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2025 DAILYLAW 23992 (AP)

TALARI VENKATA RAMANA v. The State of Andhra Pradesh,

WP/17330/2025 · 2025-07-13

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010338892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SR! JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17330 OF 2025 Between: Talari Venkata Ramana, S/o. Kannayya, aged 56 years, R/o. D. No. 15-121, Talarivanipalem Village, Gajuwaka Mandal, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra F’radesh, Rep, by its Principal Secretary, Revenue Depar1;rnent, Secretariat, Amaravathi, Gunturu District. 2. The District Collector, Visakhapatnam, Visakhapatnam District. 3. The fahsildar, Tahsildar Office, Gajuwaka Mandal, Gajuwaka, Visakhapatnam District. 4. Sithini Venkata Lakshmi, D/o. Mahalakhsmi Naidu, Female, aged 33 1, Aganampudi Village, Gajuwaka Mandal, years, R/o. RHC Visakhapatnam 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 a VA/RIT OF MANDAMUS declaring the action respondents in trying to acquire my house site vi/hich was purchased from Madaka Srinivasa Rao, S/o. (Late) Apparao, dated 16-09-2019 by 3rd respondent without following Provision of Andhra Pradesh Revenue Act, 1971 and Land Acquisition Act, 1894, without giving any notice, for an extent of 107 of the S. Sq. Yards, in survey No.203/2 in Sector No.I, Layout Plot No.874 (R. No. Colony in Pinamadaka Revenue, Aganampudi Village, Gajuwaka * - Manual, Visakhapatnam District and set aside the illegal proceedings of 3rd respepdeht, under Land Acquisition Act with intention to wrongful loss to the peji^ner on the ground of Road extension as illegal, improper, unjust, violative of Article 300-A and 21 of the Constitution of India. ai 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 pleased to direct the Respondents not to interfere may be my property i.e., house site which was purchased for sale consideration dt. 16-09-2019 vide No. 2954/2019, without due documents course of law for an extent of 107 Sq. Yards, in survey No.203/2, in Sector No.!, Layout Plot No.874 (R. Colony in Pinamadaka Revenue, No. 166), RHC Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District under Land Acquisition Act, pending disposal above Writ Petition. of the Counsel for the Petitioner; SRI REDDY VENKATA RAMANA Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent No,4 : NONE APPEARED The Court at the stage of admission made the following order: APHC010338892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17330/2025 Between: 1.TALARI VENKATA RAMANA, S/0. KANNAYYA, AGED 56 YEARS, R/0. D. NO. 15-121, TALARIVANIPALEM VILLAGE, GAJUWAKA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE DEPARTMENT, AMARAVATHI, GUNTURU DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE TAHSILDAR, TAHSILDAR OFFICE, GAJUWAKA MANDAL, GAJUWAKA, VISAKHAPATNAM DISTRICT. 4.SITHINI VENKATA LAKSHMI, D/0. MAHALAKHSMI NAIDU, FEMALE, AGED 33 YEARS, R/0. RHC - 1, AGANAMPUDI VILLAGE, GAJUWAKA MANDAL, VISAKHAPATNAM 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 to issue a WRIT OF MANDAMUS declaring the action of the respondents in trying to acquire my house site which was purchased from Madaka Srinivasa Rao, S/o. (iate) Apparao, dated 16-09-2019 by 3rd respondent without following Provision of Andhra Pradesh Revenue Act, 1971 iZ^ 2 ■ and Land Acquisition Act, 1894, without giving any notice, for an extent of 107 Sq. Yards, in survey No.203/2 in Sector No.I, Layout Plot No.874 (R. No. 166), RHC Colony in Pinamadaka Revenue, Aganampudi Viliage, Gajuwaka Mandal, Visakhapatnam District and set aside the illegal proceedings of 3rd respondent, under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of Road extension as illegal, improper, unjust, arbitrary, violative of Article 300-A and 21 of the Constitution of India and pass such 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 Respondents not to interfere my property i.e., house site which was purchased for sale consideration dt. 16-09- 2019 vide documents No. 2954/2019, without due course of law for an extent of 107 Sq. Yards, in survey No.203/2, in Sector No.I, Layout Plot No.874 (R. No. 166), RHC Colony in Pinamadaka Revenue, Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District under Land Acquisition Act, pending disposal of the above Writ Petition as pass such Counsel for the Petitioner; 1. REDDY VENKATA RAMANA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for respondents 1 to 3. Notice in respect of the 4 respondent is dispensed with since no adverse order is passed against her rights and interests. th 2. Learned counsel for the petitioner would submit that the petitioner purchased a house bearing D.No.15-25 of Plot No.874, admeasuring 107 Sq.Yards in Sector No.1 in Sy.No.203/2 of Aganampudi RH Colony, Pinamadaka, under a registered Sale Deed dated 16.09.2019. Since the date of purchase, the petitioner has had the said property. Learned counsel also 3 would submit that the 3'^'^ respondent, at the behest of the 4*^ respondent, is interfering with the petitioner’s property without foUowing due process. Learned Assistant Government Pleader submitted the instructions of the respondent - Tahsildar, Gajuwaka Mandal. 3. The instructions submitted by the learned AGP are made part of the record. As seen from the instructions, the 3'^'^ respondent never interfered with the petitioner’s property. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 3^^ respondent not to interfere with the petitioner’s property i.e. house bearing D.No.15-25 of Plot No.874 admeasuring 107 Sq.yards in Sector No.1 in Sy.No.203/2 of Aganampudi RH Colony, Pinamadaka without following due process. There shall be no order as to costs. 5. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- N, NAQASVSiVSA ASSISTANT REGISTRAR 'SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Gunturu District. 2. The District Collector, Visakhapatnarn, Visakhapatnam District. 3. The Tahsildar, Visakhapatnam District. 4. One CC to Sri Reddy Venkata Ramana, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr Tahsildar Office, Gajuwaka Mandal, Gajuwaka, HIGH COURT DATED:14/07/2025 Vi ORDER WP NO. 17330 OF 2025 8=> ) I AUG ?fl?S mi Co! o ^ . Current oecuon , ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS