CHEDULURI APPALA SWAMY v. The State of Andhra Pradesh,
WP/17254/2025 · 2025-07-10
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24110 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24110 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010339432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT )D^ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD WRIT PETITION NO: 17254 OF 2025 ^ Between: Cheduluri Appala Sw^amy, S/o. Peeda Adiraju, Age 65 years, R/o. Street Lingmpeta, Rajamundary, East Godavari District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, Anal^palli. 3. The Joint Collector, Anakapalli District.v.^
4. The Revenue Divisional Officer, Narasipatnam Revenue Division, Anakapalli District. 5. The Tahsildar, Payakaraopeta Mandal Anakapalle District.^
6. The Andhra Pradesh Industrial Infrastructure Corporation Limited APIIC, Represented by its Vice Chairman and Managing Director, Head Office, APIIC Towers, Mangalagiri, Guntur District. 7. The Zonal MaVfager, Andhra Pradesh Industrial Infrastructure Corporation, Atchuthapurarn, Anakapalli District. 8. The M/S Deccan Fine Chemicals (India) Private Ltd, Paya'l^raopeta, Anakapalli 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 an appropriate writ, order, or direction, specifically WRIT OF MANDAMUS aggrieved by the action of the Respondents in interfering with Petitioners peaceful possession, ownership and enjoyment of the land in an extent of Ac 2.50 cents in Sy No 108-1C vide Khatha No 10079 Patta No 562 of Kesavaram village, Payakaraopeta Mandal, Anakapalli District in the guise of Respondent Impugned G.O.RT.No 754 Dated 16.8.2023 thereby accorded permission to the 2nd Respondent to handover advance possession in respect to Petitioners land to 7th Respondent APIIC vide Proceedings in Rc.No225/2019/SA Dated 21.8.2023 consequent one in and proceedings 2/ZM(P)/APIiC/SPZ/AKP/Payakaraopeta/2023 Dated acquiring the P illegal arbitrary contrary to law and violation of Principles of Natural Justice Lr.No in
25.10. without oners land and without paying any compensation which is and Articles 300-A, 14, 21 of Constitution of India and consequently direct the respondents not to interfere with the petitioners peaceful possession, enjoyment of the aforesaid land and set aside the aforementioned impugned proceedings.
ownership and vx-' lA NO:
1 OF 2025 Petition under Section 'ISYCPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with Petitioners peaceful possession, ownership and enjoyment of the land in an extent of Ac 1^50 cents in Sy No 108-1C vide Khatha No td079 Patta No 562 of Kesavaram villag^ Payakaraopeta Mandal, Anakapalli District by suspending the proceedings of 5''' Respondent in Proceedings in Rc.No225/2019/SA Dated 21.8.2023 and consequent proceedings Lr.No in
2/ZM(P)/APIIC/SPZ/AKP/Payakaraopeta/2023 Dated 25.10.2023, pending disposal of the above writ petition. Counsel for the Petitioner: SRI S. SRINIVASA RAO Counsel for the Respondent Nos.1 to 5 : GP FOR REVENUE Counsel for the Respondent Nos.6 & 7 : M/s. SANTHI CHANDRA, SC FOR APIIC Counsel for the Respondent No.8 : NONE APPEARED The Court made the following order:
APHC010339432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0K: :h FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17254/2025 Between:
1.CHEDULURI APPALA SWAMY, S/0 PEEDA ADIRAJU, AGE 65 YEARS, R/0 STREET, LINGMPETA, RAJAMUNDARY, EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI. 3.THE JOINT COLLECTOR, ANAKAPALLI DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, NARASIPATNAM REVENUE DIVISION, ANAKAPALLI DISTRICT. 5.THE TAHSILDAR, PAYAKARAOPETA MANDAL ANAKAPALLE DISTRICT. 6.THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED APIIC, REPRESENTED BY ITS VICE CHARIMAN AND MANAGING DIRECTOR,HEAD OFFICE, APIIC TOWERS, MANGALAGIRI, GUNTUI DISTRICT. 7.THE ZONAL MANAGER, ANDHRA PRADESH INDUSTRIAL INFRASTRUCRTRUE CORPORATION, ATCHUTHAPURARN,
ANAKAPALLI DISTRICT. 8. THE M/S DECCAN FINE CHEMICALSLNDIA PAYAKARAOPETA, ANAKAPALLI DISTRICT.
