GOPAVARAM RAJAGOPAL v. THE STATE OF ANDHRA PRADESH
WP/8053/2025 · 2025-03-27
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12883 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12883 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:
OF 2025 Between: Gopavaram Rajagopal, S/o.Krishnaiah Aged 43 Gopavaram Village, Gopavaram Mandal Pradesh. years, R/o.1-42, Pedda YSR Kadapa District, Andhra ...PETITIONER AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Coilector, YSR Kadapa District, Kadapa Andhra Pradesh
3. The Revenue Divisionai Officer, Badvel, YSR Kadapa District Pradesh
4. The Tahsildar, Gopavaram Mandal, YSR Kadapa District, AP Andhra ...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 a writ, order or direction more particularly a writ of Mandamus declaring the action of the one in the nature of Respondent No.4 i in trying to lay a road in patta land bearing survey No 1994- 4A of Pedda Gopavaram Village, Gopavaram Mandal, YSR Kadapa District, Andhra Pradesh is illegal, arbitrary, unjust and violative of Art.300-A of the Constitution of India. lA NO: 1 OF 2Q7R Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the respondent no.4 not to lay a road in Sy.No.1994-4A of Pedda Gopavaram Viilage, Gopavaram Mandai, YSR Kadapa District, Andhra Pradesh pending disposal of the above writ petition. Counsel for the Petitioner: SRI D KODANDARAMI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER REDDY
w APHC010153232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY .THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8053/2025 Between: Gopavaram Rajagopal ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.D KODANDARAMI REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India
1.
seeking the following relief;
“to issue a writ order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the Respondent No. 4 in trying to lay a road in patta land bearing survey No. 1994 4A of Pedda Gopavaram Village Gopavaram Mandal YSR Kadapa District Andhra Pradesh is illegal arbitrary unjust and violative of Art 300A of the Constitution of India and to pass such other order or orders...”
f The case of the petitioner is that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac. 1.10 cents in Sy. No. 1994-4A, Gopavaram Mandal, YSR Kadapa District and having acquired the same from his mother, who was the original assignee. The petitioner and his family members have been in continuous possession and enjoyment of the subject land. While things stood thus, the 4th respondent is trying to interfere with the petitioner’s peaceful possession and enjoyment of the subject property on the grounds of laying a road through the petitioner’s land. Hence, the writ petition. 2. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that a notice was issued by the respondents on 18.03.2025, wherein it is stated that:-
3. “There is a notified rastha exists in Sy. No. 1994-4, but the petitioner has erroneously occupied the subject land despite obtaining a title deed and freehold rights under section 35 of 2023, LANDS (PROHIBITION OF TRANSFERS) ACT 1977. Furthermore, the petitioner has been restricting public ingress and egress through the notified rastha. As such, the respondents issued the notice, calling upon the petitioner to submit an explanation, objections, and claims over the subject property”. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. Having considered the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of tbe material available on record, the present writ petition is disposed of by directing the petitioner to submit an explanation to the notice issued by the 4th respondent dated 18.03.2025 within a period of two (02) weeks from the date of receipt of a of this order, along with documents proving title and possession over the subject property.
Upon receiving the explanation and supporting documents, the 4th respondent shall consider the same and provide an opportunity of hearing to the petitioner and other stakeholders, if any, within a period of two (02) months thereafter. In the meanwhile, the respondents are directed to maintain status-quo obtaining as on today in respect of the subject property. 5. copy the above said direction, the Writ Petition is disposed of. There
6. With shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- G. HELA NAIDU ASSISTANT, REGISTRAR //TRUE COPY// rOFfICER SEC To,
1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District, Kadapa Andhra Pradesh
3. The Revenue Divisional Officer, Badvel, YSR Kadapa District Andhra Pradesh
4. The Tahsildar, Gopavaram Mandal, YSR Kadapa District, AP
5. One CC to Sri D Kodandarami Reddy, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies TF
•ft HIGH COURT DATED;27/03/2025 ORDER WP.No.8053 of 2025 1 o g 2 5 AM 2025 . Current Seotion DISPOSING OF THE W.P., WITHOUT COSTS