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2025 DAILYLAW 12895 (AP)

GOPAVARAM RAJAGOPAL v. THE STATE OF ANDHRA PRADESH

WP/8053/2025 · 2025-03-27

Venkateswarlu Nimmagadda

body2025

Judgment text

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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: 1. This Writ Petition is filed under Article 226 of the Constitution of India 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...” 2. 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. 3. 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:- “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. 5. 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 the 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 copy 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. 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 27.03.2025 kkllkk 247 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8053 of 2025 27.03.2025 kkllkk