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2025 DAILYLAW 17450 (AP)

DASARI BANGARAIAH v. THE STATE OF AP

WP/15659/2020 · 2025-06-18

T C D Sekhar

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Judgment text

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APHC010237432020 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) yc> THURSDAY, THE NINETEENTH DAY OF JUNE i&m (P TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15659 OF 2020 -o > Oi \o ^PlH Between: Dasari Bangaraiah, S/o. Velugondaiah, Age. 58, R/o.Shivarayunipeta, Kakarla Panchayath, Marripudi Mandal, Prakasam District. ...Petitioner AND 1. The State of AP, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velgapudi 2. The District Collector, Prakasam, Prakasam District 3. The Revenue Divisional Officer, Kandukuru, Prakasam 4. TheTahasildar, Marripudi Mandal,Prakasam District District ...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 to issue an order or direction more particularly Writ of Mandamus declaring the action of the one in the nature of respondents in trying to land Ac.4.92 Mandal, Prakasam dispossess the petitioner from the agricultural land admeasuring cents in Survey No.285-2, Kakarla Village, Marripudi District without issuing any notice and without following the procedure contemplated under law as illegal, contrary to law, arbitrary, against the principles of natural justice, and violation of Article 14 of the constitution of / India and consequently direct the 2 to 4th respondent authorities dispossess the petitioner from the agricultural land admeasuring land Ac.4.92 cents in Survey No.285-2, Kakarla Village, Marripudi Mandal, Prakasam District. not to 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 2 to 4th respondents not to dispossess the petitioner from the agricultural land admeasuring land Ac.4.92 cents in Survey No.285-2, Kakarla Village, Marripudi Mandal, Prakasam District pending disposal Petition. of the Writ \A NO: 2 OF 2020 Between: 1. The State of AP, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velgapudi 2. The District Collector, Prakasam, Prakasam District 3. The Revenue Divisional Officer, Kandukuru, Prakasam District 4. The Tahasildar, Marripudi Mandal,Prakasam District ...PETITIONERS/RESPONDENTS AND Dasari Bangaraiah, S/o. Velugondaiah, Age. 58, R/o.Shivarayunipeta, Kakarla Panchayath, Marripudi Mandal, Prakasam District. ...RESPONDENT/PETITIONER 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 order granted on 03.09.2020 in WP.No. 15659 of 2020 and dismiss the writ petition. Counsel for the Petitioner; SMT. MARELLA RADHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 APHC010237432020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15659/2020 Between; Dasari Bangaraiah ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.MARELLARADHA Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following order: The petitioner claims that he was assigned land admeasuring an extent of Ac.4.92 cents in Sy.No.285-2 of Kakarla Village, Marripudi Mandal, Prakasam District by proceedings in D.Dis.No.358/87, dated 14.01.1978. It is further case of the petitioner that, since the date of assignment, he is in peaceful possession and enjoyment of the subject land and eking out his livelihood by doing agricultural operations. While so, the 4^^ respondent visited the subject land on 21.08.2020, and directed the petitioner to vacate from the same, so as to allot the subject land towards the house pattas for the eligible beneficiaries under Navaratnalu Pedalandariki llu Scheme. Despite showing the DKT patta granted in favour of the petitioner, the 4*'' respondent continuously tried to interfere with the possession of the petitioner. Questioning the said action, the present Writ Petition is filed. 2. On the other hand, the 4 respondent filed counter affidavit stating that he did not visit the subject land on 21.08.2020, as alleged by the petitioner, and did not interfere with the possession of the petitioner over the subject land. It is further stated in the counter affidavit that the subject land was never proposed for grant of house site pattas to the eligible beneficiaries. Having considered the submissions of both the learned counsel and having perused the pleadings in the instant petition, this Court is inclined to dispose of the writ petition with following order: 3. “The respondents are directed not to dispossess the petitioner from land admeasuring an extent of Ac.4.92 cents in Sy.No.285-2, Kakarla Village, Marripudi Mandal, Prakasam District, except in accordance with law.” 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous application pending, if any, shall stand closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// /r ^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velgapudi, Guntur. 2. The District Collector, Prakasam, Prakasam District 3. The Revenue Divisional Officer, Kandukuru, Prakasam District 4. The Tahasildar, Marripudi Mandal,Prakasam District 5. One CC to Smt. Marella Radha Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Two CD Copies Pradesh. [OUT] TF IP HIGH COURT DATED:19/06/2025 ORDER WP 15659/2020 DISPOSING OF THE W.P., WITHOUT COSTS