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2025 DAILYLAW 21023 (AP)

Angadi Veera Badra Gowd, v. The State of Andhra Pradesh,

WP/14613/2025 · 2025-06-18

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010296142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SMB (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14613 OF 2025 Between: Angadi Veera Badra Gowd, S/o. late Basavanna Gowd Aged about 75 years Occ Agriculture, R/o. Namekallu Village, Bommanahal Mandal Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Anantapur District, Anantapur. 3. The Tahsildar, Bommanahal Mandal, Anantapur District. 4. The Sub-Inspector, Bommanahal Mandal, Anantapur District. 5. Hosathota Mallikarjun Gowd, S/o. late Virupaksha Gowd, Aged about 46 years, Occ: Agriculture, R/o. Namekallu Village, Bommanahal Mandal Anantapur 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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the high-handed action of the respondents 3 and 4 in attempting to dispossess the petitioner from his agricultural patta land to an extent of Ac. 10.50 Cents in Sy. No. 75, Nemakallu village, Bommanahal Mandal, Anantapur district, without notice and without following due process of law, is illegal, arbitrary and unconstitutional and consequently. » \A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 3 & 4 not to dispossess and interfere of the petitioner agricultural patta land to an extent of Ac. 10.50 Cents in Sy. No. 75, Nemakallu village, Bommanahal Mandal, Anantapur district pending disposal of the writ petition. Counsel for the Petitioner : SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent No.4 : GP FOR HOME Counsel for the Respondent No.5 : NONE APPEARED The Court made the following: ORDER APHC010296142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3329] B THURSDAY .THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14613/2025 Between: Angadi Veera Badra Gowd, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1.GPFOR HOME 2.GP FOR REVENUE The Court made the following: v/ 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14613/2025 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 particularly one in the nature of Writ of Mandamus declaring the highhanded action of respondent Nos.3 and 4 in attempting to dispossess the petitioner from his agricultural patta land to an extent of Ac. 10.50 Cents in Sy.No.75, Nemakallu Village, Bommanahal Mandal, Anantapur District without notice and without following due process of law is illegal, arbitrary and unconstitutional 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 dispossess and not to interfere with the petitioner’s 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. 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 3 t view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. V. M.Varadappa Naidu (Dead) by LRs.^'. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess and not to interfere with the petitioner’s subject property, except by following due process of law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 2004 (1) see 769 Sd/- M. SRINIVAS ASSISTANT REGI^RAR N OFFICER //TRUE COPY// SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Anantapur District, Anantapur. 3. The Tahsildar, Bommanahal Mandal, Anantapur District. 4. The Sub-Inspector, Bommanahal Mandal, Anantapur District. 5. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh at Amaravati [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh at Amaravati. [OUT] 8. Three CD Copies. Cnr » HIGH COURT DATED: 19/06/2025 w <'S- ORDER WP 14613/2025 S, OHI 112*25 s &£?spatch®2 f* DISPOSING OF THE W.P. WITHOUT COSTS