Extracted from the PDF above. The PDF is authoritative.
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APHC010315612025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15746/2025 Between:
1. PYLI PULLARAO, S/O. LATE PYLI KRISHNA AGED ABOUT 40 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 2. PYLI AADHAYYA, S/O. LATE PYLI KRISHNA AGED ABOUT 38 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL EAST GODAVARI DISTRICT. 3. PYLI APPALA RAJU, S/O. LATE RAMULU, AGED ABOUT 50 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL EAST GODAVARI DISTRICT. . 4. PYLI VENKATA RAMANA,, S/O. LATE RAMULU, AGED ABOUT 60 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL EAST GODAVARI DISTRICT. 5. PYLI VISHNU, PYLI VISHNU, S/O. LATE RAMULU, AGED ABOUT 40 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 6. PYLI SURYAKANTHAM, W/O. NAGARAJU, AGED ABOUT 65 YEARS, OCC HOUSE HOLDDUTIES, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 7. PYLI RAJITHA, W/O PALAPILLI VISHNU AGED ABOUT 25 YEARS, OCC HOUSE HOLDDUTEIS, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 8. DASARI VARALAMMA, W/O. NOOKARAJU, AGED ABOUT 80
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YEARS, OCC HOUSE HOLDDUTEIS R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 9. . DASARI SATYANARAYANA, S/O. KANNARAO, AGED ABOUT 55 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 10. DASARI KANNARAO, S/O. LATE RAMULU, AGED ABOUT 79 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL EAST GODAVARI DISTRICT. 11. GONTHINA SRINU, S/O. LATE SURYARAO, AGED ABOUT 50 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 12. SALADI SATYANARAYANA, S/O. LATE APPARAO, AGED ABOUT 65 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 13. SALADI DHARMA RAJU, S/O. LATE APPARAO, AGED ABOUT 58 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 14. . SALADI CHINNA APPARAO @ PEDAKAPU, S/O. LATE APPARAO, AGED ABOUT 62 YEARS, OCC FORMER, R/O. BAVOJI PETA, GOKAVARAM MANDAL EAST GODAVARI DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 5.
PEDDE BHEEMA RAJU, S/O. PALLAYYA, AGED ABOUT 50 YEARS, R/O. GUMMALLADODDI VILLAGE, GOKAVARAM MANDAL, EAST
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GODAVARI 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 2 to 4 in resorting to acquire the lands of the petitioners by dispossessing them for the purpose of allotting to third parties is illegal, arbitrary violation of principles of natural justice and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the lands of the petitioners admeasuring Ac. 2.25 cents and Ac. 2.85 cents in Sy. No. 4/1 Ac. 0.60 cents in Sy. No. 4/3 Ac. 0.39 cents Ac. 0.19 cents and Ac. 0.39 cents in Sy. No. 4/5 Ac. 0.87 Ac. 0.87 and Ac. 0.87 Ac. 0.68 in Sy. No.4/7and Ac. 2.00 cents in Sy. No. 4/8 of Bavoji Peta of Gummalladoddi Village, Gokavaram Mandal, East Godavari District and to 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 No. 2 to 4 not to dispossess the petitioners from their agricultural lands admeasuring Ac. 2.25 cents and Ac. 2.85 cents in Sy. No. 4/1; Ac. 0.60 cents in Sy. No. 4/3; Ac. 0.39 cents; Ac. 0.19 cents; and Ac. 0.39 cents in Sy. No. 4/5; Ac. 0.87; Ac. 0.87 and Ac. 0.87; Ac. 0.68 in Sy. No.4/7 and Ac. 2.00 cents in Sy. No. 4/8 of Bavoji Peta of Gummalladoddi Village, Gokavaram Mandal, East Godavari Districtpending disposal of the writ petition and to pass Counsel for the Petitioner(S):
1. V V SATISH Counsel for the Respondent(S):
1.
GP FOR REVENUE The Court made the following:
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15746/2025 ORDER:
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“..to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 to 4 in resorting to acquire the lands of the petitioners by dispossessing them for the purpose of allotting to third parties is illegal, arbitrary, violation of principles of natural justice and violation of Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the lands of the petitioners admeasuring Ac.2.25 cents and Ac.2.85 cents in Sy.No.4/1, Ac.0.60 cents in Sy.No.4/3, Ac.0.39 cents Ac.0.19 cents and Ac.0.39 cents in Sy.No.4/5, Ac.0.87, Ac.0.87 and Ac.0.87, Ac.0.68 in Sy.No.4/7 and Ac.2.00 cents in Sy.No.4/8 of Bavoji Peta of Gummalladoddi Village, Gokavaram Mandal East Godavari District and to pass.”
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are absolute owners and possessors of the subject land having acquired the same through various registered sale deeds as (annexed with writ petition) and they are in possession and enjoyment of the subject land without any interference by anybody. While so, to the utter shock of the petitioners, on the application filed by the 5th respondent, the 4th respondent served the notice, dated
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02.01.2025 to the petitioners directing them to attend the enquiry scheduled to be conducted on 25.01.2025 at 12.10 AM. The officers of the 4th respondent served the notice on the next day of the meeting and obtained the signatures of the petitioners on a white paper.
The learned counsel for the petitioners submits that under the guise of the enquiry, the respondents are trying to evict the petitioners from the subject land without following due process of law. Hence, the learned counsel for the petitioners requests this Court to set aside the notice issued by the 4th respondent, dated 02.01.2025 to the petitioners. 4. On the other hand, learned Assistant Government Pleader for revenue appearing for the respondents furnished written instructions issued by the 4th respondent dated 30.06.2025, wherein it is stated as follows:
“… It is further submitted that, as the unofficial respondent filed multiple PGRS files, a notice was issued and further filed inspection was conducted and as the unofficial respondent has not submitted any documentary evidence to prove his title/possession over the said lands and also as the unofficial respondent was not in possession of the said lands, an endorsement has been issued to the unofficial respondent that as he has no documentary evidence to prove his title over the land, it is not possible to issue pattadar passbooks in favour of him and further directed him to approach Hon’ble Civil Court. 6
In view of the above circumstances, it is submitted that, due procedure was followed on redressing the PGRS application filed by the unofficial respondent and further the petitioners were not dispossessed from the lands in Sy.No.4/1 etc of Gummaladoddi village of Gokavaram mandal and further submitted that, in the event of any additional claims over the said lands, due procedure will be followed in the future also..”
5. On perusal of the written instructions submitted by the 4th respondent, dated 30.06.2025, it is categorically stated that the claim of the 5th respondent was rejected by way of an endorsement holding that the 5th respondent is not entitled for any relief in respect of the subject land as he has no documentary evidence to prove his title.
In view of the same, the impugned notice issued by the 4th respondent, dated 02.01.2025 become void. 6. Therefore, by recording the said instructions, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners, except by following due process of law. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 7
As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________
VENKATESWARLU NIMMAGADDA, J 01.07.2025 TTM M
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15746/2025 01.07.2025 TTM M