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2025 DAILYLAW 20043 (AP)

TADEPALLI PRASAD v. THE STATE OF ANDHRA PRADESH

WP/14171/2025 · 2025-06-04

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) h THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14171 OF 2025 Between: Tadepalli Prasad, S/o Ramulu, aged about 41 years, Agriculture, R/o Yanadula Colony, Ramapuram Road, Chirala Mandal, Bapatia District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Sectretary, Revenue Department, Secretariate Building, Nelapadu, Amaravathi. 2. The District Collector, Bapatia, Bapatia District. 3. The Revenue Divisional Officer, Chirala, Chirala Mandal, Bapatia District. 4. The Tahsidar, Vetapalem Mandal, Vetapalem, Bapatia District. // ...RESPONDENTS 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 Writ of Mandamus to declaring the action of the 4th Respondent in interfering with the petitioner land an extent of Ac. 1.00 cents in Sy.No.427/3C10 of Kothapeta Revenue Village, Vetapalem Mandal, Bapatia District without giving any notice or conducting enquiry is illegal, arbitrary, capricious, against the principles of natural justice and contrary to the provisions of A.P Assigned lands (Prohibition and Transfers) Act, 1971 and also violative of Articles 14, 21 and 300A of Constitution of India. I Consequently direct the 4th Respondent not to interfere with the of the petitioner land without following due process of law. possession ii', 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 4th Respondent not to interfere with the possession of the petitioner land an extent of Ac.1.00 cents in Sy.No.427/3C10 of Kothapeta Revenue Village, Vetapalem Mandal, Bapatia District, without following due process of law pending disposal of the above writ petition. Counsel for the Petitioner: SRI N A RAMACHANDRA MURTHY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER % APHC010280902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 14171/2025 Between: ...PETITIONER Tadepalli Prasad AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “ to issue an appropriate writ order or direction more particuiarly one in the nature of writ of mandamus declaring the action of the respondent in interfering with the petitioner land to an extent of Ac. 1.00 cents in Sy.No.427/3C10 of Kothapeta Revenue Village, Vetapalem Mandal, Bapatia District without giving any notice or conducting enquiry is illegal, arbitrary, capricious, against the principles of natural justice and contrary to the provisions of A.P. Assigned lands (Prohibition and Transfers) Act, 1977 and also violative of Articles 14,21 and 300-A of Constitution of India and consequently direct the respondent not to interfere with the possession of the petitioner land without following due process of law and to pass...” Heard learned counsel for the petitioner and Learned Assistant 2. Government Pleader for Revenue. The grievance of the petitioner is that the respondents are interfering with the possession of the petitioner’s land without following due procedure. It is contended that the petitioner is the absolute owner and possessor of the subject land. It is further contended that in the past, the subject land was in occupation of the petitioner’s grandfather, father and the petitioner. After their demise the petitioner has made an application for grant of D Form patta. Accordingly, D Form patta was granted in favour of the petitioner vide proceedings dated 28.11.2017. In recognition of the petitioner’s possession and occupation of the subject land, the revenue authorities have also issued pattadhar passbook and mutated the name of the petitioner in the revenue records. 3. 4. However, the respondents have proposed to dispossess the petitioner from his land without following due procedure. The Learned Assistant Government Pleader appearing for respondents seeks time for getting 5. instructions. Having regard to the contentions advanced, this Court deems it appropriate to dispose of this Writ Petition. 6. V Accordingly, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over subject land without following due procedure. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand 7. 8. closed. Sd/- P.VINOD KUMA^ ASSISTANT REGIST^ //TRUE COPY// SECTION OFFICER To, The Principal Sectretary, Revenue Department, Secretariate Building Nelapadu, Amaravathi. The District Collector, Bapatia, Bapatia District. The RevenueDivisional Officer, Chirala, Chirala Mandal, Bapatia District. The Tahsidar, Vetapalem Mandal, Vetapalem, Bapatia District. One CC to Sri N A Ramachandra Murthy Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies 1. 2. 3. 4. 5. 6. 7. TF HIGH COURT DATED:05/06/2025 OF ORDER o 10 JUN WP.No.14171 of 2025 VSf. ★ * DISPOSING OF THE W.P., WITHOUT COSTS