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2025 DAILYLAW 10756 (AP)

GUNAGANAPALLE PRATHAP REDDY v. THE STATE OF AP

WP/6637/2025 · 2025-03-18

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010122972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6637/2025 Between: Gunaganapalle Prathap Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6637/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.5 in interfering and trying to dispossess the petitioner from the peaceful and enjoyment of the agriculture lands an extent of Ac.4.00 Acres in Survey Nos.221 and 363 of Poorva Bommepalle Village Fields, Jammalamadugu Mandal, YSR (Kadapa) District is arbitrary, illegal, without jurisdiction, in violation of the procedure contemplated in the law and also in violation of principles of natural justice and consequently direct the respondents not to interfere and dispossess the petitioner from the peaceful possession and enjoyment of the agriculture lands an extent of Ac.4.00 Acres in Survey No.221 and 363 of Poorva Bommepalle Village Fields, Jammalamadugu Mandal, YSR (Kadapa) District and pass such other order.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner has been in peaceful possession and enjoyment of the land admeasuring to an extent of Ac.4.00 cents in Sy.Nos.221 and 363 of Poorva Bommepalle Village Fields, Jammalamadugu Mandal, YSR (Kadapa) District. While things stood thus, respondent No.5 issued a notice under Section 7 of the A.P. Land Encroachment Act directing the petitioner to submit his explanation. Later, the sub- 3 ordinates of respondent No.5 are threatening the petitioner to vacate from the subject property. Hence, the Writ Petition. 4. Learned Assistant Government Pleader for Revenue submits that if the petitioner submits his explanation to the notice dated 06.03.2025, the respondents will consider and dispose of the same within a reasonable time. 5. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. This Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit his explanation to the notice dated 06.03.2025, within a period of three(3) weeks from the date of receipt of copy of this order. After receipt of the said explanation, the 5th respondents shall consider the same and pass a speaking orders, after providing opportunity of hearing to the parties concerned, within a period of two(2) months thereafter. Till then, the respondents are directed to maintain status-quo obtaining as on today. 1 2019 (8) SCALE 544 4 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.03.2025 TTPPSS 5 503 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6637 of 2025 18.03.2025 TTPPSS