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2025 DAILYLAW 21084 (AP)

Ramana Lakshmaiah, v. The State of Andhra Pradesh,

WP/14649/2025 · 2025-07-10

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010296812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14649 OF 2025 Between: 1. Ramana Lakshmaiah, s/o Subbaiah, aged about 52 Pathapadu village, Vijayawada rural mandalam, NTR district. 2. Pallem Peddeswara Rao, s/o Veera Swamy, aged about 64 years, R/o near Madhuvan apartments, Pinnamaneni vari street, Moghalrajapuram, Vijayawada, NTR district. years, R/o ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (PR & RD), Secretariat buildings, Velagapudi, Amaravathi. 2. The District Collector, NTR district, Vijayawada. 3. The Tahsildar, Vijayawada rural mandalam, NTR district. 4. The Mandal Parishad Development Officer, mandalam, NTR district. 5. The Pathapadu Grama Panchayat, Pathapadu village, Vijayawada mandalam, NTR district. Rep. by its Executive officer. Vijayawada rural rural ...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 WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction to DECLARE the action of the respondent officials in unlawfully interfering with my peaceful possession and enjoyment of the property admeasuring an extent of Ac. 0-30 cents situated in RS. No. 235/3B of Pathapadu village, Vijayawada rural mandalam, NTR district arbitrary and violative of principles of natural justice besides contrary Articles 14 and 300-A of Constitution of India and consequently COMMAND the respondent officials not interfere with possession of the subject property without following due procedure of law. in the interest of justice. lA NO: 1 OF 2025 as illegal. to 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 officials not to interfere with possession of the subject property admeasuring an extent of Ac. 0-30 cents situated in RS. No. 235/3B of Pathapadu village, Vijayawada rural mandalam, NTR district, without following due procedure of law, in the interest of justice. Counsel for the Petitioners: SRI J.V.PHANIDUTH Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE the petitioner’s Counsel for the Respondent Nos. 4 & 5: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) The Court made the following order: APHC010296812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3328] PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14649/2025 Between: 1.RAMANA LAKSHMAIAH,, S/0 SUBBAIAH, AGED ABOUT 52 YEARS, R/0 PATHAPADU VILLAGE, VIJAYAWADA RURAL MANDALAM, NTR DISTRICT. 2.PALLEM PEDDESWARA RAO,, S/0 VEERA SWAMY, AGED ABOUT 64 YEARS, R/0 NEAR MADHUVAN APARTMENTS, PINNAMANENI VARI STREET, MOGHALRAJAPURAM, DISTRICT. VIJAYAWADA, NTR ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT BUILDINGS, SECRETARY (PR AND RD), VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA. 3. THE TAHSILDAR, VIJAYAWADA RURAL MANDALAM, NTR DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VIJAYAWADA RURAL MANDALAM, NTR DISTRICT. 5.THE PATHAPADU GRAMA PANCHAYAT, PATHAPADU VILLAGE, VIJAYAWADA RURAL MANDALAM, NTR DISTRICT. REP. BY ITS EXECUTIVE OFFICER. ...RESPONDENT(S): 2 Counsel for the Petitloner(S): 1.J.V.PHANIDUTH i Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri J.V.Phaniduth, Ld. Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, Ld. Assistant Government Pleader for Revenue and Sri P.Chaitanya Srinivas, Ld. Counsel appearing on behalf of Sri Y.Koteswara Rao, Ld. Standing Counsel for the Gram Panchayat. 2. Sri T. Sanjeeva Rao, Ld. Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar, Vijayawada Rural, dated 12.06.2025. Copy of it has been served on the Ld. Counsel for the Writ Petitioners and the same is taken on record. 3. The Written Instructions would indicate that the Writ Petitioner No.2 has been noted as Pattadar with respect to Survey No.R.S.No.235/3 and an extent of Ac. 1.05 cents out of an extent of Ac. 1.35 cents has been acquired by the Government for Polavaram Canal and Award No.7/2007 was passed. It is also stated that after the acquisition, the survey number is divided into two sub divisions as R.S.No.235/3A & 235/3B. It is also stated that R.S.No.235/3A covered the acquired portion of an extent of Ac. 1.05 cents and R.S.No.235/3B covered un-acquired extent of Ac.0.30 cents and the same is under the 3 possession and enjoyment of Sri Pallem Peddeswara Rao (Writ Petitioner No.2). Having recorded the same, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into the merits with the following directions: 4. i) The Writ Petitioners are directed to submit an application (online) to the Tahsildar for the conduct of a survey within two weeks from today. ii) Upon receipt of such application from the Writ Petitioners, the Tahsildar (Respondent No.3) shall issue Notices to ail the interested parties, including the Writ Petitioners, specifying the date and time for the survey of the subject land. iii) The Tahsildar shall also issue Notice to the Panchayat Secretary of Respondent No.5. iv) The survey shall be conducted in the presence of all interested parties, including the Panchayat Secretary of Respondent no.5. v) The Tahsildar shall consider the submissions / objections and documents produced by the parties before the conduct of the survey. vi) The Final Report shall be provided to all the interested parties, including the Writ Petitioners and the Panchayat Secretary, within four weeks from the date of survey. vii) There shall be a direction to all the parties to maintain Status-quo obtaining as on today from today and continue upto a period of four weeks from the date on which copy of the Final Report is supplied to the respective parties. 4 5. With the above observations and directions, this Writ Petition is disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary (PR and RD). Secretariat Amaravathi. buildings, Velagapudi, 2. The District Collector, NTR district, Vijayawada. 3. The Tahsildar, Vijayawada rural 4. The Mandal Parishad mandalam, NTR district. 5. The Executive Officer mandalam, NTR district. Development Officer, Vijayawada rural Pathapadu Grama Panchayat, Pathapadu village, Vijayawada rural mandalam, NTR district. 6. One CC to Sri J.V.Phaniduth Advocate [OPUC] 7. Two CCS to GP for Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue 9. Two CD Copies High Court of Andhra Pradesh [OUT] TF 1 HIGH COURT DATED:11/07/2025 o ORDER WP NO. 14649 OF 2025 I 31 JUl JOK Curreni Action .5 m Co, DISPOSING OF THE W.P., WITHOUT COSTS