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2025 DAILYLAW 10729 (AP)

Kunchala Veera Brahmaiah v. The State of Andhra Pradesh

WP/6627/2025 · 2025-09-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6627 OF 2025 ORDER:- 1. The writ petition is filed under Article 226 of the Constitution of India to declare the action of the 4th respondent in not handing over the leased land of an extent of Ac.0.125 cents in Sy.No.997/1 and Ac.0.585 cents in Sy.No.1187 of Santhanuthalapadu village and mandal, Prakasam District, inspite of execution of lease deed dated 05.10.2024 in favour of the petitioner as illegal, arbitrary and consequently direct the 4th respondent to handover the leased land. 2. Learned counsel for the petitioner submits that the petitioner was granted leasehold rights over land measuring Ac.0.125 cents in Sy.No.997/1 and Ac.0.585 cents in Sy.No.1187 of Santhanuthalapadu Village and Mandal, Prakasam District, pursuant to Resolution No.12 dated 05.10.2024 of the Gram Panchayat, whereby the land was leased to the petitioner for a period of five years, at a lease amount of ₹1,000/- per parcel of land. Although the petitioner duly paid the lease amounts, which were accepted by the 4threspondent, the possession of the subject land has not been handed over to the petitioner, allegedly due to one 2 NV,J W.P.No.6627 of 2025 reason or another. Aggrieved by this inaction, the petitioner has filed the present writ petition. 3. Learned Standing Counsel for the Santhanuthalapadu Gram Panchayat submitted written instructions issued by the Panchayat Secretary, wherein it is stated that the Gram Panchayat passed Resolution No.12 dated 05.10.2024, resolving to hand over the leased land to the petitioner in accordance with the terms of lease deed executed between the petitioner and the Gram Panchayat. Considering the statement of executive authority for readiness to implement Resolution No.12, the learned Standing Counsel requested to close the writ petition. 4. Considering the submissions made by learned counsel for the petitioner, learned Standing Counsel for the Gram Panchayat and on perusal of the material available on record, the fact remains that, the 4th respondent gram panchayat passed a Resolution No.12 dated 05.10.2024, granting lease over the subject property for a period of five years. The same was also accepted by the petitioner and the petitioner paid Rs.30,000/- to the gram panchayat as security deposit on the same date of passing resolution i.e. 05.10.2024. In view of the instructions 3 NV,J W.P.No.6627 of 2025 submitted by the 4th respondent gram panchayat that the gram panchayat is going to hand over the subject property to the petitioner in terms of the resolution dated 05.10.2024, this Court deems it appropriate to direct the 4th respondent – Gram Panchayat to handover the subject land to the petitioner, pursuant to the resolution dated 05.10.2024, within a period of four weeks from the date of receipt of copy of this order. 5. With the above direction, writ petition is disposed of. 6. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:25.09.2025 SP 4 NV,J W.P.No.6627 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6627OF 2025 Date: 25.09.2025 W SP