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2025 DAILYLAW 21249 (AP)

KURAPATI NAGABHUSHANAM v. The State of Andhra Pradesh,

WP/14847/2025 · 2025-06-19

Venkateswarlu Nimmagadda

body2025

Judgment text

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< V APHC010299792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0 FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 14847 OF 2()7R NIMMAGADDA Between: Kurapati Nagabhushanam, S/o Kurapati Rubenu, Kureiiagudem, Amberpeta, West Godavari District, Aged about 65 years, R/o Andhra Pradesh. ...Petitioner/s AND 1. The State of Andhra Pradesh, Represented Revenue Department, Secretariat District. by its Principal Secretary, Velagapudi, Guntur buildings. X 2. The District Collector, Eluru District. 3. The Tahsildar, Bhimadole Mandal, Eluru District. 4. The Amberpeta Grama Panchayat, Represented Secretary, Bhimadole Mandal, Eluru District. by its Panchayat ...Respondent/s Petition under Article 226 of the Constitution ^ circumstances stated in the affidavit filed therewith, pleased to issue of India praying that in the the High Court may be an appropriate writ, order or direction in nature of WRIT OF MANDAMUS [ Respondents herein particularly Respondent more particularly one by declaring the action of the Nos. 3 and 4 in illegally > tl interfering and threatening to dispossess petitioner from possession and enjoyment of the property in Sy.No 514/2, for an extent of Ac.0.66 Cents of Amberpeta Village, Bhimadole Mandal, Eluru District without “ issuing any notice following the due process of law as nothing but illegal, arbitrary, highhanded and violation of principles of natural Justice apart from violation of fundamental rights guaranteed under Articles 14, 19, 21 and 300- A of The Constitution of India and consequently direct the respondents not to interfere with the petitioner property. the peaceful lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support Pfthe petition, the High Court may be pleased to direct 3'”'' and 4*^ respondent hof to interfere with the petitioner property in Sy.No 514/2 for an extent of Ac.0.66 Cents of Amberpeta Village, Bhimadole Mandal, Eluru District, pending disposal of the writ petition pending disposal of the above writ petition a Counsel for the Petitioner: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondents: GP FOR REVENUE The^ourt made the following: ■i- C s -• APHC010299792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14847/2025 Between: KurapatiNagabhushanam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner' 1.VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: X DURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14847/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to a Writ of Mandamus declaring the action of the respondents in trying to dispossess/ evict the petitioner from his property in Sy.No.514/2, for an extent of Ac.0.66 cents situated at Amberpeta Village, Bhimadole Mandal, Eluru District without issuing any notice or without following due process of law || illegal, arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondent autt^orities not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner without following due process of law. 4 Learned Government Pleader for Revenue submits that, if the- petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) 1. issue as 2. 3. 5. by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioner is in 1 ” . Therefore, if the possession of the subject property, the respondents directed not to interfere with the peaceful subject property of the petitioner, except by due 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if are possession and enjoyment of the process of law. any, shall also stand closed. 2004 (1)SCC 769 Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Revenue 1. The Principal Secretary, State of Andhra Pradesh, Department, Secretariat buildings, Velagapudi, Guntur District. 2. The District Collector, Eluru District. - The Tahsildar, Bhimadole Mandal, Eluru District. 4. The Panchayat Secretary, Amberpeta Grama Panchayat, Bhimadole Mandal, Eluru District. 5. One CC to SRI VARDHINEEDI SAI KIRAN Advocate [OPUC] 6. Two CC.s to GP FOR RE#iUi, High Court of Andhra Pradesh [OUT] 7. Three CD Copies Sree(gsg) i -' i. ' fiV; HIGH COURT DATED;20/06/2025 ORDER WP 14847/2025 > 'K^ g 0 3 JUL 2025 s ^!S!^fSPATC\V^!^ ■■■"X Disposing of the ada/iission, withoutWP AT THE STAGE OF rCOSTS / \