PRIVATE LTD, ■ ..RESPONDENT(S): Petition under Article 226 of the Constitution of India c rcumstances stated in the affidavit filed therewith pleased topleased to issue an appropriate writ, order in WRIT OF MANDAMUS intorfsring with Pstitionsrs the land in praying that in the the High Court may be or direction, specifically aggrieved by the action of the Respondents in an extent of ZTw '"“f
“""e^ship and enjoyment of 10079 Patta No 562 L k- Anakapalli DiJct in “e d ise omTp" a'"' Vandal, Dated 16.8.2023 hereby 3^ G.O.RT.No 754 u . I'leieoy accorded permission to the 2nd 2/2M(P)/APIIC/SPZ/AKP/Payakaraopeta/2T23"Dard 25 1^2023 m''” acquiring the Petitioners land and u,ith * • 25.10.2023 without respondents not to interfere with the petitioners ownership and enjoyment of the aforesaid land aforementioned impugned proceedings one Respondent to ■which is Justice consequently direct the peaceful possession, and set aside the and to pass lA NO: 1 OF 2091; cents in Sy No 108-1C vide Khatha village, Payakaraopeta Mandal proceedings of 5th Respondent ’ 21.8.2023 may be pleased Petitioners peaceful in an extent of Ac 2 50 No 10079 Patta No 562 of Kesavaram Anakapalli District by suspending the in Proceedings in Rc.No225/2019/SA Dated Lr.No 25.10.2023, pending and 2/2M(P)/APIIC/SPZ/AKP/Pa“akar‘’aoTe'ta/2023 disposal of the above writ petition and Counsel for the Petitioner: proceedings Dated in to pass
3 1.S SRINIVASA RAO Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
4 / V/ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17254/2025
ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with petitioner’s peaceful possession, ownership and enjoyment of the land In an extent of Ac.2.50 cents In Sy.No.108-1C vide Khatha No.10079 Patta No.562 of Kesavaram village, Payakaraopeta Mandal, Anakapalli District in the guise of respondent Impugned G.O.RT.No.754 dated 16.08.2023 thereby accorded permission to the 2”^ respondent to handover advance possession in respect to petitioner’s land to respondent APIIC vide proceedings in Rc.No225/2019/SA dated 21.08.2023 and consequent proceedings Payakaraopeta/2023 dated 25.10.2023 without acquiring the petitioner’s land and without paying any compensation which is illegal, arbitrary, contrary to law and violation of Principles of Natural Justice and Articles 300-A, 14, 21 of Constitution of India and consequently direct the respondents not to Interfere with the petitioner’s peaceful possession, ownership and enjoyment of the aforesaid land and set aside the aforementioned impugned proceedings and pass such other order. ” Lr.No 2/ZM(P)/APIIC/SPZ/AKP/ in
2. Heard the
learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 5 and the learned Standing Counsel for respondent Nos.6 and 7.
3.
Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.2.50 cent in Sy.No.108-1C vide Khatha No.10079, patta No.562 of Kesavaram Village,
5 Payakaraopeta Mandal, Anakapalli District, having acquired the same through a registered sale deed in the year 2014. Since then, the petitioner has been in possession and enjoyment of the subject property. Considering the petitioner’s possession and title over the subject property, the respondent authorities issued pattadar pass book, title deeds and also 1B katha under Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act,
1971. While so. without issuing any notice and without following due procedure, the respondent authorities issued proceedings giving advance possession in respect of the subject land of the petitioner in favour of respondent No.8.
4.
Learned counsel for the petitioner further submits that similar issue before this Court in W.P.No.8568 of 2024, wherein this Court after hearing the matter, suspended the advance possession certificate/order dated 21.08.2023 issued by the 5*^ respondent vide
order dated 16.04.2024. 5. Learned Standing Counsel for respondent Nos.6 and 7 furnished written instructions dated 07.07.2025 issued by the 7‘^ respondent, wherein it is stated as follows:
“As per the orders of the Hon’ble High Court orders the Zonal office, Anakapallivide letter dated 24.04.2024 has informed the 9^^ respondent i.e., M/s. Deccan Fine Chemicals that to obey the orders of the Hon’ble High court until orders are issued and directed not to conduct any activity on the subject lands handed over to the
6 company. Since then, neither API1C nor M/s. Deccan Fine Chemicals has entered into the Further, the contention of the subject land, petitioner that the respondents have entered Into the subject land threaten the petitioner to vacate the land Is utterly false and baseless.” and
6. Learned Standing Counsel for respondent Nos.6 and 7 further submits that in view of the orders of this Court, Nos.6, 7 and 8 respondent are not acting upon the advance certificate issued by the respondent dated possession 21.08.2023,
7. Considering the submissions made by both the learned counsel and on perusal of the written instructions issued by spondent No.7, this Court deems it appropriate to dispose of the Writ Petition directing the respondents possession and enjoyment of the petitioner without following due process of law. ro I not to interfere with the over the subject property
8. With the above direction, the Writ Petition There shall be no order as to costs. As a sequel miscellaneous application, also stand closed. is disposed of. pending, if any, shall . -•-< Sd/- M. PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue De^iartment, Secretariat Buddings, Velagapudi
2. The District Collector, State of Andhra Pradesh, ^ i, Amaravathi, Guntur District. Anakapalli District, Anakapalli. 3. The Joint Collector, Anakapalli District. 4. The Revenue Divisional Officer, NarasipatnarrT^ Revenue Anakapalli District. 5. The Tahsildar, Payakaraopeta Mandal Anakapalle District. 6. The Vice Chairman and Managing Director, Andhra Pradesh Industrial Infrastructure Corporation Limited APIIC, Head Office, APIIC Towers, Mangalagiri, Guntur District. ^
7. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation, Atchuthapur^, Anakapalli District. 8. The M/S Deccan Pine Chemicals Anakapalli District. Division (India) Private Ltd, Payakaraopeta,
9. One CC to Sri S. Srinivasa Rao, Advocate [OPUC]
10. One CC to M/s. Santhi Ch^ra, SC for APIIC [OPUC]
11. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
12.
Two CD Copies Cnr
HIGH COURT DATED;11/07/2025
ORDER WP NO. 17254 OF 2025 ^ 0 9 SEP 2025 nlS«cli«a^5 X> ff- Tf'''- O’ ■ o. ★^isS DISPOSING OF THE W.P.
WITHOUT COSTS