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2025 DAILYLAW 15766 (AP)

K JAYANTHI v. The State of Andhra Pradesh

WP/12470/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12470 OF 2025 Between: K Jayanthi, W/o K.Murali Krishna, R/o D-No-G-3,Block no.6, Indiramma Coloney, Raminadu, Tiruchanur post, Tirupathi Plural Mandalam Tirupathi District. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Revenue divisional officer, Tirupathil, Tirupahi District. 4. The Tahsildar, Tirupathi Rural Tirupathi District. 5. The Village Revenue Officer, Daminedu Village, Tirupathi Rural Mandal Tirupathi District ...Respondents 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 or direction more particularly one in the nature of Writ of Mandamus, declaring the standing orders issued by the 4th respondent dated 4-3-2025 through Roc B/39/2025 Under section 6 of the Andhra Pradesh Act III of 1905 in so far as the land belonging to the % petitioner in an extent of 44 sq yards and 100 sq. yards total extent of 144^ sq. yards at survey No 208/2 of Daminedu Village, Tiruchanur Panchayat, Tirupathi Rural, Renigunta sub-division, Tirupathi District purchased by the petitioner vide document No.8464 of 2023 and 8466 of 2023 dated 11-12- 2023 at SRO Renigunta, Tirupathi District illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed to the petitioner under Article 21 of the Constitution of India and Constitutional right guaranteed to the petitioner of Constitution of India and consequently set side and quash the as not applicable to the property purchased by the petitioner in an extent of 44 sq yards and 100 sq. yards total extent of 144 sq. yards at survey No 208/2 of Daminedu Village, Tiruchanur Panchayat, Tirupathi Rural, Renigunta sub-division, Tirupathi District purchased by the petitioner vide document No.8464 of 2023 and 8466 of 2023 dated 11-12- 2023 at SRO Renigunta, Tirupathi District and. further direct the 5th respondent not to implement standing orders issued by the 4th respondent. Dated 4-3- 2025 through Roc B/39/2025 Under section 6 of the Andhra Pradesh Act III of 1905 , in so far as the land belonging to the petitioner. same lA NO: 1 OF 2025 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 5'*^ respondent not to implement standing orders by the 4‘' respondent, dated 4-3-2025 through Roc B/39/2025 under section 6 to the Andhra Pradesh Act III of 1905 issued by the 4*^ respondent in so far as the land belonging to the petitioner in an extent of 44 sq yards and 100 sq yards total extent of 144 sq yards at survey No. 208/2 of Daminedu village Tiruchanur Panchyat, Tirupathi Rural Renigunta Sub Division, Tirupathi District purchased by the Petitioner vide document No. 8464 of 2023 and 8466 of 2023 dated 11/12/2023 at SRO renigunta, Tirupathi District pending disposal of the main writ petition % Counsel for the Petitioner: SRI. HARISH KUMAR.T Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010202902025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0|^!0 [3329] THURSDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12470/2025 Between: K Jayanthi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.HARISH KUMAR.T Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 \ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12470/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the standing orders issued by the 4^ respondent dated 04.03.2025 through Roc.B/39/2025 under Section 6 of the Andhra Pradesh Act III of 1905 in so far as the land belonging to the petitioner in an extent of 44 sq. yards and 100 sq. yards total extent of 144 sq. yards at survey No.208/2 of Daminedu Village, Tiruchanur Panchayat, Tirupathi Rural, Renigunta sub-division, Tirupathi District purchased by the petitioner vide document No. 8464 of 2023 and 8466 of 2023 dated 11.12.2023 at SRO Renigunta, Tirupathi District illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed to the petitioner under Article 21 of the Constitution of India and Constitutional right guaranteed to the petitioner and consequently set side and quash the same as not applicable to the property purchased by the petitioner in an extent of 44 sq. yards and 100 sq. yards total extent of 144 sq. yards at survey No.208/2 of Daminedu Village, Tiruchanur Panchayat, Tirupathi Rural, Renigunta sub-division, Tirupathi District purchased by the petitioner vide document No. 8464 of 2023 and 8466 of 2023 dated 11.12.2023 at SRO Renigunta, Tirupathi District and further direct the 5^^ respondent not to implement standing orders issued by the 4’^ respondent dated 04.03.2025 through Roc.B/39/2025 Under section 6 of the Andhra Pradesh Act III of 1905 in so far as the land belonging to the petitioner and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3 3. Learned counsel for the petitioner submits that the * petitioner constructed a house in the subject property and he has been paying house tax to the Panchayat. While things stood thus, the 4**^ respondent issued the impugned proceedings dated 04.03.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. If the 5'*^ respondent executes the orders of the 4'*^ respondent, the petitioner will be deprived of dwelling house. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents submits that if the petitioner submits her explanation, the respondents will consider the same and pass appropriate orders within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit her explanation to the respondents within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the respondents more particularly the 4^'^ respondent is directed to consider the explanation and pass appropriate orders, after conducting a detailed enquiry and after providing opportunity of hearing to the parties concerned, within a period of two(2) months thereafter. Till then, status-quo obtaining 4 as on today shall be maintained by the respondents in respect of the possession of the petitioner’s subject property. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAI^ //TRUE COPY// SE(^T^OFFICER To, 1. The State of Andhra Pradesh, rep.by its Principal Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Revenue divisional officer, Tirupathil, Tirupahi District. 4. The Tahsildar, TirupathiRral Tirupathi District. 5. The Village Revenue Officer, Daminedu Village, Tirupathi Rural Mandal Tirupathi District 6. One CC to Sri. Harish Kumar.T Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC fc-J HIGH COURT DATE 0:08/05/2025 03 7n7S ?•. Current Section * ^^£^SPATC«'e5s^ X m ORDER WP.No.12470 of 2025 DISPOSING THE WP WITHOUT COSTS