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2025 DAILYLAW 11733 (AP)

SHAIK MASTHAN VALI v. The State of Andhra Pradesh,

WP/7247/2024 · 2025-03-26

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7247 OF 2024 Between: Shaik Masthan Vali, S/o. Shaik Jhon, aged 35 Years, Occ; Business, R/ o. H. No. 6-91, Perali Village, Karlapalem Mandal, Bapatia (Guntur) District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, PR and RD Department, Velagapudi, Amaravathi. The District Collector, Bapatia District, Bapatia. The Tahsildar, Karlapalem Mandal, Bapatia District. The sub Inspector of police, Karlapalem police station. Allabakshu, S/o. Shaik Babavali, aged 35 years, R/o. Perali Village, Karlapalem Mandal, Bapatia (Guntur) District. Sk. Babavali, S/o. Khaza Ahmad, aged 60 years, R/o. Perali Village; Karlapalem Mandal, Bapatia (Guntur) District 2. 3. 4. 5. 6. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus directing the 16.12.2023, there Respondents 2 to 4 to consider of the Representation dt. by seeking to protect the petitioner and their family including DKT patta house from the unofficial respondents in the interest of justice by declaring the Respondents' arbitrary action is being illegal, highhanded and violative of the Articles 14, 21 and 300-A of the Constitution of India. ‘t: lA NO: 1 OF 2024 .. >■ Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents- 2 to 4 to consider the representation/ complaint against the unofficial respondents in order to protect the petitioner and their family members including DKT patta house from the unofficial respondents pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI DAMMALAPATI GURAVAIAH CHAUDARV Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL dev Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME Counsel for the Respondent Nos. 5 & 6: — The Court made the following: ORDER 0 • APHC010136512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7247/2024 Between: Shaik Masthan Vali ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DAMMALAPATI GURAVAIAH CHAUDARY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the foljowing: 0 \ / order- This writ petition is filed under Article 226 of the Constitution seeking the following relief; “to issue a Writ of Mandamus directing the Respondents 2 to 4 to consider of the Representation dt 16.12.2023 there by seeking to protect the petitioner and their family including DKT patta house from the unofficial respondents in the interest of justice by declaring the Respondents arbitrary action is being illegal highhanded and violative of the Articles 14 21 and 300A of the Constitution of India of India. Learned counsel for the granted government land of petitioner submits that, the petitioner was an extent of Ac.9-47 cents in Sy.No.596, Perali Village. Karlapalem Mandal, Bapatla. Guntur District under DKT colony. It is alleged that the unofficial patta in ST respondents are interfering with the several representations to the no action has been taken. Hence, the writ petition. possession of the petitioner. Inspite of making official respondents. Respondent No. 3 ■■ Tahsildar, Karlapalem filed detailed counter affidavit denying the allegations made by the petitioner. In Paragraph No.4 of the counter affidavit, it is submitted that. on the representation made by the petitioner, a detailed enquiry was conducted into the matter and the J enquiry or any other persons have not enquiry also revealed that there are some personal disputes between the petitioner and unofficial Hence the petitioner has filed this writ petition with false allegations. revealed that the unofficial respondents oncroached the petitioner’s house. The respondents. Learned Assistant Government Pleader for Assignment submits that, the petitioner came to Perali Village on 04.03.2024 along with his mother to receive widow pension of his mother and left on the same day, as such, the petitioner was not in the village. He submits that the respondents would follow due process of law and requested to pass appropriate orders. The petitioner contends that the unofficial respondents are interfering into the property of the petitioner and trying to sell the same with the help of the official respondents. But, the same is denied in the counter affidavit. If the petitioner is in possession of the subject property, the respondents directed not to dispossess the petitioner from the subject property, except by due process of law. Therefore, if the respondents intend to interfere with the possession of the subject property of the petitioner, they shall follow due process of law, but not otherwise. are With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. Sd/- U.SRl DEVI assistant register C^NOfnCER //TRUE COPY// SE To, Amaravam”^' Department, Velagapudi 2. The District Collector, Bapatia District, Bapatla. 3. The Tahsildar, Karlapalem Mandal, Bapatla District. 4. The sub Inspector of police, Karlapalem police station. 5. One CC to Sri Dammalapati Guravaiah Chaudary Advocate [OPUC] s Sr Panchayat Raj Rural Dev, High Court of Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies Andhra TF ■ %■ HIGH COURT DATED:26/03/2025 ORDER WP.No.7247 of 2024 CurremSM'l?" ’x o DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS