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2025 DAILYLAW 12975 (AP)

Thota Venkata Ramana v. State of Andhra Pradesh

WP/9527/2020 · 2025-08-03

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010154442020 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9527/2020 Between: 1. THOTA VENKATA RAMANA, THOTA VENKATA RAMANA S/O.SWAMY, AGED ABOUT 44 YEARS, R/O.D.NO.2 VILLAGE, IRRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. 1. STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURTT. 3. THE TAHSIDLAR, IRRAGAVARAM MANDAL, IRRAGAVARAM, WEST GODAVARI DISTRICT. 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 issue an appropriate Writ Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from the land adjacent to bearing D.No.2 38/1, Kakileru Village, Irragavaram Mandal, West Godavari District pending consideration of petitioners application dated 21 favour of the petitioner as arbitrary, illegal, capricious and violative of Article IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9527/2020 THOTA VENKATA RAMANA, THOTA VENKATA RAMANA S/O.SWAMY, AGED ABOUT 44 YEARS, R/O.D.NO.2-38/I, KAKILERU VILLAGE, IRRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURTT. THE TAHSIDLAR, IRRAGAVARAM MANDAL, IRRAGAVARAM, WEST GODAVARI DISTRICT. ...RESPONDENT( 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 issue an appropriate Writ Order or direction more particularly in of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from the land adjacent to bearing D.No.2 38/1, Kakileru Village, Irragavaram Mandal, West Godavari District pending consideration of petitioners application dated 21-03-2020 for grant of patta in favour of the petitioner as arbitrary, illegal, capricious and violative of Article IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THOTA VENKATA RAMANA, THOTA VENKATA RAMANA 38/I, KAKILERU VILLAGE, IRRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURTT. THE TAHSIDLAR, IRRAGAVARAM MANDAL, IRRAGAVARAM, WEST ...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 issue an appropriate Writ Order or direction more particularly in of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from the land adjacent to bearing D.No.2- 38/1, Kakileru Village, Irragavaram Mandal, West Godavari District pending 2020 for grant of patta in favour of the petitioner as arbitrary, illegal, capricious and violative of Article 2 BKM,J W.P.No.9527 of 2020 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner without following the due process of law 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 dispossess the petitioner from the land adjacent to petitioner’s house bearing D.No.2-38/1, Kakileru Village, Irragavaram Mandal, West Godavari District Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.9527 of 2020 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the respondents in trying to dispossess the petitioner from the land adjacent to bearing D.No.2-38/1, Kakileru Village, Irragavaram Mandal, West Godavari District, pending consideration of the petitioner’s application dated 21.03.2020, for grant of patta in favour of the petitioner. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter of the 3rd respondent, submits that the land in an extent of Ac.11.85 cents in R.S.No.207/1A was classified as Grama Kantam land and out of the said total extent, an extent of Ac. 0.16 cents was only proposed for the house site pattas. There is no proposal from the 3rd respondent to dispossess the petitioner from his house in door No.2-38/1, as claimed by the petitioner. The land adjacent to the petitioner’s house is a vacant Grama Kantam land and the petitioner is not in enjoyment of the said land in R.S.No.207/1, which is classified as Grama Kantam land, as per the revenue records. 4. In view of the above said specific averment of the 3rd respondent in her counter, no relief can be granted in this writ 4 BKM,J W.P.No.9527 of 2020 petition, as there is no threat of dispossession and as there is no claim of the petitioner established for grant of patta in a Grama Kantam land. 5. Accordingly, the writ petition is dismissed. 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 04.08.2025 MDP