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2025 DAILYLAW 21378 (AP)

MALLISETTY HARIKRISHNA v. THE STATE OF AP

WP/15223/2025 · 2025-06-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010301522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15223 OF 2025 Between: Mallisetty Harikrishna, S/o M.Damoraiah, aged 48 years, Occ agriculturist, Diguva Veedhi, Thondamanadu Village, Srikalahasti Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, At Amaravathi. 2. The District Collector, Tirupati District, A.P. 3. The Revenue Divisional Officer, Srikalahasti, Tirupati District, A.P. 4. The Tahsildar, Thottambedu Mandal, Chittoor District. 5. P Kumari, W/o Rajasekhar, Chittathur Village, Thottambedu Mandal Tirupati 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 issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No. 3 and 4 in interfering with the peaceful possession and enjoyment of the land in Sy.No.38/10 an extent of Ac. 1.07 cents,Sy.No.38/14 an extent of Ac.0.52 cents, Sy.No.38/24 an extent of Ac.0.54 cents and Sy.No.38/15 an extent of Ac.1.10 cents, total an extent of Ac.3.23 cents, situated in Chittathuru Village, Thottambedu Mandal, Tirupati District, without following due of law as illegal, arbitrary, contrary to the, principles of natural justice and violative of Articles 14, 21 and 300-A of process Constitution of India and consequently direct the respondents not to interfere with the petitioner's land. 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 respondents not to interfere with the peaceful possession and enjoyment of the petitioner's land in Sy.No.38/10 an extent of Ac. 1.07 cents,Sy.No.38/14 an extent of Ac.0.52 cents, Sy.No.38/24 an extent of Ac.0.54 cents and Sy.No.38/15 an extent of Ac.1.10 cents, total an extent of Ac.3.23 cents, situated in Chittathuru Village, Thottambedu Mandal, Tirupati District, pending disposal of the above writ petition and pass Counsel for the Petitioner: SRI MADHU SUDHAN P Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: APHC010301522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3329] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15223/2025 Between: MallisettyHarikrishna ...PETITIONER AND The State Of Ap and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.MADHU SUDHAN P Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15223/2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the land Sy.No.38/10 to an extent of Ac.1.07 cents, Sy.No.38/14 to an extent of Ac.0.52 cents, Sy.No.38/24 to an extent of Ac.0.54 cents and Sy.No.38/15 to an extent of Ac.1.10 cents. total an extent of Ac.3.23 cents situated in Chittathuru Village, Thottambedu Mandal, Tirpathi District without following due process of law as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession and enjoyment of \ \ the subject property of the petitioner. 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities 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 “RameGowda (dead) by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioner is in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 5. 1 ” . Therefore, if the 6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. 1 2004 (1) see 769 Sd/- K. SRINIVASA RAJU ASSISTANT REGISJRAR //TRUE eOPY// SEeTION OFFieER To, 1. The Principal Secretary, Revenue Department, State of AP Secretariat, Velagapudi, At Amaravathi. 2. The District Collector, Tirupati District, A.P. 3. The Revenue Divisional Officer, Srikalahasti, Tirupati District, A.P. 4. The Tahsildar, Thottambedu Mandal, Chittoor District. 5. One CC to Sri. Madhu Sudhan P Advocate [OPUC] 6. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC HIGH COURT DATED;25/06/2025 ORDER WP NO. 15223 OF 2025 sf 1S JUL 2025 |S Co "•^AT DISPOSING THE WP WITHOUT COSTS