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2025 DAILYLAW 18517 (AP)

Sri. Dasari Venkata Satya Vishnu Murthy, v. The State of Andhra Pradesh

WP/13011/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) i FRIDAY, THE NINTH DAY OF MAY 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13011 OF 2025 It Between: 1. Sri. Dasari Venkata Satya Vishnu Murthy, S/o. late. Anjaneyulu, Aged 50 years, Occ.Cultivation, R/o. Rajavaram, Koyyalagudem Mandal, West Godavari District. 2. Smt. Dasari Parvathi, W/o. late. Anjaneyulu, Aged 75 years, Occ.Cultivation, R/o. Rajavaram, Koyyalagudem Mandal, West Godavari District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velgapudi, Amaravathi, 2. The District Collector, Eluru, Eluru District 3. The Revenue Divisional officer, Jangareddygudem, Jangareddygudem Mandal Eluru District 4. The Tahasildhar, Koyyalagudem, Koyyalagudem Mandal Eluru District. 5. The Sub Registrar, Jangareddygudem, Jangareddygudem Mandal Eluru 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 making efforts to dispossess the petitioners land an extent of Acs.2.50 cents in R.S.No.508 of Rajavaram village, without following any procedure established by law, which is illegal, arbitrary, violative of Articles, 14 and 300-A of the Constitution of India and also violative of Principles of natural Justice, consequently direct the respondents 2 to 4 not to interfere with rights, title, possession and enjoyment of the petitioners in an extent of Acs.2.50 cents in R.S.No.508 of Rajavararn village and also the petitioners should not be dispossessed from the above land without following due procedure established by law and also directing the respondents to delete the property of the petitioners in an extent of Acs.2.50 cents in R.S.No.508 of Rajavararn village from the prohibitory list to make the same free hold for alienation etc., and such other reliefs which are deemed fit and just in the circumstances of the case against the respondents and in favour of the petitioners. 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 respondents 2 to 4 not to interfere in the peaceful possession and enjoyment of the property in any event of the manner without following due procedure established by law pending disposal of the main writ petition. Counsel for the Petitioners: SRI J. VENKATA RAMANA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER APHC010255852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAG AD DA WRIT PETITION NO: 13011/2025 Between: ...PETITIONER(S) Sri. Dasari Venkata Satya Vishnu Murthy, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.J VENKATA RAMANA 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: 13011/2025 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 to 4 making efforts to dispossess the petitioners land an extent of Ac. 2.50 cents In R.S.No.508 of Rajavaram village, without following any procedure established by law which is illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India and also violative of Principles of natural Justice and consequently direct the respondent Nos.2 to 4 not to interfere with rights, title, possession and enjoyment of the petitioners in an extent of Ac.2.50 cents in R.S.No.508 of Rajavaram village and also the petitioners should not be dispossessed from the above land without following due procedure established by law and also directing the respondents to delete the property of the petitioners in an extent of Ac.2.50 cents in R.S.No.508 of Rajavaram village from the prohibitory list to make the same free hold for alienation etc., and such other reliefs which are deemed fit and just in the circumstances of the case against the respondents and in favour of the petitioners and pass such other order. ’’ 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from the subject property, without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 3 4- Having regard to the submissions made by the learned Assistant Government the petitioners are ,n settled possession and enjoyment of the subjeot property, they process of law in in ‘Rame Gowda (dead) M.Varadappa Naidu (Dead) byL.Rs.^'. Therefore, if the counsel for the petitioners and the learned Pleader for the respondents, it is observed that when cannot be dispossessed, without following due view of the law declared by the Apex Court i by L.Rs. V. petitioners are in possession of the respondents are directed not to dispossess subject property, except by following due subject property the petitioners from the the process of law. 5- With the above direction, the Writ Petition i There shall be IS disposed of. no order as to costs. As a sequel miscellaneous also stand closed. application, pending, if any, shall 1 2004 (1)SCC 769 Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velgapudi, Amaravathi, 2. The District Collector, Eluru, Eluru District 3. The Revenue Divisional officer, Jangareddygudem, Jangareddygudem Mandal Eluru District 4. The Tahasildhar, Koyyatagudem, Koyyalagudem 5. The Sub Registrar, Jangareddygudem, Jangareddygudem Eluru District. Mandal Eluru District. Mandal 6. One CC to Sri J. Venkata Ramana, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No.13011 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS