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2025 DAILYLAW 14211 (AP)

Akkala Swamy Reddy v. The State of Andhra Pradesh

WP/10955/2020 · 2025-06-19

T C D Sekhar

body2025

Judgment text

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APHC010173082020 IN THE HIGH COURT OF ANDHRA PR AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10955 OF 2020 Between: 1. Akkala Swamy Reddy, S/o. Lakshma Reddy, aged about 55 years, R/o. H.NO.13-105A, Sarvodaya Colony, Vetapalcm, Prakasam District, Andhra Pradesh - 523187 2. Akkala Srinu, S/o. Polireddy, Aged about 50, R/o. H.No. 13-1360, Sarvodaya Colony, Vetapalem, Prakasam District, Andhra Pradesh - 523187 ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Revenue Department, 4th Block, Ground Floor, Room No. 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The Dist Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The Joint Collector, Ongole, Prakasam District, Andhra Pradesh. 4. The Revenue Divisional Officer, Ongole, Prakasam District. 5. The Tahsildar, Vetapalem, Prakasam District, Andhra Pradesh. 6. The Grama Panchayeti, Vetapalem Md, (Ravuripeta) Ongole, Prakasam District, Andhra Pradesh. ...RESPONDENTS 4 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 to issue a Writ Order of direction particularly, one in the nature of Writ of Mandamus declaring the action of the respondents on unauthorized interference with the petitioner's peaceful possession and enjoyment of lands to an extent of Ac 2.48 cents respectively (Ac. 1.28 Cents and 1.20 cents dry land each) situated vide D.Dis DK 164 of 2000, in survey No 285/1 and D.Dis DK 164 of 2000, in survey No 285/1 situated the both lands Vetapalem (Ravuripcta) Village and Manda as illegal, arbitrary and violation of principles of natural justice and also Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess except in accordance with law. lA 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 their lands to extent of Ac 2.48 cents respectively (Ac. 1.28 Cents and 1.20 cents dry land each ) situated vide D.Dis DK 164 of 2000, in survey No 285/1 and D.Dis DK 164 of 2000, in survey No 285/1 situated the both lands Vetapalem (Ravuripeta) Village and Manda, except in accordance with law. lA NO: 2 OF 2020 Between; 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Revenue Department, 4‘^ Block, Ground Floor, Room No.135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The Dist Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The Joint Collector, Ongole, Prakasam District, Andhra Pradesh. 4. The Revenue Divisional Officer, Ongole, Prakasam District. 5. The Tahsildar, Vetapalem, Prakasam District, Andhra Pradesh. an ...PETITIONERS/RESPONDENTS AND 1. Akkala Swamy Reddy, S/o. Lakshma Reddy, aged about 55 years, R/o. H.NO.13-105A, Sarvodaya Colony, Vetapalcm, Prakasam District, Andhra Pradesh - 523187 Akkala Srinu, S/o. Polireddy, Aged about 50, R/o. H.No. 13-136C, Sarvodaya Colony, Vetapalem, Prakasam District, Andhra Pradesh - 523187 2. ...RESPONDENTS/PETITIONERS The Grama Panchayeti, Vetapalem Md, (Ravuripeta) Ongole, Prakasam District, Andhra Pradesh. (Respondent No.3 is not necessary party in this petition) 3. ...RESPONDENT/RESPONDENT 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 vacate the interim orders dated 07-07-2020 in WP No. 10955 of 2020. Counsel for the Petitioners: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010173082020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY JHE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10955/2020 Between: Akkala Swamy Reddy and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.JADA SRAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 ORDER: The only grievance of the petitioners is that the respondents are trying to dispossess the petitioners from the land 1. an extent of Ac.2.48 cents in Survey No.285/1 of Vetapalem Village and Mandal, Prakasam District, without issuing notice and without following the procedure contemplated under law. This Court by order dated 07.07.2020, directed the 2. respondents not to dispossess the petitioners from the subject land without following the procedure contemplated under law. The said order is subsisting as on today. 3. The 5*'" respondent filed counter affidavit stating that pursuant to the interim order, notice dated 18.07.2020 was issued to the petitioners as to why they shall not be dispossessed from the subject land. Thereafter, the respondents could not proceed with the notice in view of the interim order. Having considered the submissions made by both the counsel, this Court feels that, it is appropriate to dispose of the present petition by directing the petitioners to submit explanation to the show cause notice issued by the 5*^ respondent within a 4. k kJ-> 3 period of four (4) weeks from the date of receipt of a copy of this ■order. Upon furnishing such explanation, the 5 further directed to consideration of the said explanation within th respondent is pass appropriate orders after taking a period of four (4) weeks thereafter. It is needless to mention that, before passing any order in the matter, the 5‘" respondent shall afford opportunity of being heard to. the petitioners. 5. With the above observations, the disposed of. There shall be no order as to costs. present writ petition is As a sequel, pending applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Revenue Department, State of Andhra Pradesh, 4‘^ Block, Ground Floor, Room No. 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The Dist Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The Joint Collector, Ongole, Prakasam District, Andhra Pradesh. 4. The Revenue Divisional Officer, Ongole. Prakasam District. 5. The Tahsildar, Vetapalem, Prakasam District, Andhra Pradesh. 6. The Grama Panchayeti, Vetapale District, Andhra Pradesh. Md, (Ravuripeta) Ongole, Prakasam m 7. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] 8. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh 10. Two CD Copies [OUT] ssb I 'vrT? HIGH COURT DATED:20/06/2025 ORDER WP No.10955 OF 2020 of ANDH^^ ^ ?tm 2025 m Co 3. Current Seciion ^ DISPOSING OF THE W.P. WITHOUT COSTS