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2025 DAILYLAW 21118 (AP)

PEDURU ADI SESHAIAH v. THE STATE OF ANDHRA PRADESH

WP/14913/2025 · 2025-06-22

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010297802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14913 OF 2025 Between: Peduru Adi Seshaiah, S/o Venkata Reddy, Aged about 62 years, R/o Devispeta, Indukurpeta Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Indukurpeta 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 a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners agricultural land with an extent of Ac.0.81 cents in Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal SPSR Nellore District, as illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their agricultural land with an extent of Ac.0.81 cents in / m / Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal,, SPSR Nellore District. lA NtJ’: 1 QF 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 respondents not to dispossess the petitioner from their agricultural land with an extent of Ac.0.81 cents in Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: %1 APHC010297802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] •>iZ MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14913/2025 Between: 1.PEDURU ADI SESHAIAH, S/0 VENKATA REDDY, AGED ABOUT 62 INDUKURPETA MANDAL, SPSR YEARS, R/O DEVISPETA, NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE TAHSILDAR, INDUKURPETA MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 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 topleased to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners agricultural land with an extent of Ac.0.81 cents in Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal SPSR Nellore District, as illegal, arbitrary and 2 unconstitutional and consequently direct the respondents not to dispossess the petitioner from their agricultural land with an extent of Ac.0.81 cents in Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal,, SPSR Nellore District and pass 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 pleased to direct the respondents not to dispossess the petitioner from their agricultural land with an extent of Ac.0.81 cents in Sy.no.82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal,, SPSR Nellore District without following due process of law in the interest of justice pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: i 3 the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14913/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...pleased to issue a Writ, order or Orders more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the respondents in interfering with peaceful possession and enjoyment extent of Ac.0.81 cents in of petitioners agricultural land with an Sy.no. 82-3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal, SPSR illegal, arbitrary and unconstitutional and Nellore District, as consequently direct the respondents not to dispossess the petitioner from their agricultural land with an extent of Ac.0.81 cents in Sy.no.82- 3 of Indukurpeta Bit-ll Village, Indukurpeta Mandal, SPSR Nellore District and pass...” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Ac.0.81 cents in Sy.No.82/3, Indukurpeta Bit-ll Village, Indukurpeta Mandal, Nellore District. The land was assigned to the petitioner under a ^'Form Patta vide R.C.B. No. 641 of 1997, dated 25.10.1999. It is submitted that, without issuing any prior notice, the staff of respondent Nos.3 further 4 <0 and 4 entered the petitioner’s premises and attempted to evict him. Hence, the Writ Petition. 4. On the other hand, the. learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 3^^ respondent dated 20.06.2025, wherein, the relevant portion is usefully extracted hereunder: “2. It is submitted that as seen from the present Webland -2 adangal of Indukuru pet Bit-11 village that an extent of Ac. 0.81 cents in sy. No. 82-3 is noted as Anadeenam Govt land) 3. It is submitted that as seen from ground status it is noticed that there covered by coconut trees and as verification connected records available on record no Assignment patta was not granted in favour of the Writ Petitioner or any other persons. 4. It is further submitted that the Revenue authorities have not any kind steps including issue of notice to disposes the writ petitioner from the subject land. ” Learned Assistant Government Pleader submits that the respondents will follow due process of law as contemplated, if they intends to dispossess the petitioner from the subject property. 5. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondents and on perusal of the material available on record, this Court is of the considered 6. 5 view that the present Writ Petition can be disposed of directing the ' ’ ’ respondents ot follow due process of law, In the event, if the respondents intend to dispossess the petitioner from the subject property. 7. Accordingly, the Writ Petition is disposed of. There shall be to costs. no order as Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in the Writ Sd/- K.J.RAJABABU assistant registrar SECTION OFFICER //true copy// To, 1. The Principal Secretary, Revenue Department, AP Secretariat Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Tahsildar, Indukurpeta Mandal, SPSR Nellore District. 4. One CC to Sri Sivaprasad Reddy Venati Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT . , DATED:23/06/2025 ORDER WP NO. 14913 OF 2025 'at ^ 2 0 SEP 2025 ^'^S4iyr«ntSec ^'fissciis Oi I <» DISPOSING OF THE W.P., WITHOUT COSTS