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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVAT^^=^-; (Special Original Jurisdiction) - FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE lO § O f: 0 ^ \ PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13507 OF 2020 Between: Kandukuri Sridhar, S/o. Venkateswara rao, Age 39 years, Occ. Kirana Shop, R/o. Do. No. 1-86/1, Ampapuram Village, Bapulapadu Mandal, Krishna District. - ...Petitioner AND State of Andhra Pradesh, rep. by its Principal Secretary, Kevenue Department, Secretariat, at Amaravathi, Guntur District. The District Collector, Chilakalapudi, Machilipatnam, Krishna District. The Tahasildar, BapulapadUvMandal, Krishna District. The Grampanchayath Ampapuram, Rep. by its Secretary, Ampapuram Village, Bapulapadu Mandal, Krishna District. The Village Revenue Officer, Ampapuram Village, Bapulapadu Mandal, Krishna District. 1. 2. 3. 4. 5. ...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 an Order, Direction or Writ, more particularly Writ of Mandamus, declaring the action-of the respondent Nos. 2 to 5 in trying to dispossess the Petitioner from the'subject land admeasuring 200 Sq. yds in Sy. No. 294/2 with H. No. 1-86/1, adjacent national high way facing situated at Ampapuram Village, Bapulapadu Mandal in Krishna District, without issuing any notice, without following due process of law, as illegal, arbitrary, against the provisions of Act 30 of 2013, violation of principles of
law and against settled principles of law and consequently direct the respondents not to dispossess the Petitioner from the subject land admeasuring 200 Sq. yds in Sy. No. 294/2 with H.No. .1-86/1, adjacent national high way facing situated at Ampapuram Village, Bapulapadu Mandal in Krishna District r 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 subject land admeasuring 200 Sq. yds in Sy.
No. 294/2 with H.No. .1-86/1, adjacent national high way facing situated at Ampapuram Village, Bapulapadu Mandal in Krishna District, pending disposal of main Writ Petition IA NO: 1 OF 2023 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 grant leave to the petitioner herein/respondent no.4 in WP.No.13507 of 2020 to file counter affidavit in the above writ petition Counsel for the Petitioner: M/S, KALLA TULASI DURGAMBA Counsel for the Respondents No.1 to 3, 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI N SRIHARI The Court made the following: Order
APHC010206322020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] 0^ FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13507/2020 Between: Kandukuri Sridhar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. KALLA TULASI DURGAMBA Counsel for the Respondent(S):
1.GP FOR REVENUE
2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)
The Court made the following order: The present Writ Petition is filed questioning the action of the respondents 2 to 5 in trying to dispossess the petitioner from the land, admeasuring an extent of Ac.0.02 cents in R.S.No.294-2, bearing house No. 1-86, adjacent to National Highway facing, situated at Ampapuram Village, Bapulapadu Mandal, Krishna District, without issuing any notice and without following due procedure contemplated under law. 2. It is the case of the petitioner that he is in possession and enjoyment of the subject land since fifteen years, by running a Kirana shop therein and eking out his livelihood. It is further case of the petitioner that he also obtained electricity connection and also obtained trade license dated 12.03.2020 from the concerned authority.
It is further case of the petitioner that the Panchayat Secretary also confirmed the possession of the petitioner over the land in dispute and issued possession certificate on 11.08.2013. The said certificate is filed along with the writ petition. It is stated that the respondents tried to dispossess the petitioner from the subject land without issuing notice and without following due process of law. Questioning the said action, the present writ petition is filed. 3. On the other hand, learned Standing Counsel appearing for the 4*^ respondent would submit that the subject land is classified as Donka poramboke” and the petitioner illegally occupied the without any manner of right. same
4. Heard learned counsel for the petitioner, learned Standing Counsel for the 4'^ respondent and learned Assistant Government Pleader for Revenue. 5. Perused the material available on record. 6. It is not in dispute that the petitioner is in possession of the subject land and in respect of his claim he relied on possession certificate, electricity bills and trade license issued in his favour. It is the case of the 4'^ respondent that, the petitioner is in illegal occupation of subject land. Admittedly, the petitioner is in possession of the land in dispute. If the respondents want to take action against the petitioner, the same has to be done in accordance with law. Taking into consideration of the submissions made by both counsel, this Court feels that it is appropriate to dispose of the
7. present writ petition, by directing the respondents not to dispossess the petitioner from the subject land, except in accordance with law. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTION OFFICER I //TRUE COPY// To The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, at Amaravathi, Guntur District. The District Collector, Chilakalapudi, Machilipatnam, Krishna District. The Tahasildar, Bapulapadu Mandal, Krishna District.
The Secretary, Ampapuram Grampanchayath, Ampapuram Village, Bapulapadu Mandal, Krishna District. The Village Revenue Officer, Ampapuram Village, Bapulapadu Mandal, Krishna District. One CC to M/S. KALLA TULASI DURGAMBA Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] Three CD Copies
1. 2. 3. 4. 5. 6. 7. 8. gsg
9 HIGH COURT DATED: 09/05/2025 ORDER WP.No.13507 of 2020 ^2 9 JUL 2025 jp nntSectigaX*^ Co DISPOSING THE WP WITHOUT COSTS