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2025 DAILYLAW 18674 (AP)

HARIJANA VANNURAPPA v. THE STATE OF ANDHRA PRADESH

WP/12963/2025 · 2025-05-08

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12963 OF 2025 Between: Harijana Vannurappa, S/o. (Late) K Naganna, Aged about 43 years, R/o Kotta Chedulla village, Korapadu (PO), BK Samudram Mandal, Anantapur District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (assignment) Secretariat at Velagapudi, Guntur District. 2. The District Collector, Anantapur District. 3. The Revenue Divisional Officer, Anantapur. Anantapur District. 4. The Tahsildar, BK Samudram Mandal, Anantapur District. 5. Smt.K. Nageswaramma, w/o K.Yerri Nagappa, Aged 52 years, R/o. Kotta Chedulla Village, B.K.Samudram Mandal, Anantapuram District ...RESPONDENTS 7 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 of Mandamus, declaring the action of the respondent No.4 issued notice in Rc.No.611/2025/D2 (B) dated 21-04- 2025 basing on the representation made by the respondent No.5 requested for deletion of webland entries made in the name petitioner and interfering the petition schedule property of the petitioners and obstructed the petitioners in Sy No.106-1A3/1 an extent of Ac.2-00 cents situated in Chedhulla village, B.K.Samudram Mandal, Anantapuramu District is as illegal, arbitrary, and against law and also against the Judgement passed in O.S.No.518/2020 and 119/2021 and consequently direct the respondents 4 and 5 not to interfere with the petition schedule property of the petitioners and to set aside the said proceedings No. Rc.No.611/2025/D2 (B) dt21-04-2025 issued by 4th respondent. 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 4 and 5 not to interfere with the petitioner's schedule property in Sy No.106-1A3/1 situated in Chedhulla village, B.K.Samudram Mandal, Anantapuramu District by suspending the proceedings No. Rc.No.611/2025/D2 (B) dt:21-04-2025 issued by 4th respondent pending the disposal of the writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. INENI VENKATA PRASAD Counsel for the Respondent No.1 to 4: GP FOR REVENUE The Court made the following Order: APHC010258872025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IN [3329] 0ES BJ'S FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12963/2025 Between: ...PETITIONER Harijana Vannurappa AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.1NENI VENKATA PRASAD Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: r THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12963/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: to Issue a Writ of Mandamus declaring the action of respondent Rc.No.611/2025/D2(B) dated 21.04.2025 basing on the representation made by the respondent No. 5 requested for deletion of webland entries made in the name petitioner and interfering the petition schedule property of the petitioners and obstructed the petitioners in Sy.No.106- 1A3/1 an extent of Ac.2-00 Chedhulla village, B.K.Samudram Mandal cents situated in Anantapuramu District is as illegal, arbitrary and against law and also against the Judgment passed in O.S.No.518/2020 and 119/2021 and consequently direct the respondents 4 and 5 not to interfere with the petition schedule property of the petitioners and to set aside the said proceedings No Rc.No.611/2025/D2(B), dt.21.04.2025 issued by 4 respondent and pass such other order or orders....” issued notice No. 4 the in th Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.2-00 cents in Sy.No.106-1A3/1 of Chedhulla village, 3. B.K.Samudram Mandal, Anantapuramu District having acquired the same from the joint family partition. Since the date of acquisition, the petitioner has been in peaceful possession and enjoyment of the subject property. Accordingly, the revenue authorities mutated the name of the petitioner in the revenue records in respect of the subject land and issued pattadar pass book in his favour. While things stood thus, respondent No.5 is interfering with the peaceful possession and enjoyment of the subject property of the petitioner basing upon the representation submitted by respondent No.4. Later, respondent No.5 instituted a suit seeking for partition vide O.S.No.518 of 2020 on the file of II Additional Civil Judge (Junior Division), Anantapuram and the said suit was dismissed for default on the ground that the respondent No.5/plaintiff failed to appear before the Court. But still, the respondents are trying to interfere with the property of the petitioner, for which, the petitioner herein instituted a suit seeking for permanent injunction vide O.S.No.119 of 2021 on the file of III Additional Junior Civil Judge, Anantapuramu, wherein, respondent No.5 along with his family members were remained exparte and the suit was decreed in favour of the petitioner. But suppressing the same, respondent No.5 herein filed a representation to respondent No.4 requesting for deletion of webland entries existing in the name of the petitioner in respect of the subject land. Basing on the said representation, respondent No.4 herein issued an impugned notice dated 21.04.2025 directing the petitioner to appear before the respondent No.4. Aggrieved by the said notice, the petitioner herein filed the present writ petition. On the other hand, learned Government Pleader appearing for the respondents submits that since it is only a notice, the petitioner herein can submit his explanation to the said notice. He further submits that if the petitioner submits his explanation to the notice dated 21.04.2025, the respondents are ready to consider the same, within a reasonable time, in accordance with law. 4. \ Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the petitioner herein to submit his explanation to the notice dated 21.04.2025 issued by respondent No.4 within a period of four (04) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondent authorities are directed to consider the same, with reference to the decree and judgment passed in O.S.No.119/2021, after providing opportunity of hearing to all the parties concerned and pass appropriate orders, within a period of two (02) months, thereafter. Till then. Status quo obtaining as on today shall be 5. % maintained by all the parties concerned in respect of possession and revenue record of the subject property. With the above directions, the writ petition is disposed of. There 6. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ASS^TANT4^ //TRUE COPY// ^SECTION OFFICER To The Principal Secretary, Revenue Department (assignment) Secretariat at Velagapudi, Guntur District. 2. The District Collector, Anantapur District. 3. The Revenue Divisional Officer, Anantapur. Anantapur District. 4. The Tahsildar, BK Samudram Mandal, Anantapur District. 5. One CC to SRI. INENI VENKATA PRASAD Advocate [OPUC] 6. Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies 1. vna t HIGH COURT DATED:09/05/2025 ORDER WP.No. 12963 of 2025