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2025 DAILYLAW 25417 (AP)

GADILA DALINGA RAO v. THE STATE OF AP

WP/18447/2025 · 2025-07-21

Subba Reddy Satti

body2025

Judgment text

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APHC010359322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18447/2025 Between: 1. GADILA DALINGA RAO, S/O MALLESU, AGED 45 YEARS, OCC CULTIVATION, R/O DOOR NO 3-118, MAIN STREET, VENKATAPURAM VILLAGE, NAIRA POST, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, SRIKAKULAM DISTRIC 3. REVENUE DIVISIONAL OFFICER, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 4. TAHSILDAR, SRIKAKULAM MANDAL SRIKAKULAM DISTRICT. 5. VILLAGE REVENUE OFFICER, NAIRA VILLAGE, SRIKAKULAM MANDAL, SRIKAKULAM 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, order or direction more particularly one in the It nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 5 at taking steps to dispossess the petitioner from his agricultural land of Ac. 1.00 2 cents in Survey No. 1-3 situated in Naira Village of Srikakulam Mandal in Srikakulam District, without following due process of law, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners land admeasuring Ac. 1.00 cents in Survey No. 1-3 situated in Naira Village of Srikakulam Mandal in Srikakulam District, without following due process of law and pass s 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 his land admeasuring Ac. 1.00 cents in Survey No. 1-3 situated in Naira Village of Srikakulam Mandal in Srikakulam District, without following due process of law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI 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 Revenue for the respondents 1 to 5 2. The grievance of the petitioner is that the respondents 4 and 5 are trying to dispossess the petitioner from the land to an extent of Ac.1-00 cents in Sy.No.1-3 of Naira Village of Srikakulam Mandal and District, without following due process. 3. Learned counsel for the petitioner would submit that the petitioner is in possession and enjoyment of an extent of Ac.1-00 cents in Sy.No.1-3 of Naira Village of Srikakulam Mandal and District. The then Tahsildar issued a Pattadar Pass Book and Title Deed vide Khata No.535. The petitioner availed a crop loan from Andhra Pradesh Grameena Vikas Bank at Alikam Branch 3 and also from Cooperative Bank at Arasavilli Branch by producing the original Pattadar Pass Book and 1B RoR, etc. 4. Be that as it may, the 5th respondent came to the land on 09.07.2025 and, on the instructions of respondents 2 to 4, insisted that the petitioner shall vacate the land without issuing any notice. 5. Learned Assistant Government Pleader on oral instructions would submit that the respondents 3 to 5 are not interfering with the petitioner’s property to an extent of Ac.1-00 cents in Sy.No.1-3 of Naira Village of Srikakulam Mandal and District. The submission of learned AGP is recorded. 6. 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 respondents 3 to 5 not to interfere with the petitioner’s possession over an extent of Ac.1-00 cents in Sy.No.1-3 of Naira Village of Srikakulam Mandal and 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: 22.07.2025 KA 4 220 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18447/2025 Date: 22.07.2025 KA 5