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2025 DAILYLAW 21684 (AP)

D NARAYANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/15541/2025 · 2025-07-02

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010306782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15541/2025 Between: 1. D NARAYANA REDDY, S/O NALLAPPAREDDY, AGED ABOUT 58 YEARS, OCC BUSINESS, R/O D. NO. 3-2, GEIKA PALLI, SANTHIPURAM, CHITTOOR. ...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 DISTRICT, CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM REVENUE DIVISION, KUPPAM, CHITTOOR DISTRICT. 4. THE TAHSILDAR, SANTHIPURAM MANDAL, SANTHIPURAM, CHITTOOR DISTRICT. 5. SRI YUVA KUMAR, S/O CHANGAREDDY, AGED ABOUT 26 YEARS, OCC POLITICIAN (MPTC), R/O GESIKAPALLI VILLAGE, 64 PEDDUR POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT. 6. M VENKATARAMIREDDY, S/O LATE MUNIVENKATREDDY, AGED ABOUT 62 YEARS, OCC AGRICULTURE, R/O GESIKAPALLI VILLAGE, 64 PEDDUR POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT. 7. MUNEMMA, W/O LATE CHANGAREDDY, AGED ABOUT 45 YEARS, 2 NV,J W.P.15541 OF 2025 OCC AGRICULTURE, R/O GESIKAPALLI VILLAGE, 64 PEDDUR POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT. 8. DHANUSH REDDY, S/O CHANDRASEKHAR REDDY, AGED ABOUT 19 YEARS, OCC STUDENT, R/O GESIKAPALLI VILLAGE, 64 PEDDUR POST, SANTHIPURAM MANDAL, 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 to pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondent No.4 in interfering and dispossessing the petitioner and mutating in favor of unofficial respondents pertaining to agricultural land to an extent of Ac. 1.93 Cents in Sy. No. 63/5A at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District, without issuing notification under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner at the behest of the unofficial respondents as illegal, arbitrary and in violation of Article-14, 21 and 300-A of the Constitution of India and consequently, direct the respondents not to interfere and dispossess the petitioner from the agricultural land measuring an extent Ac. 1.93 Cents at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District, and pass IA 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 interfere and dispossess the petitioner from the agricultural land measuring an extent of Ac. 1.93 Cents at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District pending disposal of the above Writ Petitionand pass Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 NV,J W.P.15541 OF 2025 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “... to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondent No.4 in interfering and dispossessing the petitioner and mutating in favor of unofficial respondents pertaining to agricultural land to an extent of Ac.1.93 Cents in Sy.No. 63/5A at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District, without issuing notification under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner at the behest of the unofficial respondents as illegal, arbitrary and in violation of Article-14, 21 and 300-A of the Constitution of India and consequently, direct the respondents not to interfere and dispossess the petitioner from the agricultural land measuring an extent Ac. 1.93 Cents at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District, and pass...”(in verbatim) 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner herein is that he is the absolute owner and possessor of an agricultural land admeasuring Ac.1-93 cents in Sy.No.63/5A at Gesikapalli Revenue Village, Santhipuram Mandal, Kuppam Revenue Division, Chittoor District, having acquired the same from his ancestors. Since then, he has been in peaceful possession and enjoyment of the subject land. 4. While so, the respondent Nos. 5 to 8 are trying to interfere with the petitioner’s peaceful possession of the property and also trying to obtain mutation in their favour, as if, they are the owners of the subject property without there being any title, with the collusion of the 4th respondent herein. Hence, the present writ petition. 5. On the other hand, learned Assistant Government Pleader for Revenue furnished written instructions submitted by the 4th respondent dated 27.06.2025, wherein it is stated that: “Further submit that, the DKT Patta No.370/4/1370 dated 07.02.1961 verified with village accounts of Gesikapalli Revenue Village of Santhipuram Mandal. The pattadar details found correct in the name of 4 NV,J W.P.15541 OF 2025 Sri.Nallappa Reddy S/o.Munaswamy reddy, but there is no procession of pattadar or legal heirs in entire Ac.1-93 cents in Sy.No.63/5A. Present the respondent No.5 is in the enjoyment of Sy.No.63/5A with an extent of Ac.0.965 cents and same is trying to mutate in his name by the Mutation application No.MUT250430001656 and the application was rejected by the Tahsildar for neither enclosing the relevant documents for proving his legal heiress nor the subject land is DKT Land. Hence, the application was rejected by the Tahsildar, Santhipuram. The said lands in Sy.No.63/5A with an extent of Ac.1-93 cents are not mutated in any other persons.” 6. Learned Assistant Government Pleader further submits that the petitioner has been in the possession of the subject land. It is true that the unofficial respondents submitted an application for getting mutation in respect of the land, claiming that they were in possession of the property. But, after conducting an enquiry, the said application was rejected as they are not entitled for such mutation. He further submits that the official respondent neither supporting nor co-operating the unofficial respondents as alleged by the petitioner. Since it is the dispute between the petitioner and unofficial respondents, the official respondents are not trying to support any of the party. 7. Considering the submissions made by both counsel and on perusal of the material on record, this court of the considered view that the writ petition can be disposed of in view of the categorical statement submitted by the 4th respondent before the Court that the claim of the unofficial respondents for mutation was already rejected. Therefore, the allegation of the petitioner is that the official respondents are taking steps for mutation of their names as pattadars, is only an apprehension. Therefore, the grievance of the petitioner was already redressed by way of rejection. The other allegations of the petitioner are also denied by the official respondents, as the official respondents are not interfering with the subject property. 8. Having considering the reasons stated above, it appears that the disputes between the petitioner and the unofficial respondents, is civil in nature, and the same can be resolvedby way of initiating any appropriate proceedings before Court of law. 5 NV,J W.P.15541 OF 2025 9. Accordingly, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:03.07.2025 LSP 6 NV,J W.P.15541 OF 2025 51 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15541/2025 Date:03.07.2025 LSP