Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 10093 (AP)

Kasa Chandra Sekhar Babu v. State of Andhra Pradesh

WP/6983/2020 · 2025-03-05

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6983 OF 2020 Between: Kasa Chandra Sekhar Babu, S/o. Subbarayudu, Aged Cultivation 70 Years, Occ; Near Osman Nagar, R/o. D.NO.4/70-A2, Sivaji Nagar, Rajampet Post and Mandal, Y.S.R. Kadapa District ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. ' ^ 2. District Collector, Y.S.R. Kadapa District at Kadapa. 3. Revenue Divisional Officer, Rajampet Revenue Division Y.S.R. Kadapa District. 4. Tahsildar, Penagalur Mandal, Y.S.R. Kadapa District. Rajampet ...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 may a writ, order'or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of insisting petitioner to vacate from'his agricultural land of Ac. Survey No. 337/2 of Tirumalarajupeta Village in Rajampeta Mandal of Y.S.R. Kadapa District, assigned by way of D-Form Patta in his favour, without following any known procedure established respondents in 2.94 Cents in by law and without there being any authority or sanction of law, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14, 21 and 300-A of Constitution of India and interfere in consequently direct the respondents not to any manner with petitioner's enjoyment over the said lane property. peaceful possession and lA NO: 1 OF 2070 Petition under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondents not praying that in the circumstances to interfere with petitioner's peaceful possession and enjoyment over his agricultural land of Ac. Survey No. 337/2 of Tirumalarajupeta Village Y.S.R. Kadapa District, pending disposal of the 2.94 Cents in in Rajampeta Mandal of main writ petition. Counsel for the Petitioner: M/s; NlMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010113482020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3505] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6983/2020 Between: ...PETITIONER Kasa Chandra Sekhar Babu AND ...RESPONDENT(S) State of Andhra Pradesh and others Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2 The Court made the following order: The petitioner claims that he is absolute owner and possessor of land admeasuring an extent of Ac.2.94 cents in Sy.No.337/2 of Tirumalarajupeta Village in Rajampeta Mandal of YSR Kadapa District, by virtue of proceedings in DKT No.579/78, dated 14.11.1970, issued by the 4^^ respondent. He further claims that he has been in continuous possession and 'enjoyment of the said land and cultivating it for his livelihood. He further states that he has obtained crop loan from Rajempet Co-operative Land Mortgage Bank, Rajempet. The petitioner further contends that the 4*'^ respondent 2. started visiting the subject land, conducting survey, and made certain markings thereon. When the same was questioned, the petitioner was informed that the subject land is required for distribution of house sites under Navaratnalu Pedalandariki lllu scheme and the respondents insisted him to vacate the subject th land. The petitioner further contends that on 04.03.2020, the 4 respondent and his staff visited the subject land and directed him to vacate without issuing any prior notice. Aggrieved by the said action, the present writ petition came to be filed. Cl.-.- 3 On the other hand, the 4^^ respondent filed counter affidavit 3. stating that the land in dispute is classified as dotted land and has been identified for distribution of house site pattas under the said scheme. It is further averred in the counter that the petitioner is not in possession of the subject land. On appreciation of the material placed on record, it is clear 4. that the petitioner was assigned the subject land by virtue of DKT pattas on 14.11.1970. Further, on careful perusal of the averments made in the counter affidavit it is clear that the respondents have not disputed the issuance of pattadar passbook in favor of the petitioner. On perusal of counter affidavit it is clear that the subject 5. lands are classified as dotted lands in revenue records. While ordering notice, this Court by order dated 20.03.2020, directed the parties to maintain status quo existing as on that date with regard to possession of the subject lands for a period of six (06) weeks. It is represented by the learned Assistant Government Pleader that, in view of the interim orders passed by this Court, the respondent have not taken further action in the matter. 4 6. Taking into consideration of the facts and oircumstances of the case, to meet the ends of justice, this Court feels that it is appropriate to dispose of the writ petition by directing the respondents not to dispossess the petitioner from the land admeasuring an extent of Ac.2.94 cents in Sy.No.337/2 of Tirumalarajupeta Village in Rajampeta Mandal of YSR Kadapa District, except in accordance with law. 7. With the above direction, the present writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Y.S.R. Kadapa District at Kadapa. 3. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet Y.S.R. Kadapa District. 4. The Tahsildar, Penagalur Mandal, Y.S.R. Kadapa District. 5. One CC to M/s.Nimmagadda Revathi, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb ▼ HIGH COURT DATED:05/03/2025 ORDER WP.No.6983 of 2020 DISPOSING OF THE W.P. WITHOUT COSTS