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r H \ ■ APHC010308512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) F, Hi? TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15735 OF 2025 Between: S Sreeramulu, S/o Late Nallapuri Boyadu, Aged about Cultivation, R/o D. No. 46/A, Kakarlavanka Village, Santhipuram Mandal, Chittoor District. 56 years, Occ Karlagatta Post, ...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 Chittoor District. Kuppam,
4. The Tahsildar, Santhipuram Mandal, Santhipuram, Chittoor District. 5. V Hari Krishna, S/o not known to petitioner. Aged major, Occ not known to petitioner, R/o Kakarlavanka Village, Veduruguttapalli Revenue Village, Santhipuram Mandal, Chittoor District. 6. Manohar Raju, S/o late Devendra Raju, Aged about 35 years, Occ Real Estate, R/o Karlagatta Post, Santhipuram Mandal, Chittoor District. ...Respondents praying that in the may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court
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 trying to dispossess the petitioner from the lands to an extent of Ac.2.10 Cents in Sy. No. 55/4 at Veduruguttapalli Village, Santhipuram Mandal, 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 petitionerat 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 respondents not to interfere and dispossess the agricultural land measuring an extent Ac.2.10 Cents Veduruguttapalli Village, Santhipuram Mandal, Chittoor District consequently, direct the petitioner from the in Sy. No. 55/4 at 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 and dispossess the petitioner from the agricultural land measuring an extent of Ac.2.10 Cents in Sy.
No. 55/4 at Veduruguttapalli Village, Santhipuram Mandal, Chittoor District pending disposal of the above Writ Petition Counsel for the Petitioner: SRI HARINATH REDDY SOMA Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order:
1 %' APHC010308512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 3 F.K TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15735/2025 Between:
1.S SREERAMULU, S/0 LATE NALLAPURI BOYADU, AGED ABOUT 56 YEARS, OCC CULTIVATION, R/0 D. NO. 46/A, KAKARLAVANKA KARLAGATTA POST, SANTHIPURAM MAN DAL, VILLAGE, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY 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 MANUAL, SANTHIPURAM, CHITTOOR DISTRICT. 5.V HARI KRISHNA, S/0 NOT KNOWN TO PETITIONER. AGED MAJOR, OCC NOT KNOWN TO PETITIONER, R/0 KAKARLAVANKA VEDURUGUTTAPALLI REVENUE VILLAGE, VILLAGE, SANTHIPURAM MANDAL, CHITTOOR DISTRICT. 6.MANOHAR RAJU, S/0 LATE DEVENDRA RAJU, AGED ABOUT 35 R/0 KARLAGATTA POST, YEARS. OCC REAL ESTATE, SANTHIPURAM MANDAL, CHITTOOR DISTRICT. 2 ...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 direction more particularly one in the nature of Writ of Mandamus declare the action of the respondent No.4 in interfering and trying to dispossess the petitioner from the lands to an extent of Ac.2.10 Cents in Sy.
No. 55/4 at Veduruguttapalli Village, Santhipuram Mandal, 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.2.10 Cents in Sy. No. 55/4 at Veduruguttapalli Village, Santhipuram 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 not to petitioner from the agricultural land measuring an extent of Ac.2.10 Cents in Sy. No. 55/4 at Veduruguttapalli Village, Santhipuram Mandal, Chittoor District pending disposal of the above Writ Petitionand Counsel for the Petitioner: interfere and dispossess the pass 1.HARINATH REDDY SOMA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
3 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15735/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“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 trying to dispossess the petitioner from the lands to an extent of Ac.2.10 Cents in Sy.No. 55/4 at Veduruguttapalli Village, Santhipuram Mandal Chittoor District without issuing notification under the provisions of The Right to Fair Compensation and Transparency In Land Acguisitlon 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 Articlel4, 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.2.10 Cents Santhipuram Mandal Chittoor District and pass. Sy. No. 55/4 at Veduruguttapalli Village in
2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 25.06.2025 issued by the 4**^ respondent, wherein it is stated as follows:
“The Writ Petitioner said that the Sy. No. 55/4 was purchased by Chenganna, S/o.Mooganna who is the
4 petitioner’s uncle (wife’s father) from the original DKT pattadar G.Peddanna, S/o.Gandenna Boyadu through unregistered sale agreement In
1995. Further the Sy. No.55/4 an extent of 2.10 cents was fraudently entered in to online webland by forgery DKT patta No. 5/4/1404, dated 26.12.1994 In the name of S.Sreeramulu, s/o.Late Sallapuri Boyadu and same details entered in pattadar passbook vide katha No. 223 of Veduruguttapalli Revenue village, Santhipuram Mandal, Chittoor District. Further submit that the DKT patta No. 5/4/1404, dated 26.12.1994 verified with office records and 4-register of assignments. The pattadar details not found and realize that the DKT patta is fake. The details in online webland also entered by fraudulent manner. Further submit that the petitioner taking KCC loan from Canara Bank, Kuppam vide loan No.2714840015940.
The writ petitioner claimed that the Sy.No.55/4 an extent ofAc.2.10 cents in his land and approaching the Fion’ble Junior Civil Judge Court, Kuppam and filed OS.No.183/2016 that still In process” 'i are
4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. V.
5 M.Varadappa Naidu (Dead) by L.Rs.^”. Therefore, if the petitioner are in possession of the subject property, the respondents are
directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, except by following due process of law.
5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
T2004 (1)SCC 769 SD/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh % Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Chittoor District, Chittoor. The Revenue Divisional Officer, Kuppam Revenue Division, Kuppam, Chittoor District. The Tahsildar, Santhipuram Mandal, Santhipuram, Chittoor District.
One CC to SRI HARINATH REDDY SOMA Advocate [OPUC] Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] Two CD Copies GSG Revenue
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HIGH COURT DATED: 01/07/2025
ORDER WP NO. 15735 OF 2025 5 1«m m m; *2: ca ^ , Current Section ^ disposing the wp WITHOUT COSTS