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2025 DAILYLAW 21869 (AP)

KALLA LAKSHMAN v. THE STATE OF AP

WP/15405/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010308912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15405 OF 2025 Between: J . Kalla Lakshman, S/o. Subbaraju late, Aged 43 years Addateegala Village and Mandal Alluri Seetaramaraju District. 2, Palukuri Durgaprasad, S/o. Subbarao, Aged 37 years Addateegala Village & Mandal Alluri Seetaramaraju District. 3. Devatha Ramakrishna, S/o. Suryaprakasharao ,Aged 54 years Addateegala Village and Mandal Alluri Seetaramaraju District. 4. V.V Satyanarayanamma, W/o. Satyanarayana Murthy, Aged 60 years . Addateegala Village and Mandal Alluri Seetaramaraju District. 5. Dendukuri Sairaju, S/o.Ramaraju, Aged and 65 years, Addateegala Village and Mandal Alluri Seetaramaraju District. 6. Paidipala Lingamani, D/o. Swamulu, Aged 37 years, Addateegala Village and Mandal Alluri Seetaramaraju District. 7. Made Mounika, D/o. Durga Prasad Aged years, Addateegala Village and Mandal Alluri Seetaramaraju Dictrict. 8. Barre Veerraju, W/o. Seetarama wamulu. Aged 62 years Addateegala Village and Mandal Alluri Seetaramaraju District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Alluri Seetaramaraju District. 3. The Tahasildar, Addateegala Mandalam, Alluri seetaramaraju 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the Action of the Respondents No.2 to 3 are trying to interefere /Eviction the petitioners from their scheduled properties Ac sheet sheds at Sy.No .17 in, Addateegala Village, Alluri seetaramaraju District in pursuance of impugned Notices issued by the Respondent, without considering the petitioners explanation dt 06.06.2025 is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and also violation of Principles of Natural Justice and consequently set aside the impugned Eviction Notices issued by the 3'"^ Respondent. 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 not to interfere with the peaceful possession and enjoyment of the schedule properties Ac sheet sheds at Sy.No. 17 in Addateegala Village, Alluri seetaramaraju District of the petitioners and pass such other order/s this Hon'ble Court may deem fit and proper in the circumstances of the case pending disposal of the above writ petition. Counsel for the Petitioners : SRI M. SAPTHAGIRI Counsel for the Respondents : GP FOR REVENUE The Court made the following: ORDER APHC010308912025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15405/2025 Between: ...PETITIONER(S) Kalla Lakshman and others AND ...RESPONDENT(S) The State of AP and others Counsel for the Petitioner(S): 1.M. SAPTHAGIRI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15405/2025 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 to declare the Action of the Respondents No. 2 to 3 are trying to interfere /Eviction the petitioners from their scheduled properties Ac sheet sheds at Sy.No.17 in Addateegala Village, Alluri seetaramaraju District in pursuant of impugned Notices issued by the 3^^ Respondent, without considering the petitioners explanation dt 06.06.2025 is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and also violation of Principles of Natural Justice and consequently set aside the impugned Eviction Notices issued by thd 3^^ Respondent and pass. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners have been in peaceful possession and enjoyment of the lands situated in Sy.No.17 of Addategala Village and Mandal, Alluri Seetharamaraju District, for the past 12 years. While the petitioners are continuing their possession, the 3rd respondent issued eviction notices dated 31.05.2025 and 02.06.2025 under Section 7 of the Andhra Pradesh Land Enforcement Act No.3 of 1905, r- 3 alleging that the subject lands are Government lands and calling upon the petitioners to submit their explanations or to appear in person. In response, the petitioners have submitted detailed explanations along with relevant However, despite the submission, the 3 respondent, for the reasons best known to him, has neither considered the petitioners’ explanations nor passed any other reasoned order. Without doing respondent is proceeding to demolish the petitioners’ shops without affording them an opportunity of being heard or considering their explanations dated 06.06.2025, 07.06.2025 and 09.06.2025. Hence, the Writ Petition. rd documents on 06.06.2025. rd SO, in the meantime, the 3 Learned Government Pleader for the respondents submits that the 4. lands in Sy.No.17, Addategala Vilalge and Mandal, Alluri Seetaramaraju District are classified as government lands and the said lands are under unauthorized occupation of the petitioners. Hence, notice under Section 7 of the Act was issued to the petitioners calling for detailed explanation from the petitioners as to why they shall not be evicted from the land. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to consider the petitioners explanations dated 06.06.2025, 5. 4 07.06.2025 and 09.06.2025, and pass appropriate orders within a period of three (03) weeks from today after considering the said explanations to the notices dated 31.05.2025 and 02.06.2025, within a period of two (02) months thereafter. Pending disposal of the said applications, the respondents are directed not to dispossess the petitioners from the subject property. With the above direction, the Writ Petition is disposed of. There shall be 6. no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGIST^ ON OFFICER //TRUE COPY// SE To, 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, . A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Alluri Seetaramaraju District. 3. The Tahasildar, Addateegala Mandalam, Alluri Seetaramaraju District. 4. One CC to Sri M. Sapthagiri, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies Cnr HIGH COURT DATED:24/06/2025 ORDER WP 15405/2025 DISPOSING OF THE W.P. WITHOUT COSTS