High Court
WP/47316/2018 of Puvvada Harsha , Varsha, Vs The State of Andhra Pradesh on 28 December 2018
BEFOPE ADMISS"ON) HIGH COURT OF JUDICATURE AT HYDf:{ABAL? FOR THE STATE OF TELANGANA ANO THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF DECEIIIBER TWO THOUSAND AND EIGHTEEN :PRESENT: THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO:
(sHow CAUSE NOTICE BEFOPE ADMISS"ON)
HIGH COURT OF JUDICATURE AT HYDf:{ABAL?FOR THE STATE OF TELANGANA ANO [THE ]STATE [OF ]ANDHRA [PRADESH](Special Original Jurisdiction)
FRIDAY, THE TWENTY EIGHTH DAY OF DECEIIIBER TWO [THOUSAND AND EIGHTEEN]
:PRESENT:
THE HONOURABLE SRI JUSTICE P. NAVEEN RAOWRIT PETITION NO: 47316 OF 2018
Betwee!r:
Puvvada Harsha @ Varsha, S/o. Late Puvvada Vajra Kumar, Aged 26 [years, ]Occ: [Student, ][R/o.]Door N;. 10-328, Jaganathapuram, Thatkurgommu Village, Velarpadu [lvlandal, ]West [Godavari]District - 507 121 .
.. . Petitioner
AND
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1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue Department [(Land Acquisition)]Secretariat, Velagapudi at Amaravathi, Guntur.Secretariat, Velagapudi at Amaravathi, Guntur.
2. The District Collector (Land Acquisition), West Godavari Dislrict at Eluru.
3. The Special Deputy Collector/R & R Land Acquisition Officer-currr-Srrb Collector, Polavaramlrrigation Project, Kukunooru, West Godavari District.lrrigation Project, Kukunooru, West Godavari District.
4. The irroject Officer, ITDA, Kotaramachandrapuram, West Godavari [.ristrict.
5. The Tahsildar, Velairpadu lvlandal, West Godavari Distnct.6. The Thatkurgommu Gram Panchayat, Rep. by its Panchayat Secretary, Velairpadu Mandal,West Godavari District.6. The Thatkurgommu Gram Panchayat, Rep. by its Panchayat Secretary, Velairpadu Mandal,West Godavari District.
...Resp:ndents
WHEREAS the Petitioner aDove nameJ through lris Advocate M/s. I\4UMt\4a,NENlSRINIVASA RAO presented this writ petition under Article 226 of the Constrtution of lndiapraying that in the circumstances stated in the Affidavir filed herern, the High Court may bepleased to issue a Writ, order or Directiori more particulariy one. in the nature of Writ ofIt4andamus, declarirrg the action of the 4rh respondent who is the in-charge officer of the 3'drespondent in issuing the impugned endorsement vide RC.No.T9/25l2018 dated t1.08.2018 inrelecting the case of the petitioner for R&R [package ]under the Right to Fare Conrpensaiion andTransparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013 on the ground thatthe petitioner is not residing in the village is illegal and voio and opposed to Artirles 1,i. 19.21and 3C0 A of Constitution of lndia ir;cluding the section 31 and section 3(M! of the LandAcquisition Act, 2013, inspite of allotment door number B 29212, Jaganathq)uram,Thatkurgommu Grampanchayat, Velairpadu Mandal, Wesi Godavari District ln connection withthe original house No. 10-328 and consequently to direct the Land Acquisition officer to pay thebenefits under R&R package under Land Acquisition Act tothe petitioner herein; AND WHEREAS the Hlgh Court upon perusrnq :he petitjon and affidavit filedherein and upon hearing the arguments of [l4/s. MUMMANENI SRINIVASA RA.O, Advocate forthe Petitioner, directed issue of notice to the Respondents herein lo show cause as to why thiswrit [petition ]should not be admitted in the circumstances set out in lhe petition and the affidavitfiled in Writ Petition:herein and upon hearing the arguments of [l4/s. MUMMANENI SRINIVASA RA.O, Advocate forthe Petitioner, directed issue of notice to the Respondents herein lo show cause as to why thiswrit [petition ]should not be admitted in the circumstances set out in lhe petition and the affidavitfiled in Writ Petition:
You viz:
1. The Prl. Secretary, Revenue Department (Land Acquisition), State of Andhra Pradesh,Secretariat, Velagapudi at Amaravathi, Guntur.Secretariat, Velagapudi at Amaravathi, Guntur.
2. The District Collector (Land Acquisition), West Godavari District at Eluru.
3. The Special Deputy Collector/R & R Land Acquisition Officer-cum-Sub Collector, Polavaramlrrigation Project, Kukunooru, West Godavari District.lrrigation Project, Kukunooru, West Godavari District.
4. The Project Officer, ITDA, Kotaramachand rapuram, West Godavari District.
5. The Tahsildar, Velairpadu Mandal, West Godavari District.
6. The Panchayat Secretary, Thatkurgommu Gram Panchayat, Velairpadu Mandal, WestGodavari District.Godavari District.
are directed to show cause as to why in the circumstances set out in the petition and theaffidavit filed therewith (copy enclosed) this writ petition should riot be admitted.
-2..
THE COURT MADE THE FOLLOWING ORDER:Notice before admission.List after 4 weeks.
//TRUE COPY'
SD/. P. NARSIRAOASSISTTRISTRARFor ASSISTAREG.iSTRAR
To1. The Prl. Secretary, Revenue Department [(Land ]Acquisition), State of Andhra Pradesh,Secretariat, Velagapudi at Amaravathi, Guntur.1. The Prl. Secretary, Revenue Department [(Land ]Acquisition), State of Andhra Pradesh,Secretariat, Velagapudi at Amaravathi, Guntur.
2. The District Collector (Land Acquisition), West Godavari District at Eluru.3. The Special Deputy Collector/R & R Land.Acquisition Officer-cum-Sub Collector, Polavaramlrrigation Project, Kukunooru, West Godavari District.3. The Special Deputy Collector/R & R Land.Acquisition Officer-cum-Sub Collector, Polavaramlrrigation Project, Kukunooru, West Godavari District.
4. The Project Officer, ITDA, Kotaramachand rapuram, West Godavari Drstrict.
5. The Tahsildar, Velairpadu It4andal, West Godavari District.
6. The Panchayat Secretary, Thatkurgommu Gram Panchayat, Velairpadu Mandal, WestGodavari District (RR 1 to 6 by RPAD along with.a copy of petition and affidavit).Godavari District (RR 1 to 6 by RPAD along with.a copy of petition and affidavit).
7. One CC to M/s. MUMMANENI SRINIVASA RAO, Advocate [OPUC].
[OPUC].8. Two CCs to GP FOR REVENUE (AP), High Court of Judicature at Hyderabad [OUT].9. One spare copy.9. One spare copy.
HIGH COURT
PNEJ
DATED: 2811212018
LIST AFTER 4 WEEKS
NOTICE BEFORE ADMISSION
WP.No.47316 of 2018
I I [JAll ][?$,''3]6-t-11
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