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2025 DAILYLAW 23407 (AP)

C RANGA SWAMY v. State of Andhra Pradesh,

WP/16774/2025 · 2025-07-13

Subba Reddy Satti

body2025

Judgment text

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APHC010330872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16774/2025 Between: 1. C RANGA SWAMY, S/O. C. CHITTAPPA, AGED ABOUT 45 YEARS, 2. C. NAGARAJU,, S/O. C. CHITTAPPA, AGED ABOUT 41 YEARS. 3. C. DEVARAJU,, S/O. C. CHITTAPPA AGED ABOUT 38 YEARS. ALL ARE RESIDENT OF KENKARA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAL DISTRICT. 3. THE REVENUE DIVISIONCJ OFFICER, PENUGONDA DIVISION, SRI SATYA SAI DISTRICT. 4. THE MANDAL TAHSILDHAR, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. 5. M GLRIAPPA, S/O. KUPPARA DODDU TIPPANA, AGED ABOUT 6 YEARS, R/O. KENKARA VILLAGE, AMARAPURAMMANDAL, SRI SATYA SAI DISTRICT. ...RESPONDENT(S): 2 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 mandamus declaring the action of the 4th respondent in trying to dispossess the petitioners from the agricultural land being an extent of Ac. 0.65 cents each respectively situated in Sy.No.78-2 at Hemavathi Revenue Village, Amarapuram Mandal, Sri Satya Sai District is as illegal, arbitrary and violative of article 14, 21 and 300A of Constitution of India and violation of principles of natural justice and consequently direct the 4th respondent not to interfere in the above subject survey numbers and 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 to direct the 4th respondent not to interfere in respect of the lands of the petitioners being an extent of Ac.0.65 cents each respectively situated in Sy.No.78-2 at Hemavathi Revenue Village, Amarapuram Mandal, Sri Satya Sai District, pending disposal of the writ petition, and pass Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri P.Narasimhulu, learned counsel for the petitioners and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. The notice in respect of the 5th respondent is dispensed with since no adverse order is passed affecting the interest of the 5th respondent. 2. The grievance of the petitioners is that the 4th respondent is trying to dispossess the petitioners of an extent of Ac.0.65 cents in Sy.No.78-2 Hemavathi Revenue Village, Amarapuram Mandal, Sri Satya Sai District, without issuing notice, as illegal and arbitrary. 3 3. Learned counsel for the petitioners would submit that the petitioners’ father purchased an extent of Ac.2.00 cents in Sy.No.78-2 Hemavathi Revenue Village, Amarapuram Mandal, Sri Satya Sai District, under registered sale deed vide Doc.No.1823/2012 dated 09.08.2012. After the death of the father Petitioners divided the property under a partition deed dated 06.02.2019 (Ex.P2) petitioners got Ac.0.65 cents. Petitioners filed an adangal downloaded on 02.07.2025 (Ex.P4). Petitioners also filed the Pattadar pass books issued by revenue authorities. 4. Learned Assistant Government Pleader for Revenue on instructions would submit that the 4th respondent is not interfering with the petitioners’ possession of the property. The same is recorded. 5. Given the facts and circumstances, without going into the merits of the matter, the writ petition is disposed of, at the admission stage, directing the 4th respondent not to interfere with the possession of the property each Ac.0.65 cents without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 14.07.2025 SNI 4 140 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16774/2025 Date: 14.07.2025 SNI