Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 18644 (AP)

Sankati Rama Gopal v. State of Andhra Pradesh

WP/12936/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12936 OF 202fi Between: Sankati Rama Gopal, S/o. Rama Krishna Reddy Aged about 41 years, Occ Agriciturist, R/o, Kollapanaidupalli Village, Chejarla Mandal, SPSR Nellcre District. ...PETITIONERS AND 1. State of Andhra Pradesh Revenue Department, Secretariat Velagapudi, Amaravathi, Guntur District, Rep. by its Principal Secretary. 2. The District Collector, Nellore, SPSR Neilore District. 3. The Joint Collector, Nellore, SPSR Nellore District. 4. The Revenue Divisional Officer, Atmakur Division, SPSR Nellore District. 5. The Tahsildar, Chejarla Mandal, SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent authorities in interfering with the petitioners construction activities and trying dispossess the petitioner from the house site bearing Plot No.291-A of extent *360/Sq.Yds in K.R.R Center layout situated at Kollapanaidupalli Village, Chejarla Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violation of principles of natural justice and in violation of Article 300-A of the Constitution of India and consequently direct the 5th respondent not to interfere with the petitioner house site bearing Plot No.291- A of an extent 360 Sq.Yds in K.R.R Center layout situated at Kollapanaidupalli Village, Chejarla Mandal, SPSR Nellore District. to an lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 interfere with the petitioner house site bearing Plot NO.291-A of an extent 360 Sq.Yds in K.R.R Center layout situated at Kollapanaidupalli Village, Chejarla Mandal, SPSR Nellore District. Counsel for the Petitioner(s):SRI. C SUBODH Counsel for the Respondents: GP FOR REVENUE The Court made the following: 1 4' APHC010258752025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) THURSDAY .THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3329] PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12936/2025 Between: Sankati Rama Gopal ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CSUBODH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12936/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "... pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent authorities in interfering with the petitioners construction activities and trying to dispossess the petitioner from the house site bearing Plot No.291-A of an extent 360 Sq Yds in K.R.R Center layout situated at Kollapanaidupalli Villag,e Chejarla Mandal, SPSR Nellore District as illegal arbitrary one without jurisdiction and violation of principles of natural justice and in violation of Article 300A of the Constitution of India and consequently direct the 5th respondent not to interfere with the petitioner house site bearing Plot No 291-A of an extent 360 Sq Yds in K.R.R Center layout situated at Kollapanaidupalli Village Chejarla Mandal SPSR Nellore District...” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a / direction to the respondents not to dispossess/ evict the petitioner from his respective property without following due process of law. 4. Learned Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the 3 respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioner from his respective subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 5. Naidu (Dead) by L.Rs. 1 » 6. Consequently, miscellaneous petitions pending, if any shall also stand closed. ■ 2004(1) see 769 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR f //TRUE COPY// /i^ SECTION OFFICER To, 1. The Principal Secretary, Revenue Department,State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District % 2. The District Collector, Nellore, SPSR Neilore District. 3. The Joint Collector, Nellore, SPSR Nellore District. 4. The Revenue Divisional Officer, Atmakur Division, SPSR Nellore District. 5. The Tahsildar, Chejarla Mandal, SPSR Nellore District.[2 TO 5 BY RPAD] 6. One CC to SRI. C SUBODH Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies HIGH COURT DATED:08/05/2025 ORDER I 22AUG20?5 m Current Section . WP.No.12936of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS