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2025 DAILYLAW 22746 (AP)

MATTAKOYYA RAMBABU v. State of Andhra Pradesh,

WP/16167/2025 · 2025-07-02

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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PHC010319732025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI ^ (Special Original Jurisdiction) j ?o' o .45 THURSDAY, THE THIRD DAY OF JULY TWO thousand AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 16167 OF 2n?fi PRASAD Between: Mattakoyya Rambabu, S/o. Nageswara Rao Employee, R/o. 3-24, Reningivaram Village District. • V aged about 40 years, Occ J. Pangalur Mandal, Bapatia Petitioner V A ^ AND 1. State of Andhra Pradesh _ represented by its Principal Seeretarv to overnmen Panchayat Raj .and Rural Development Department Secretariat, Velagapudi, Amaravati. 2. The Revenue Divisional Officer; ilp^la 3. The Tahsildar, J Pangalur MandaT, Bapatia f The Renangivaram Gram Panchayat, Represented by its Secretary ; Rsngangwaram Village, J Pangalur Mandal, Bapatia District .Respondents Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a Writ, Order, nature of a Writ of Mandamus, of India praying that in the the High Court may be . or . Direction, more particularly one in the declaring the action of the respondents, particularly the 4th respondent, in, issuing the impugned notice Rc. No. 10/2025 dated 21.06.2025, site measuring 0.3 cents i seeking eviction of the petitioner from the house in R.S. No. 18/2A of Renangivaram Village, J. Pangalur Mandal, Bapatia District arbitrary, illegal, unconstitutional th® ^Constitution of India i': - ■ ■ Without following due process of law inal, and violative of Articles 14, 21. and 300A of as if/ and noHo Interfere with the peaceHiP "" property without following due proees® of law eonsequently direct the respondent authorities possession and enjoyment of the petitioners jA NO: 1 OF 2071; Petition under Section 151 :GPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court ciiiQnonH may be pleased to 2 06 2 «’- ™P^9ned notice Rc. No. 10/2025 dated ? .06.2025 ,ssued by the 4,h responden. and restrain the respondents from Til? r . .S. No. 18/2A of Renangivaram-Village, pending disposal of the above writ Counsel for the Petitioner: represented for SRI MEDApiATl Counsel for the Respondent No RAMA KRISHNA, ADVOCATE SANTOSH REDDY ■1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2, 3; GP FOR REVENUE Counsel for the Respondent No.4- represented for SRI SUDHIR The Court made the following- pi^er ! SRI T ANESH, LEARNED COUNSEL MATTEGUNTA • ■ 0 ^ i. ■ APHC010319732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16167/2025 Between: 1.MATTAKOYYA RAMBABU, S/0. NAGESWARA RAO, AGED ABOUT 40 YEARS, OCC EMPLOYEE, R/0. 3-24, RENINGIVARAM VILLAGE, J. PANGALUR MANUAL, BAPATIA DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL SECRETARIAT, VELAGAPUDI, SECRETARY TO GOVERNMENT DEVELOPMENT DEPARTMENT, AMARAVATI. 2.THE REVENUE DIVISIONAL OFFICER, BAPATLA 3.THE TAHSILDAR, J PANGALUR MANDAL, BAPATLA 4.THE RENANGIVARAM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, RENGANGIVARAM VILLAGE, J PANGALUR MANDAL BAPATLA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.MEDAPATI SANTOSH REDDY Counsel for the Respondent(S): 2 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Krishna, learned Counsel representing Sri Heard Sri N. Siva Rama Santosh Reddy, learned Counsel for the Writ Petitioner, Sri Medapati T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, learned Assistant Government Pleader for Sri Panku Rajesh Kumar Panchayat Raj and Sri T. Anesh, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. record would indicate that the Writ Petitioner has been in possession of the subject area for the past thirty years and that he has been electricity connection for the last fifteen years. The photograph in 2. The facts on having an Ex.P.2 would reflect these facts. submission of the learned Counsel for the Writ Petitioner that It is the the Petitioner made an Application for Requisition by way of grant of DKT Patta, and the same is pending with the Competent Authority. The fact that the of the Petitioner for grant of DKT Patta or for an alternate site if the 3. Application subject area is reserved for communal purposes, is also pending before the Competent Authority. 4. Having regard to these facts, and also having regard to the law laid Government Of Andhra Pradesh Vs down by the Supreme Court in Thummala Krishna Rao & Anr : 1982 (2) SCO 134, this Court deems it of the matter at the admission stage by directing the appropriate to dispose parties not to initiate any coercive steps until final orders are passed in respect of the Application made by the Petitioner for grant of DKT Patta or grant of an alternate site. and directions, this Writ Petition is partly With these observations allowed. No order as to costs. 5. i;' 3 6. Sri T. Sanjeeva Rao, learned Assistant Government Pleader is directed to convey the gist of this Order to the Official Respondents forthwith for effective compliance. Interlocutory Applications, if any, stand closed in terms of this order. 7. SDI- G HELA NAIDU ASSISTANT^ registrar FFICER //TRUE COPY// S To, rT" i:' 1. The Principal Secretary to Government, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati. 2. The Revenue Divisional Officer, Bapatia 3. The Tahsildar, J ffangalur Mandal, Bapatia 4. The Secretary, Renangivaram Gram Panchayat, Rengangivaram Village, J Pangalur Mandal, Bapatia District 5. One CC to SRI MEDAPATI SANTOSH REDDY Advocate [OPUG] 6. One CC to SRI MATTEGUNTA SUDHIR, Standing Counsel for ZPP, MPP, GRAM PANCHAYAT [OPUC] 7. Two CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court of Andhra Pradesh [OUT 8. Two CCs to GP FOR REVENUE^ .High Court of Andhra Pradesh [OUT] 9. Three CD Copies I gsg i \ f' \ HIGH COURT DATED: 03/07/2025 1 f ORDER WP 16167/2025 i-'v.'. { PARTLY ALLOWING THE WP WITHOUT COSTS