Extracted from the PDF above. The PDF is authoritative.
APHC010295472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS ■ TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15033 OF 2025 Between: Rapur Khadar Reddy, S/o. Late Masthan Reddy, Aged about 61 years, Occ: Auto Driver, R/o. D.No.26/3/1427, Street, Opp; Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore 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 an appropriate Writ, Order Direction, more particularly one in the nature of WRIT OF MANDAMUS, the declaring respondents No.2 to 4 without issuing any notice to Evict the petitioner House property vide D.No.26/3/1427, 1®* Street, Opp; Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District is illegal, arbitrary and violation of Principal of Natural Justice and violation of Articles 14, 21 and 300A of Constitution of India and consequently this Hon’ble Court to direct the respondent Nos. 2 to 4 action of the or
w a not to Evict the petitioner house property vide D.No.26/3/1427, Street, Opp; Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District without issuing any notice to me by the Revenue Authorities. 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 respondent Nos.2 to 4 not to Evict the petitioner House Property vide D.No.26/3/1427, 1®* Street, Opp; Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI P.V.VENKATA RAVI SANKAR and Dr.
P.B REDDY Counsel for the Respondents: ASST.GP FOR REVENUE The Court made the following order:
APHC010295472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3329] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15033/2025 Between; ...PETITIONER Rapur Khadar Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. P V VENKATA RAVI SANKAR and Dr. P.B Reddy 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 the India seeking the following reliefs;- ‘to issue an appropriate Writ, Order Direction, more particularly one in the nature of Writ of Mandamus, the declaring or without issuing any notice to Evict the petitioner House property vide D.No.26/3/1427, 1 St street, 0pp. Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District is illegal, arbitrary and violation of Principal of Natural Justice and violation of Article 14, 21 and 300 A of Constitution of India and consequently this Honble action of the respondents No.2to4
m 2 ■ ^ Court to direct the respondent Nos. 2 to 4 not to Evict the petitioner house property vide D.No.26/3/1427, 1ST street, 0pp. Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District without issuing any notice to me by the Revenue Authorities and pass Heard the
learned counsel for the petitioners and the learned
2. Assistant Government Pleader for Revenue appearing for the respondents.
3. The learned counsel for the petitioner submits that the petitioner is in possession of a house property bearing D. No. 26/3/1427, 1st Street opposite Nippo, Chandramouli Nagar, Nellore, SPSR Nellore District. However, the respondent authorities are trying to evict the petitioner from his house without issuing any notice and without following the due process of law. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader for
4. Revenue appearing for the respondent furnished written instructions dated 19.06.2025 issued by the 4*^^ respondent wherein it is stated as follows;- (3) Singh was allotted house site to an extent of 15.12 ankanams in Sy.No. 78/10 by the Mandat Revenue officer bounded by North side allotted to D.Syamala, South-road, East-Railway track and west-20 feet road. (4) Sri Rapuru Khadar Reddy s/o. Masthan ready illegally grabbed the site allotted to Manchikalapati Lakshmana Singh and raised 3 /4 ankanams thatched house. (5) Thereupon, Sri Manchikalapati Lakshmana Singh filed LOOP No.2/1999 on the file of special Tribunal Constituted under AP Land Grabbing. (6) The Hon’ble Tribunal by
order dated 31.01.2012
decreed in favour of Manchikalapati Lakshmana Singh. 3 (7) The 2'^^ appeal No.1008/2010 was also dismissed. (8) The respondent herein not initiated any action against the petitioner to evict the petitioner from the house property D.No. 26/3/327 situated in Sy.No. 78/10 of Chandramouli Nagar, Nellore Rural Mandal. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available record, it appears that there are disputes between the petitioner and third parties in respect of the subject property. Civil proceedings have already been taken place between the petitioner and third parties in L.G.O.P. No. 2 of 1999 before the Special Tribunal constituted under the A.P. Land Grabbing (Prohibition) Act 1982, which was decided in favor of the third parties and against the petitioner. The petitioner preferred a second appeal in S.A. No. 1008 of 2010, which was also dismissed. 5. on It is contended by the learned Assistant Government Pleader that the official respondents have not taken any steps for the eviction of the petitioner, and any eviction apprehended by the petitioner may only be at the instance of the third parties succeeded in the civil proceedings. 6. In view of the clear and categorical statement made by the learned Assistant Government Pleader that the official respondents have neither initiated nor propose to initiate any proceedings for the eviction of the petitioner, the grievance alleged by the petitioner against the respondents
7. 4 is without cause of action. Hence, the petitioner is at liberty to initiate appropriate proceedings against the third parties who may cause any interference or obstruction. With the above observations, the Writ Petition is disposed of. There
8. shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTfON OFFJCJER To,
1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Rural Mandal, SPSR Nellore District. 5. One CC to Sri P.V.Venkata Ravi Sankar and Dr. P.B Reddy, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
7. Two CD Copies.
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HIGH COURT DATED:24/06/2025 f 2 tJUt 2025 ^ Current Section
ORDER WP No. 15033 OF 2025 m DISPOSING OF THE WRIT PETITION WITHOUT COSTS