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2025 DAILYLAW 19793 (AP)

NUNNA BHAVANARAYANA v. THE STATE OF ANDHRA PRADESH

WA/657/2025 · 2025-05-28

Harinath N, Y Lakshmana Rao

body2025

Judgment text

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■/ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT APPEAL NO: 657 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the order dated 15.05.2025 passed in Writ Petition No. 13569 of 2025 on the file of the High Court. Between: 1. Nunna Bhavanarayana. S/o Raghavaiah, age 54 years, Occ Agriculture, R/o D.No.3-6/11, Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. 2. Amanchi Tagore, S/o Lakshmi Narayana Agriculture, R/o Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District,Andhra Pradesh. 3. Nunna Srinivasarao, S/o Subbarao, age 49 years, Occ Agriculture, R/o D.No.3-184, Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. age 46 years, Occ 4. Nunna Lakshminarayana, S/o late Srinivasarao age 33 years, Occ Agriculture, R/o D.No.6-8-29b, Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. 5. Nunna Srinivasarao, S/o Venkayya, age 62 years, Occ Agriculture, R/o Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. 6. Amanchi Sarat Kumar, S/o Narasimham age 49 years, Occ Agriculture R/9,D.No.3-41/A, Kondu Bottia Palem Village, Bapatia Mandal District, Andhra Pradesh. Bapatia 7. Parwatareddy Punnamma, W/o Tirupatirao 69, J.P. Nagar, Kondu Bottia Palem Village, Bapatia Mandal District, Andhra Pradesh. 8. Nunna Ram Mohan Rao, S/o Subbarao R/o Kondu Bottia Palem Village, Bapatia Mandal, Andhra Pradesh. age 87 years, R/oD.No.3- Bapatla age 61 years, Occ Agriculture Bapatia District, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Secretary, Industries Commerce Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh-522503. 2. The Andhra Pradesh Micro Small Medium Enterprises Development Corporation, Rep. its chief Executive Officer, 2nd Floor, PVS Landmark IT Park, Mangalagiri, Guntur - 522503 and 3. The Andhra Pradesh Industrial Infrastructure, Corporation Rep. by its Vice-Chairman and Managing Director, APIIC Towers, Plot No-1, IT Park, Mangalagiri, Guntur District, AP-522503 4. The Collector and District Magistrate, Bapatia District, Bapatia. 5. The Zonal Manager, APIIC, Autonagar, Guntur, Andhra Pradesh 522509. 6. The Revenue Divisional Officer, Bapatia, Bapatia District. 7. The Tahsildar, Bapatia, Bapatia District. 8. The Panchayat Secretary, Kondu Bottia Palem Village, Bapatia Mandal Bapatia District, Andhra Pradesh. 9. The Village Revenue Officer, Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh. ...Respondent^ lA NO: 2 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 issue interim direction, direct the respondent Nos.4 to 9 not to disposses the petitioners from their agricultural lands admeasuring in an extent of Ac.3.64 cents covered in Sy.Nos.877/1, 877/4 & 877/5 situated at Kondu Bottia Palem Village, Bapatia Mandal, Bapatia District, Andhra Pradesh, pending disposal of this writ petition. lA NO: 3 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 suspend the order passed in writ petition No. 13569 of 2025 dated 15.05.2025, pending disposal of this writ appeal. ^ Counsel for the Appellant: SRI. V V LAKSHMI NARAYANA^ Counsel for the Respondent No. 1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent Nos. 4,6 and 7: GP FOR REVENUE^ Counsel for the Respondent No.8: SRI M SUDHIR SC FOR ZPP MPP AND GP , The Court made the following order: APHC010276932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3539] THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT APPEAL NO: 657/2025 Between: Nunna Bhavanarayana and others ...APPELLANTS AND The State of Andhra Pradesh and others Counsel for the Appellants: 1. VV LAKSHMI NARAYANA Counsel for the Respondents: 1.GP FOR INDUSTRIES COMMERCE 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats The Court made the following judgment: (Per Hon’ble Sri Justice Harinath. N) ...RESPONDENTS 2 The present Writ Appeal is filed seeking a direction to set aside the interim order dated 15.05.2025 passed in W.P.No.13569 of 2025. The petitioners are claiming ownership of land admeasuring 2. / Ac:3.64 cents in R.S.Nos.877/1, 877/4 and 877/5 situated at Kondubotia Palem Village of Bapatia Mandal, Bapatia District. The petitioners have filed the present writ petition alleging 3. dispossession from the said land without following the due process of law. 4. The learned single Judge, while considering the writ petition, declined to grant interim direction and directed to list the matter on 18.06.2025. The writ appeal is filed claiming that the respondents are in the process of dispossessing them without following the due process of law. The respondents have submitted before the learned single Judge that the subject land is a Government Land and part of the same was already handed over to Andhra Pradesh Industrial Infrastructure Corporation Limited (A.P.I.I.C.) and that the remaining land is yet to be taken by the Government for Micro, Small and Medium Enterprises Park (M.S.M.E. Park). The writ petition is posted to 18.06.2025. 5. 6. Considering the grave urgency, there shall be direction to the respondents not to dispossess the petitioners from the subject land pending disposal of the writ petition and without following due process of law. T 3 7. Accordingly, the Writ Appeal is disposed off. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER' To Vv 1. The Secretary, Industries and Commerce Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh- 522503. 2. The chief Executive Officer, Andhra Pradesh Micro Small Medium Enterprises Development Corporation, 2nd Floor, PVS Landmark, IT Park, Mangalagiri, Guntur - 522503 3. The Vice-Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure, Corporation, APIIC Towers, Plot No-1, IT Park Mangalagiri, Guntur District, AP-522503. The Collector and District Magistrate, Bapatia District, Bapatla. 4. 5. The Zonal Manager, APIIC, Autonagar, Guntur, Andhra Pradesh 522509. 6. The Revenue Divisional Officer, Bapatla, Bapatla District. 7. The Tahsildar, Bapatla, Bapatla District. 8. The Panchayat Secretary, Kondu Bottia Palem Village, Bapatla Mandal Bapatla District, Andhra Pradesh. 9. The Village Revenue Officer, Kondu Bottia Palem Village, Bapatla Mandal, Bapatla District, Andhra Pradesh. 10. One CC to Sri. V V Lakshmi Narayana Advocate [OPUC] One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC]/- Two CCs to GP for Revenue, High Court Of Andhra Pradesh. / 11. 12. Two CCs to GP for Industries Commerce .High Court Of Andhra Pradesh. [OUT] 13. Three CD Copies 14. GSC T HIGH COURT DATED:29/05/2025 '\ \ \ \ ORDER WA.No.657 of 2025 ! i\ i ■70 disposing the wp WITHOUT COSTS