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2025 DAILYLAW 24245 (AP)

KAMI VIJAYA KUMAR v. THE STATE OF AP

WP/18014/2025 · 2025-07-17

Subba Reddy Satti

body2025

Judgment text

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APHC010342202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18014/2025 Between: 1. KAMI VIJAYA KUMAR, S/O KAMI DARMAIAH (LATE) AGED ABOUT 61 YEARS, OCC CULTIVATION, R/O D.NO. 23/4198, 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 the extent of Ac. 2-00 Cents in Sy. No 229/3, Ac. 0.80 Cents in Sy.No. 229/2, Ac.1-15 Cents in Sy.No. 230/5 and Ac0.30 Cents in Sy.No 231/3 total extent of Ac.4-25 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 Respondents No- 3 not to interfere and dispossess the Petitioner from the 2 Agriculture land to an extent of Ac. 2-00 Cents in Sy. No 229/3, Ac. 0.80 Cents in Sy.No. 229/2, Ac. 1-15 Cents in Sy.No. 230/5 and Ac0.30 Cents in Sy.No 231/3 total extent of Ac.4-25 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- 00 Cents in Sy. No 229/3, Ac. 0.80 Cents in Sy.No. 229/2, Ac. 1-15 Cents in Sy.No. 230/5 and Ac0.30 Cents in Sy.No 231/3 total extent of Ac.4-25 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 Smt.T.Radha Rani, learned counsel for the petitioner and Sri Ramesh, learned Assistant Government Pleader for Revenue for the respondents 1 to 3. 2. The grievance of the petitioner is that the respondents are interfering with the petitioner’s agricultural land of an extent of Ac.2-00 cents in Sy.No.229/3, Ac.0-80 cents in Sy.No.229/2, Ac.1-15 cents in Sy.No.230/5 and Ac.0-30 cents in Sy.No.231/3 total Ac.4-25 cents in Akkapeta Village, Manubolu Mandal, Nellore District, without issuing any notice. 3. Learned counsel for the petitioner would submit that the father of the petitioner assigned the aforementioned agricultural lands through Patta vide File No.136/9 dated 19.02.2009, and his name is updated in RoR, and the Tahsildar issued a Pattadar Pass Book. Later, the petitioner has been in possession. 3 4. Be that as it may, the 3rd respondent, without issuing any notice, is trying to dispossess the petitioner. 5. Learned Assistant Government pleader on oral instructions would submit that the 3rd respondent is not interfering with the petitioner’s possession over the aforementioned properties. The submission of learned AGP is recorded. 6. Given the facts and circumstances of the case, without going into merits of the matter, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the 3rd respondent- Tahsildar not to interfere with the possession of the petitioner over the agricultural land of an extent of Ac.2-00 cents in Sy.No.229/3, Ac.0-80 cents in Sy.No.229/2, Ac.1-15 cents in Sy.No.230/5 and Ac.0-30 cents in Sy.No.231/3 total Ac.4-25 cents in Akkapeta Village, Manubolu Mandal, Nellore District without following due process. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. _____________________ SUBBA REDDY SATTI, J Date: 18.07.2025 KA 4 372 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18014/2025 Date: 18.07.2025 KA