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2025 DAILYLAW 21452 (AP)

D RAMACHANDRAPPA v. THE STATE OF ANDHRA PRADESH

WP/15008/2025 · 2025-06-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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% APHC010302302025 IN THE HIGH COURT OF ANDHRA PRADESHv^^ AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15008 OF 2025 Between: D. Ramachandrappa, S/o. D. Venkatesulu, Aged about Years, Occ: Agriculture R/at.Gunthakurapalli Village, Devadoddi Post, Baireddipalli Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Palamaner, Chittoor District. 4. The Tahsildar, Baireddipalli, Mandal, Chittoor District. 5. The Village Revenue Officer, Devadoddi Village, Baireddipalli Mandal, Chittoor District. 6. K Maheswara Achari, S/o. K. Narayana Achari Aged about Years, Occ: Agriculture R/at.Gunthakurapalli Village, Devadoddi Post, Baireddipalli Mandal, Chittoor 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in ^ ffiterfering with petitioner rights over the land assigned to the petitioner in an extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac. 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor District, without passing any orders against the explanation, dated 16-06-2025 submitted by petitioner for the Form-1 Notice, dated 05-06- 2025 issued by the respondent No.4, as arbitrary, illegal colorable exercise of power and also well established legal principals apart from being voilative of the fundamental and constitutional rights guaranteed to the petitioner under Article 14,19,21 and 300-A of constitution of India and consequently direct the respondents No.2 to 6 not to interfere with rights over the land in extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac, 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor District. lA 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 No.2 to 6 not to interfere with petitioner rights over of the land in an extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac. 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields Bairedlapalli Mandal, Chittoor District without following due process of law pending disposal of the above Writ Petition. Counsel for the Petitioner: Ms. S. PARINEETA Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : NONE APPEARD The Court made the following order: * »■ APHC010302302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15008/2025 Between: 1.D RAMACHANDRAPPA, S/0. D. VENKATESULU, AGED ABOUT YEARS, OCC-AGRICULTURE R/AT.GUNTHAKURAPALLI VILLAGE, BAIREDDIPALLI MANDAL, CHITTOOR DEVADODDI POST, DISTRICT. ...PETITIONER AND 1,THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 4.THE TAHSILDAR, , BAIREDDIPALLI, MANDAL, CHITTOOR DISTRICT. 5.THE VILLAGE REVENUE OFFICER, DEVADODDI VILLAGE, BAIREDDIPALLI MANDAL, CHITTOOR DISTRICT. 6.K MAHESWARA ACHARI, S/0. K. NARAYANA ACHARI AGED ABOUT YEARS, OCC AGRICULTURE R/AT.GUNTHAKURAPALLI VILLAGE, DEVADODDI POST, BAIREDDIPALLI MANDAL, SECRETARIAT 2 CHITTOOR 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 an appropriate Writ, Order particularly one in the nature of Writ of Mandamus declaring the action of respondents in interfering with petitioner rights over the land assigned to the petitioner in an extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac. 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor District, without passing any orders against the explanation, dated 16-06-2025 submitted by petitioner for the Form-1 Notice, dated 05-06-2025 issued by the respondent No.4 colorable exercise of power and also well established legal principals apart from being voilative of the fundamental and constitutional rights guaranteed to the petitioner under Article 14,19,21 and 300-A of constitution of India and consequently direct the respondents No.2 to 6 not to interfere with rights the land in extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac, 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor 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 No.2 to 6 not to interfere with petitioner rights over of the land in an extant of Ac. 1.43 Cents in Sy.No. 468/2C, Ac. 1.15 Cents in Sy.No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields Bairedlapalli Mandal, Chittoor District without following due process of law pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.S PARINEETA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: or direction more arbitrary, illegal as over 3 1/ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA WRIT PETITION NO: 15008/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in interfering with petitioner rights over the land assigned to the petitioner in an extant of Ac.1.43 Cents in Sy.No.468/20, Ac. 1.15 Cents in Sy.No.466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor District, without passing any orders against the explanation, dated 16-06-2025 submitted by petitioner for the Form-1 Notice, dated 05-06-2025 issued by the respondent No. 4, as arbitrary, illegal, colorable exercise of power and also well established legal principals apart from being voilative of the fundamental and constitutional rights guaranteed to the petitioner under Article 14, 19, 21 and 300-A of constitution of India and consequently direct the respondents No. 2 to 6 not to interfere with rights over the land in extant of Ac. 1.43 Cents in Sy.No.468/2C, Ac. 1.15 Cents in Sy./No. 466/2A, and 0.52 Cents in Sy.No.468/3C of Devadoddi Viliage fields, Bairedlapalli Mandal, Chittoor District and pass ” Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader appearing for the respondents. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac.1,43 3. 4 in Sy.No.468/3C of Devadoddi Village fields, Bairedlapalli Mandal, Chittoor District and his name was also mutated in the revenue records accordingly. The respondent No.4 issued Form-1 notice, dated 05.06.2025 calling the petitioner to submit explanation and without even considering the petitioner’s explanation dated 16.06.2025, the 4^^ respondent is trying to interfere with the peaceful possession of the petitioner over the subject property without following due process of law. Hence, the writ petition. cents On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4‘^ respondent dated 20.06.2025, wherein, the relevant portion is usefully extracted hereunder: 4. 12 Originally the land In suit lands are classified as AWD and subsequently assigned to present writ petitioner vide DKT Patta No. 104/4/1401. The individual has sold the said lands via un-registered saie deed to One Sri K. Maheswara Achari S/o C.R. Narayana Achari the year 17.08.2016 (xerox copy enclosed) by violating the DKT conditions. As per revenue enquiry the writ petitioner has sold the said lands and by suppressing the above facts has filed the present writ petition before the Hon’ble High Court with bad intention.” in 5. Learned Assistant Government Pleader submits that the respondents will consider the said explanation and will follow due process of law as contemplated, if they intend to dispossess the petitioner from the subject property. n.‘ 6. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to consider the petitioner’s explanation dated 16.06.2025 and pass appropriate orders within a period of two (02) months after providing an opportunity of personal hearing to the petitioner, in accordance with law. on 7. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- A. VENUGOPALA RAO assistant registrar SECTION OFFICER To, 1- The Principal Secretary, Pradesh, Revenue C . . Department, State of Andhra ? Th n- . Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. . _ ^ Pa'amaner, Chittoor District 4. The Tahsildar, Baireddipalli, Mandal, Chittoor District. 5. The Village Revenue Officer, Chittoor District. 3. The Revenue Divisional Officer, Devadoddi Village, Baireddipalli Mandal, 7. One CC to Ms. S. Parineeta, 8. Two CCS to GP for Revenue, 9. Two CD Copies Advocate [OPUC] High Court of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:23/06/2025 ^^Ta-nd;^^ ORDER WP NO. 15008 OF 2025 OV g M JUL 2D?5 ml oajt . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS