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2025 DAILYLAW 25752 (AP)

KADAGALA KANNAYYA v. THE STATE OF ANDHRA PRADESH

WP/24255/2020 · 2025-09-17

B Krishna Mohan

body2025

Judgment text

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APHC010364262020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24255/2020 Between: 1. KADAGALA KANNAYYA, S/O.MUTYALU, OCC.CULTIVATION, GANDHAVARAM VILLLAGE PADMANABHAM MANDAL, VISAKHAPATNAM DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPLE SECRETARY REVENUE DEPARTMENT AMARAVATHI,ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM 3. VISAKHAPATNAM METROPOLITAN REGION, DEVELOPMENT AUTHORITY (V.M.R.D.A.) REP BY ITS COMMISSIONER, VISAKHAPATNAM. 4. REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM. 5. MANDAL REVENUE OFFICER, PADMANABHAM MANDAL, VISAKHAPATNAM. ...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 toto Issue a Writ , Order or direction more particularly one in the natue of Writ of Mandamus declaring the action of the 2nd Respondents trying to interfere into the Petitioners Peaceful Possession 2 and enjoyment of the Property i.e., Land in anextent of 0-70 cents in S.NO.349/9POF Gandhavaram Village, Padmanabham Mandal ,Visakhapatnam District including dispossession or Transferring in any of the third parties through a document under the name of NAVARATNALU PEDALANDARIKIILLU all are illegal , arbitrary, violation of the Law and procedure including violation of Principles of Natural Justice by Curtailing the Rights as guaranteed under the Article 14,19,300 A of the Constitutoin of India , Consequently to direct the respondent snot to Dispossession the petitioner from his land nor to allot the same to any third parties in the interest of the justice and pass IA NO: 1 OF 2020 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 pass an Order to direct the respondents not to Evict or Dispossession of the Petitioner from his land in an extent of AC 0-70 cents in S.NO. 349/9P OF gandhavaram Village, Padmanabham mandal Visakhapatnam district including by alloting the same to third parties through house sites pending disposal of the main writ petition in the interest of the justice. Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in trying to interfere with the petitioner’s peaceful possession and enjoyment of the property i.e., land in an extent of Ac.0.70 cents in Sy.No.349/9POF Gandhavaram Village, Padmanabham Mandal, Visakhapatnam District including dispossession or transferring in favour of any of the third parties through a document under the name of Navaratnalu-Pedalandariki Illu. 3. On the other hand, the learned Assistant Government Pleader for the respondent Nos.1, 2, 4 & 5 submits that the respondent authorities concerned will follow the due process. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 5 are directed to deal with the subject land strictly in accordance with law and the petitioner shall be dealt with in accordance with law, if he is otherwise found to be in possession of the same, by hearing all the parties concerned including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. 5. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. 4 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.09.2025 NNN