Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 22219 (AP)

AKULA KONDAL RAO v. THE STATE OF AP

WP/16004/2025 · 2025-07-01

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010313282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0: o WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE O PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16004 OF 2025 Between: Akula Kondal Rao, S/o. Acthiraju Veerabadhrapuram Village, Addateegala Mandal, Alluri Sitha Rama Raju District. Age 48 yrs, Occ Agriculture, R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Welfare Department, Secretariat, Velagapudi, Guntur District. Tribal 2. The District Collector, Alluri Sitha Rama Raju District at Paderu. 3. The Tahsildar, Addateegala Mandal, Alluri Sitha Rama Raju District. 4. The Special Deputy Collector, Addateegala Mandal, Alluri Sitha Rama Raju District. S.Salapureddy Ram Babu, S/o. Not Known to the Petitioner, R/o. Atchiyyapeta Village, Addateegala Mandal, Alluri Sitha Rama Raju 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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd and 4th respondents and their subordinate staff seeking to disposes the petitioner from his lands to extent of Ac 0.50 cts in Sy.No.26/1, Ac 4.88 cts in Sy.No.26/2 and Ac 4.20 cts in Sy.No.40 situated at Atchaiahpeta Village, Addateegala Mandal, Alluri Sitha Rama Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from his lands without following the due process of law, in the interest of Justice. 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 3'^'^ and 4^*^ respondents and their subordinate staff not to interfere and dispossess the petitioner from his lands to an extent of Ac 0.50 cts in Sy.No.26/1, Ac 4.88 cts in Sy.No.26/2 and Ac 4.20 cts in Sy.No.40 situated at Atchaiahpeta Village, Addateegala Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. VENKATESH Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2,3,4: GP FOR REVENUE Counsel for the Respondent No.5: NONE APPEARED The Court made the following order: an 7 • APHC010313282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY. THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16004/2025 Between: 1.AKULA KONDAL RAO, S/0 ACTHIRAJU, R/0 VEERABADHRAPURAM AGE 48 YRS, OCC VILLAGE. ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. AGRICULTURE, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ALLURI SITHA RAMA RAJU DISTRICT AT PADERU. 3.THE TAHSILDAR, ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 4.THE SPECIAL DEPUTY COLLECTOR, ADDATEEGALA MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 5.SALAPUREDDY RAM BABU PETITIONER, MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. S/0 NOT KNOWN TO THE R/0 ATCHIYYAPETA VILLAGE, ADDATEEGALA ...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 issue order or direction more particularly one in the nature of Writ ) 2 of MANDAMUS declaring the action of the 3rd and 4th respondents and their subordinate staff seeking to disposes the petitioner from his lands to extent of Ac 0.50 cents in Sy.No.26/1. Ac 4.88 cents in Sy.No.26/2 and Ac 4.20 cents in Sy.No.40 situated at Atchaiahpeta Village, Addateegala Mandal. Alluri Sitha Rama an Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from his lands without following the due process of law, in the interest of Justice 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 to direct the 3rd and 4th respondents and their subordinate staff not to interfere and dispossess the petitioner from his lands to an extent of Ac 0.50 cents in Sy.No.26/1, Ac 4.88 cents in Sy.No.26/2 and Ac 4.20 cents in Sy.No.40 situated at Atchaiahpeta Village, Addateegala Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition and Counsel for the Petitioner; 1.KVENKATESH Counsel for the Respondent(S): 1.GP FOR SOCIAL WELFARE The Court made the following ORDER: Heard Sri K.Venkatesh, learned counsel for the petitioner and Smt Swapna Priya, learned Assistant Government Pleader for Social Welfare for respondents 1 to 4. 2. The notice in respect of the 5“" respondent is dispensed with since no adverse order is passed affecting the right or interest of the 5^'^ respondent. 3. The grievance of the petitioner is that respondents 3 and 4 are trying to dispossess the petitioner of an extent of Ac.0.50 cents in Sy.No.26/1, Ac.4.88 cents in Sy.No.26/2 and Ac.4.20 cents in Sy.No.40 situated at Atchaiahpeta Village, Addateegala Mandal, Alluri Sitha Rama Raju District, without following due process, as illegal and arbitrary. pass 3 Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the aforementioned properties. In support of the claim of the petitioner passbook issued by the Government of Andhra Pradesh, as well as the Adangal copy downloaded on 24.06.2025 were filed. 4. Learned Assistant Government Pleader submitted instructions of the Tahsildar, Addateegala. The instructions would reveal that the Tahsildar neither issued notice under provisions of the AP Schedule Areas Land Transfer Regulations 1/59 as amended by Regulation 1/1970, nor took any measures to dispossess the petitioner from the scheduled land. Given the facts and circumstances, without touching the merits of the matter and expression any opinion regarding the title of possession of the petitioner over the aforementioned lands, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the respondents 3 and 4 not to interfere with the lands referred to supra without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 5. 6. Sd/- A. VENU GOPAL RAO ASSISTANT RE^TRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Tribal Welfare Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Alluri Sitha Rama Raju District at Paderu. 3. The Tahsildar, Addateegala Mandal, Alluri Sitha Rama Raju District. 4. The Special Deputy Collector, Addateegala Mandal, Alluri Sitha Rama Raju District. 6. One CC to Sri K. Venkatesh, Advocate [OPUC] GP for Social Welfare High Court of Andhra Pradesh [OUT]. 7. Two CCs to 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh.[OUT]. 9. Three CD Copies. AL T \ 4 HIGH COURT \ \ DATED:02/07/2025 ORDER WP NO. 16004 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS ■J /