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2025 DAILYLAW 24231 (AP)

BOLLU VENKATA RAMANAMMA v. THE STATE OF AP

WP/17907/2025 · 2025-07-15

Subba Reddy Satti

body2025

Judgment text

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APHC010342212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17907/2025 Between: 1. BOLLU VENKATA RAMANAMMA, W/O KAMI VIJAYA KUMAR, AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O D.NO. 23/1419B , TEKKEMITTA, DARGAMITTA, NELLORE, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE DISTRICT, NELLORE. 3. THE TAHSILDAR, MANUBOLU MANDAL, MANUBOLU, NELLORE 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 an appropriate Writ Order or Direction, more particularly one in the nature of Writ Of Mandamus to declare the action of the Respondent No. 3 trying to dispossess the Petitioner from the agricultural land to an extent of Ac. 2-76 Cents in Sy.No.232-2, Ac. 1-81 Cents in Sy.No.232-3, total extent of Ac.4-57 cents in Akkapeta Village, Manubolu Mandal, Nellore District without any prior notice to the petitioner is illegal, arbitrary and in violation of Art. 14, 21 and 300A of Constitution of India and consequently direct the Respondent No.3 not to interfere and dispossess the Petitioner from the Agriculture land to an extent of Ac. 2-76 Cents in Sy.No.232-2, Ac. 1-81 Cents 2 in Sy.No.232-3, total extent of Ac.4-57 cents in Akkapeta Village, Manubolu Mandal, Nellore District, 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 Respondents not to interfere and dispossess the petitioner from the Agriculture land to an extent of Ac. 2- 76 Cents in Sy.No.232-2, Ac. 1-81 Cents in Sy.No..232-3, total extent of Ac.4-57 cents in Akkapeta Village, Manubolu Mandal, Nellore District pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Ms T.Radha Rani, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 3. 2. The above writ petition has been filed to declare the action of the 3rd respondent in trying to dispossess the petitioner from the agriculture land to an extent of Ac.2.76 cents in Sy.No.232-2, Ac.1.81 cents in Sy.No.232-3, total extent of Ac.4.57 cents in Akkapeta Village, Manubolu Mandal, Nellore District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the then Tahsildar, Manubolu Mandal, assigned the land to the petitioner vide file No.135/09, dated 19.02.2009, and the petitioner has been cultivating the land. The revenue authorities issued a Pattadar Pass Book. 3 4. Be that as it may, the 4th respondent, without issuing any notice, tried to dispossess the petitioner. 5. Learned Assistant Government Pleader for Revenue on instructions would submit that the land is required for the establishment of the MSME Park. He would also submit that the respondents will follow the due procedure. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the 3rd respondent not to evict the petitioner from an extent of Ac.2.76 cents in Sy.No.232-2, Ac.1.81 cents in Sy.No.232-3, total extent of Ac.4.57 cents in Akkapeta Village, Manubolu Mandal, Nellore District, 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: 16.07.2025 SNI 4 192 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17907/2025 Date: 16.07.2025 SNI