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2025 DAILYLAW 24647 (AP)

JADUGURU YENDAYYA v. THE STATE OF AP

WP/17682/2025 · 2025-07-16

Subba Reddy Satti

body2025

Judgment text

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APHC010348222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■VO.> THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17682 OF 2025 Between: Jaduguru Yendayya, S/o. Late Pothuraju, Age 60 years, Occ: Agriculture, R/o. Gondipakalu Village, Chinthapalli Mandal, Alluri Sitha Rama Raju District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Velagapudi, Guntur District. 2. The District Collector, Alluri Sitha Rama Raju District at Paderu. 3. The Tahsildar, Koyyuru Mandal, Alluri Sitha Rama Raju District. 4. The Station House Officer, Koyyuru Police Station, Koyyuru Mandal, Alluri Sitha Rama Raju District. 5. Bonagi Rajanna Padal, S/o. Chinnayya, R/o. Nimmagadda Village, Golugonda Mandal, Alluri Sitha Rama Raju District. 6. Desagiri Nooka Ratnam, W/o. Gujjanna Padal, R/o. Nimmagadda Village, Golugonda Mandal, Alluri Sitha Rama Raju 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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the and 4* respondents and their subordinate staff seeking to disposes the petitioner from his lands of an Sy.No.5 and Ac 1.53 cts in Sy.No.6-1 situated in extent of Ac 8.35 cts in Marripalem Village of Koyyuru Mandal, Alluri Sitha Rama Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to dispossess the petitioner from her property without following the due interfere process of law, in the interest of Justice. 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 may be pleased to direct the 3'"^ and 4**^ respondents and their subordinate staff not to interfere and dispossess the petitioner from his lands of an extent of Ac 8.35 cts in Sy.No.5 and Ac 1.53 cts in Sy.No.6-1 situated in Marripalem Village of Alluri Sitha Rama Raju District, pending disposal of the Koyyuru Mandal above writ petition. Counsel for the Petitioner: SRI K. VENKATESH Counsel for the Respondent Nos.1 to 3 : SRI G. DIVYA THEJA, ASST.GP FOR REVENUE Counsel for the Respondent No.4 : SRI AJAY, ASST.GP FOR HOME Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court at the stage of admission made the following order: APHC010348222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17682/2025 Between; 1.JADUGURU YENDAYYA, S/0 LATE POTHURAJU, AGE 60 YRS, OCC AGRICULTURE, R/0 GONDIPAKALU VILLAGE, CHINTHAPALLI MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...PETITIONER AND 1.THE STATE OF AP REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ALLURI SITHA RAMA RAJU DISTRICT AT PADERU. 3.THE TAHSILDAR, KOYYURU MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 4.THE STATION HOUSE OFFICER, KOYYURU POLICE STATION, KOYYURU MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 5.BONAGI RAJANNA PADAL, S/0 CHINNAYYA, R/0 NIMMAGADDA VILLAGE, GOLUGONDA MANDAL DISTRICT. 6.DESAGIRI NOOKA RATNAM, W/0 GUJJANNA PADAL NIMMAGADDA VILLAGE, GOLUGONDA MANDAL, RAMA RAJU DISTRICT. ALLURI SITHA RAMA RAJU R/0 ALLURI SITHA SRS.J W.P.No. 17682 of 2025 ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the SRDand 4TH respondents and their subordinate staff seeking to disposes the petitioner from his lands of an extent of Ac 8.35 cts in Sy.No.5 and Ac 1.53 cts in Sy.No.6-1 situated in Marripalem Village of Koyyuru Mandal, Alluri Sitha Rama Raju District as Illegal, arbitrary and unjust and consequently direct the respondents not to interfere dispossess the petitioner from her property without following the due process of law, in the interest of Justice and lA NO: 1 OF 202fi Petition under Article 226 of the Constitution of India pass Petition under Section 151 CPC . praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the 3RD and 4TH respondents and their : interfere and dispossess the petitioner from his lands of an extent of Ac 8.35 cts in Sy.No.5 and Ac 1.53 cts in Sy.No.6-1 situated in Marripalem Village of Koyyuru Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition and pass may be pleased to subordinate staff not to Counsel for the Petitioner: 1.K VENKATESH Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: :: ORDER :: The grievance of the petitioner is that respondents 3 and 4 are trying to dispossess the petitioner of an extent of Ac.8.35 cents in Sy.No.5 and Ac.1.53 SRS.J W.P.No.17682 of 2025 cents in Sy.No.6-1 of Marripalem Village, Koyyuru Mandal, Alluri Sitha Rama Raju District, as illegal and arbitrary. Heard Sri K.Venkatesh, learned counsel for the petitioner, and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 3, and Sri Ajay, learned Assistant Government Pleader for respondent No.4. Notice of respondents 5 & 6 is dispensed with since no adverse orders are passed against the right and interest of respondents 5 & 6. 2. i I I Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of Ac.8.35 cents in Sy.No.5 and Ac.1.53 cents in Sy.No.6-1 of Marripalem Village, Koyyuru Mandal, Alluri Sitha Rama Raju District. The petitioner purchased the same under the sale deed dated 02.03.2003 from respondent No.6 and others. Respondent No.3 issued notice vide Rc.No.166/JA/2025, dated 25.06.2025 (Ex.P3), directing the petitioner to attend the inquiry in respect of Ac.2.76 cents in Sy.No.6-1. He would also submit that the petitioner attended the office and submitted the documents. Respondent No.3, pending the inquiry, is trying to dispossess the petitioner. Sri G. Divya Theja, learned Assistant Government Pleader, would submit that the notice vide Ex.P3 was issued to the petitioner and respondents 5 & 6. The inquiry is in process. The Tahsildar is not interfering with the land Sy.Nos.5 & 6-1 of Marripalem Village, Koyyuru Mandal, Alluri Sitha Rama Raju District. The same is recorded. 3. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.3 not to interfere with the land of an extent of Ac.8.35 cents in Sy.No.5 and Ac.1.53 cents in Sy.No.6-1 of Marripalem Village, Koyyuru Mandal, Alluri Sitha Rama Raju District, without following due 5. 4 SRS,J W.P.No.17682 of 2025 process of law. This court makes it clear that no finding is recorded in the order concerning the possession of the property. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC R To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Velagapudi, Guntur District. 2. The District Collector, Alluri Sitha Rama Raju District at Paderu. 3. The Tahsildar, Koyyuru Mandal, Alluri Sitha Rama Raju District. 4. The Station House Officer, Koyyuru Police Station Alluri Sitha Rama Raju District. 5. One CC to Sri K. Venkatesh, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Koyyuru Mandal Cnr HIGH COURT DATED:17/07/2025 0 AUG Curreni cjeeuon It ORDER WP NO. 17682 OF 2025 'ky DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS