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2025 DAILYLAW 23748 (AP)

PALLAPU VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/17192/2025 · 2025-07-14

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010335852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JUl.Y TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1719? OF 7n9i; Between: Pallapu Venkateswarlu, S/o. Ankaiah aged about 64 years, Occ. Agriculture, R/o D.No.2-117, Thimmayapalem Village Mandal, Palnadu District. Vinukonda ...Petitioner AND 1. The Principal Secretary, Revenue Department Velagapudi, Amaravati. 2. The District Collector, Narasaraopet, Palnadu District. 3. The Revenue Divisional Officer, Narasaraopet, Palnadu District. 4. The Thasildar, Vinukonda Mandal, Palnadu District. 5. Nandigam Bujji, S/o. China Ramulu, Cultivation R/o. Thimmayapalem Village, Vinukonda District. 6. Bathula Nagaraju, S/o Venkateswarlu Business, R/o. Thimmayapalem Village District. 7. Challa Chenaramulu, S/o. Subulu @ Subbhaiya R/o. Kummaripalem, Vinukonda Mandal, Palnadu District. Secretariat buildings aged about 50 years Occ. Mandal, Palnadu aged about 45 years, Occ. Vinukonda Mandal, Palnadu aged about 50 years H/o. Thimmayapalem, Occ. Cultivation 8. Bandaru Puma Chandra Rao, , S/o. Not Known aged about 30 years, Occ. Business, R/o. Kummaripalem, H/o. Thimmayapalem, Vinukonda Mandal, Palnadu District. 9. Bandaru Nageswara Rao, S/o Edu Kondalu aged about 30 Business, Mandal, Palnadu District. lO.Tellamekala Ranga, S/o Tirupataiah Business, Mandal, Palnadu District. years, Occ. Vinukonda R/o. Kummaripalem, H/o. Thimmayapalem, aged about 50 years, Occ. R/o. Kummaripalem, H/o. Thimmayapalem, Vinukonda ...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, declaring the actions of Respondents3 AND sub-ordinateofficers in interfering into petitioner's possession and enjoyment of the land admeasuring Ac.0.25 cents in Survey Nos. 213/2-3 and 216 of Thimmayapalem Village, 4 and their Vinukonda Mandal, Palnadu District and also the land at the behest and influence attempting to disposes from Respondents 5 to 10 herein of as illegal, arbitrary, and unconstitutional and violative of Articies 14, 21 300-A of the Constitution of India and consequently not to to direct the Respondents and their subordinate officers interefere/disposess with the petitioner's possession and enjoyment of the land admeasuring Ac.0.25 Thimmayapalem Village, Vinukonda Mandal, Palnadu cents in Survey Nos. 213/2-3 and 216 of District. 213/2-3 and 216 of District. lA NO: 1 OF 2n?.*> Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the direct petition, the High Court may be pleased to their subordinate officers interefere/disposess with the petitioner's possession and enjoyment of the land admeasuring Ac.0.25 the Respondents and not to cents in Survey Nos. 213/2-3 and 216 of f Thimmayapalem Village pending disposal of the above writ petition. Counsel for the Petitioner: SHAIK MEERAVALI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 10: NONE APPEARED The Court made the following order: Vinukonda Mandal, Palnadu District forthwith '#■ APHC010335852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17192/2025 Between: 1.PALLAPU VENKATESWARLU, S/0. ANKAIAH, AGED ABOUT 64 YEARS, OCC. AGRICULTURE, R/0 D.NO.2-117, THIMMAYAPALEM VILLAGE, VINUKONDA MANUAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, NARASARAOPET, PALNADU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET, PALNADU DISTRICT. 4. THE THASILDAR, VINUKONDA MANUAL, PALNADU DISTRICT. 5. NANDIGAM BUJJI, S/O. CHINA RAMULU, AGED ABOUT 50 YEARS OCC. CULTIVATION VINUKONDA MANUAL, PALNADU DISTRICT. 6. BATHULA NAGARAJU, S/O VENKATESWARLU AGED ABOUT 45 YEARS, OCC. BUSINESS, R/0. THIMMAYAPALEM VILLAGE, VINUKONDA MANUAL, PALNADU DISTRICT. 7. CHALLA CHENARAMULU, S/O. SUBULU @ SUBBHAIYA AGED ABOUT 50 YEARS OCC. CULTIVATION, R/0. KUMMARIPALEM, R/0. THIMMAYAPALEM VILLAGE, 2 H/0. THIMMAYAPALEM DISTRICT. VINUKONDA MANDAL, PALNADU 8. BANDARU PUMA CHANDRA RAO, , S/0. NOT KNOWN ABOUT 30 YEARS, OCC. BUSINESS, R/0. KUMMARIPALEM H/n THIMMAYAPALEM, VINUKONDA MANDAL, PALNADU DISTWCT. ^' 9. BANDARU NAGESWARA RAO, S/0 EDU KONDALU AGED ABOI IT THImSpA^E^m" v=^n^d^a MANTAL,=DTDrRICT"°' AGED ABOUT 50 THIMMAYAPALEM,^rufo^NDAMATDAL^TN:rD^^^^^^ AGED 10.TELLAMEKALA RANGA years. OCC. S/0 TIRUPATAIAH. ...RESPONDENT(S): ==•==■=■5=1: attZ.inr: : Palnadu attempting to disposes from the land tho k ^ ♦ Respondents 5 to 10 herein as 1/ to" dir -‘^-ontSonZ“°-' to direct the Respondents and their subordinate . ar “~ - rr“ - - Thimmayapaiem Viiiage, Vinukonda Mandai lA NO: 1 OF 209^ of District and also consequently officers not to and 216 of , Palnadu District and to pass Petition under Section 151 CPC in the affidavit filed i direct praying that in the circumstances stated in support of the petition, the High Court the Respondents and their interefere/disposess with the land admeasuring Ac.0.25 cents in Survey Nos 213/2 3 may be pleased to not to subordinate officers petitioner's possession and enjoyment of the and 216 of pending and to pass Counsel for the Petitioner: 3 1.SHAIKMEERAVALI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri Shaik Meeravali, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. The notice in respect of the respondents 5 to 10 is dispensed with since no adverse order is passed affecting the right or interest of respondents 5 to 2. 10. The grievance of the petitioner is that respondents 3 and 4 are trying to dispossess him of an extent of Ac 0.25 cents in Sy.No.213/2-3 of Thimmayapalem Village, Vinukonda Mandal, Palnadu District, without following due process, as illegal and arbitrary. Learned counsel for the petitioner would contend that the petitioner got the property by way of inheritance. Respondents 3 and 4 are trying to dispossess the petitioner. 3. 4. In support of the claim of the petitioner, the Adangal downloaded on 12.05.2025 as Ex.P1,s Form-1-B dated 08.05.2025 as Ex.P2 and the Pattadar Pass Book dated 28.06.2007 as Ex.P3 were filed. 5. Learned Assistant Government pleader for Revenue submitted instructions of the Tahsildar, Vinukonda-4*^ respondent. In the instructions, it was mentioned as follows: 6. “Upon verification with the current Fasli Webland Adangal, it has been observed that the applicant’s name is recorded with an extent of Ac. 4 0.25 cents in Sy.No.213-2-3 of Timmayapalem Village, with Katha No.2018. Furthermore, it has been noted that Sy.No.216/1, measuring an extent of Ac. 2.90 cents, is recorded as Donka Poramboke with Katha No.20001302. As per the assignment registers, it is clear that the Ac. 2.90 cents has never been assigned. However, it is submitted that the Revenue Divisional officer, Narasaraopet, and the Tahsildar, Vinukonda (Respondent Nos.3 and 4), have neither interfered with nor dispossessed the petitioner from the said land, as alleged in the writ petition.” 7. A perusal of the instructions would indicate that the respondents 3 and 4 are not interfering with the petitioner’s possession of an extent of Ac 0.25 cents in Sy.No.213/2-3 of Thimmayapalem Village, Vinukonda Mandal, Palnadu District. 8. Given the facts and circumstances of the case, the writ petition is disposed of at tN, adjijnis^ion stage with the consent of both the learned counsel, directing the respondents 3 and 4 not to interfere with the possession of land of an extent of Ac 0.25 cents in Sy.No.213/2-3 of Thimmayapalem Village, Vinukonda Mandal, Palnadu District, without following due process. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER 1. The Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, Amaravati. 2. The District Collector, Narasaraopet, Palnadu District. 3. The Revenue Divisional Officer, Narasaraopet, Palnadu District. 4. The Thasildar, Vinukonda Mandal, Palnadu District. 5. One CC to Sri. Shaik Meeravali Advocate [OPUC] 6. TwoCCsto GP For Revenue High Court of Andhra Pradesh [OUT] 7. Two CD Copies. //TRUE COPY// To, AL HIGH COURT DATED: 15/07/2025 ORDER WP NO. 17192 OF 2025 V ?fi JUl 2025 X o Co Current Section DISPOSING OF THE W.P. WITHOUT COSTS AT THE ADMISSION STAGE