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2025 DAILYLAW 11842 (AP)

POLAMURI DHANALAKSHMI v. State of Andhra Pradesh

WP/8360/2020 · 2025-09-09

B Krishna Mohan

body2025

Judgment text

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APHC010139192020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8360/2020 Between: 1. POLAMURI DHANALAKSHMI, W/O LATE NARASIMHA MURTHY AGE. 62, R/O. DOOR NO.191/1, SANJEEVI NAGAR, BHIMAVARAM. WEST GODAVARI DISTRICTS ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, AMARAVATHI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRCT, ELURU, WEST GODAVARI DISTRICT 3. THE JOINT COLLECTOR, WEST GODAVARI DISTRCT, ELURU, WEST GODAVARI DISTRICT 4. THE REVENUE DIVISIONAL OFFICER, KOVVUR, WEST GODAVARI DISTRICT 5. THE TAHSILDAR, ATTILI MANDAL, ATTILI, WEST GODAVARI DISTRICT 6. THE VILLAGE REVENUE OFFICER, EDURU GRAM PANCHAYATI, EDURU, ATTILI MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto Pass Writ or direction, more particularly one in the nature of Writ of mandamus, declaring the action of the Respondents 1 to 6 in trying to evict me from my land 2 HBKM,J W.P.No.8360 of 2020 admeasuring Ac.0-75 cents in R.S.No.200/1 of Eduru village, Attili Mandal, West Godavari District, bounded by - East . Land belongs to Katikitala David Raju, South. Land belongs to Darabathula Venkatarao, West . Bode - Road, and on North. Lands of Katikitala David Raju and Kartaka Balaraju, covered by Regd. Sale Deed dated 22-6-2013, vide Doct. No.2008/2013 without following the mandate of law enshrined in Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act 2013 is arbitrary, illegal, capricious and violative of Article 21, 300-A of Constitution of India and Provisions of Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act 2013 and thereby direct the Respondents not to meddle with my possession and enjoyment of my land in any manner Ac.0-75 cents in R.S.No.200/1 of Eduru village, Attili Mandal, West Godavari District, bounded by - East . Land belongs to Katikitala David Raju, South. Land belongs to Darabathula Venkatarao, West . Bode - Road, and on North. Lands of Katikitala David Raju and Kartaka Balaraju, without following due process of law, in the interest of justice. IA NO: 1 OF 2020 Petition under Section 151 CPC 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 not to evict me from my land Ac.0-75 cents in R.S.No.200/1 of Eduru village, Attili Mandal, West Godavari District, covered by Regd. Sale Deed dated 22- 6-2013 vide Doct. No.2008/2013 bounded by - East : Land belongs to Katikitala David Raju, South: Land belongs to Darabathula Venkatarao, West : Bode – Road, and on North: Lands of Katikitala David Raju and Kartaka Balaraju,, to take possession of my land by using force, in any manner, without following due process of law, pending disposal of the main Writ Petition, in the interest of justice. IA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to vacate the interim order granted on 01.05.2020 in W.P.No. 8360 of 2020 and pass Counsel for the Petitioner: 1. G RONALD RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 HBKM,J W.P.No.8360 of 2020 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 8360 of 2020 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. The 4th respondent filed counter affidavit and vacate stay. 2. This writ petition was filed questioning the action of the respondent Nos.1 to 6 in trying to evict the petitioner from the land in an extent of Ac.0.75 cents in R.S.No.200/1 of Eduru village, Attili Mandal, West Godavari District, covered by registered sale deed dated 22.06.2013, vide document No.2008/2013 without following the mandate of law enshrined in Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Now, the learned counsel for the petitioner submits that there is no threat for the petitioner as apprehended in the main relief sought. In view of the said statement made by the learned counsel for the petitioner, the writ petition is disposed of observing that no orders are necessary in this matter. However, whenever, fresh cause of action arises, it is always open for the petitioner to take appropriate remedy under law. 4 HBKM,J W.P.No.8360 of 2020 4. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN Dt: 10.09.2025 sj 5 HBKM,J W.P.No.8360 of 2020 68 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO. 8360 of 2020 Dt: 10.09.2025 sj