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D. V. S. S. SOMAYAJULU
Kurra Satyanarayana – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
D.V.S.S. Somayajulu, J. - This Court has heard Sri Ramana allu, learned counsel for the petitioners and learned Government Pleader for Revenue. The prayer in WP.No.13252 of 2020 is as follows:
'to issue an appropriate writ order or direction more particularity one in the nature of writ of Mandamus or any other appropriate Writ directing the 2 to 4 Respondents not to excavate gravel from the petitioners agricultural land in Survey Nos.7/2, 7/3, 7/4 and 7/4-part for the total admeasuring ac.13.50 cents in Kesavaram Village, Mandapeta Mandal, East Godavari District pending consideration of the written explanation dt. 19.06.2020 acknowledged on 20.06.2020 and Representations Dt. 16.07.2020 before the 3rd Respondent for their Notice dt 04.06.2020 in pursuance of the Orders in WP Nos.8274, 8290 and 8291 of 2020 dt 28.05.2020 in the interest of justice by declaring the Respondents arbitrary action is being illegal, high handed and violation of articles 14, 211, 300-a of the Constitution of India..'
2. In the other three writ petitions referred to namely WP.Nos.23731, 23743 and 23744 of 2021, the prayer is to conduct an enquiry by considering the written explanation submitted by the
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwh....
Point of law: Petitioners cannot be deprived of their right to property when the assignment had been given by the authority with their eyes wide open. After allowing the petitioners to enjoy the land....
Point of law: Land cannot be utilized for any other purpose, except for grazing cattle as ‘mandabayalu’ and no change of classification of the land in Sy.No.74/3 is for ‘mandabayalu’ into ‘assessed w....
Petitioners have the right to excavate soil from their patta lands but not from tank beds, with due legal process required for any alleged violations.
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
The court affirmed that the issuance of a No Objection Certificate for quarry lease was valid as the petitioners had no title over the disputed land, emphasizing adherence to established guidelines.
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