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High Court of Andhra Pradesh · body

2025 DAILYLAW 18907 (AP)

Bandi Ankaiah, v. The State of Andhra Pradesh,

WP/13152/2025 · 2025-05-08

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH AMARAV^^ (Special Original Jurisdiction) i\ FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13152 OF 2025 Between: Bandi Ankaiah, S/o Late Kannalaiah, Aged about 76 years, R/o Tikkavaram Village, Chilakakuru Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by Its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Tahsildar, Chillakur Mandal, Chillakur, Tirupati 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 order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondent No.3 and their staff trying to dispossess the petitioner from the agricultural land measuring an extent of Ac.4.02 Cents in Sy. No.964 of Tikkavaram, Village, Chillakur Mandal, Tirupati District, without issuing notification under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner at the behest of the unofficial respondents as illegal, arbitrary and in violation of Article-14, 21 and 300-A of the Constitution of India and consequently, direct the respondents not to interfere and dispossess the petitioner from the agricultural land measuring an extent of Ac.4.02 Cents in Sy. No.964 of Tikkavaram, Village, Chillakur Mandal; Tirupati District. 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 respondent No.3 not to interfere and ! dispossess the petitioner from the agricultural land measuring an extent of Ac.4.02 Cents in Sy. No.964 of Tikkavaram, Village, Chillakur Mandal, Tirupati District. Counsel for the Petitioner{s):SRI. HARINATH REDDY SOMA Counsel for the Respondents: GP FOR REVENUE The Court made the following: 7 APHC010262412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13152/2025 Between: Bandi Ankaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.HARINATH REDDY SOMA 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: 13152/2025 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 paiiicularly one in the nature of Writ of Mandamus declare the action of respondent No. 3 and their staff trying to dispossess the petitioner from the agricultural land measuring an extent of Ac. 4.02 Cents in Sy.No.964 of Tikkavaram Village, Chillakur Mandal, Tirupati District without issuing notification under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner at the behest of the unofficial respondents as illegal, arbitrary and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere and dispossess the petitioner from the agricultural land measuring an extent of Ac. 4.02 Cents in Sy.No.964 of Tikkavaram Village, Chillakur Mandal, Tirupati District and pass such other order. ” 2. 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 interfere and dispossess the petitioner from the subject property without following due process of / law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is 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 counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he 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. M.Varadappa Naidu (Dead) by L.Rs.^". Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere and dispossess the petitioner from the subject property, except by following due process of law. V. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. A9*.\a sequel miscellaneous application, pending, if any, shall also stand closed. '2004 (1)SCC 769 SD/- G. SRINIVASA REDDY DEPUTY REGISTRAR ^ecti^^fficer I //TRUE COPY// To, 1 The Principal Secretary Revenue Department, State of Andhra ’ Pradesh, sLretariat Buildings, Velagapudi, Guntur Distnct.[By Special Messenger] 2. The District Collector, Tirupati District, Tirupati. 3. The Tahsildar, Chillakur Mandal, Chillakur, Tirupati District.[2 & 3 BY RPAD] 4. One CC to SRI HARINATH REDDY SOMA Advocate [OPUC] FOR REVENUE, High Court of Andhra Pradesh [OUT] 5. TwoCCstoGP 6. Three CD Copies gsg T HIGH COURT \ DATED:09/05/2025 ORDER ^ 2 3 JUN 2025 S>Cwr«nl Secljaii^^ ■v^gggaisSSS^ Co O WP.No.13152 of 2025 DISPOSING OFF THE WRIT PETITION WITHOUT COSTS