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2025 DAILYLAW 19546 (AP)

PAKALAPATI SATYANARAYANA v. THE STATE OF AP

WP/13417/2025 · 2025-05-14

K Suresh Reddy

Original Suitbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT^ (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF MAY-" TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 13417 OF 2025 Between: ^ Pakalapati Satyanarayana, S/o.P.Ramulu, aged 50 years Occ Cultivation R/o.D.No. 16/87 Tadicherla, Kamavarapukota Eluru District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Irrigation and Command Area Development Department A.P. Secretariat, Velagapudi, Amaravati Guntur District 2. The Assistant Executive Engineer, I and E Section, Irrigation Department Jangareddygudem, Eluru District, AP 3. The Tahsildar, Kamavarapukota Mandal Eluru District, AP. ^ ...RESPONDENT^ 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, order or direction more particularly one in the nature of a writ of mandamus declaring the Notice dt.06-05-2025 issued by the 2nd Respondent directing me to %- vacate the land andj^emove the trees situated in an extent of Ac. 1.23 cents in Sy.No.661/1 of Kamavarapukota and making dispossess me from the said land alleging that the said land is classified as Konalamma Kunta Cheruvu Tahsildar in spite of the decree in O.S.No.175/2016 dt.13-11- 2022 declaring it as private patta land and also the efforts to as per the report of the order in W.P.No. 12690/2024 dt.11-07-2024 and interim order in W.P.No.9829/2025 dt. 16-04-202^ as highly illegal, arbitrary and violative of Art. 19 and 300Aof the Constitution of India and consequently to set aside the same. 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 be pleased to^rant stay of all further proceedings pursuant Notice dt.06-05-2025 issued by the 2nd Respondent including demolition, removal of existing trees/crop and dispossession from extent of Ac.1.23 cents in Sy.No.661/1 of Kamavarapukota Village and Mandal Eluru District, Andhra Pradesh pending disposal of the above writ petition. may to the an Counsel for the PetItioner.SRI YASWANTH GADE Counsel for the Respondents No.1,2: GP FOR IRRI AND CAD Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER APHC010274322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3239] THURSDAY,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SURESH REDDY WRIT PETITION NO: 13417/2025 Between; 1.PAKALAPATI SATYANARAYANA, S/O.P.RAMULU, AGED 50 YEARS OCC CULTIVATION R/O.D.NO.16/87 KAMAVARAPUKOTA ELURU DISTRICT, ANDHRA PRADESH TADICHERLA, ...PETITIONER AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI DISTRICT GUNTUR 2.THE ASSISTANT EXECUTIVE ENGINEER, I AND E SECTION, JANGAREDDYGUDEM, ELURU IRRIGATION DEPARTMENT DISTRICT, AP 3.THE TAHSILDAR, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT AP ...RESPONDENT(S); / Counsel for the Petitioner; U 1.YASWANTH GADE Counsel for the Respondent{S): 1.GP FOR IRRI AND CAD 2 4 The Court made the following: ORDER: Questioning the notice dated 06.05.2025 issued by the 2"“ respondent, the petitioner filed the present Writ Petition. 2. The learned counsel for the petitioner contends that the impugned notice indicates a direction to the petitioner for removal of the encroachments. As such, under the guise of notice, the authorities are trying to take possession of the land, is his grievance. 3. In that view of the matter and in view of the above facts and circumstances, the petitioner is permitted to offer his explanation to the impugned notice, dated 06.05.2025, and upon such explanation, the 2 nd respondent is directed to consider the same and pass appropriate orders i accordance with law after giving in opportunity of hearing to the petitioner, within a period of three (3) months from the date of receipt of a copy of this an order 4. Accordingly, this Writ Petition is disposed of at the stage of admission. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. \ \ Sd/- M. PRABHAKAR RAO ASSISTANTIREGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Irrigation and Development D^artment A.P. Secretariat, Velagapudi, Amaravati Guntur District Command Area rv 2. The Assistant Executive Engineer, I and E Section, Irrigation Department Jangareddygudem, Eluru District, AP 3. The Tahsildar, Kamavarapukofa Mandal Eluru District, AP. 4. One CC to SRI. YASWANTH GADE Advocate [OPUC] 5. Two CCS to GP FOR IRRI AND CAD, High Court of Andhra Pradesh. [OUT] 6. Three C.D.Copies nm ■ "V ■ J \ HIGH COURT KSR,J DATED 15.05.2025 VACATION COURT ORDER WP.No.13417 of 2025 s IS MAY 2075 % S e» ^ . Current section . "y DISPOSING OF THE WP WITHOUT COSTS