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2025 DAILYLAW 25854 (AP)

GUMMADEELA PAVAN KUMAR v. The State of Andhra Pradesh

WP/18723/2025 · 2025-07-23

Subba Reddy Satti

body2025

Judgment text

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APHC010365092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18723/2025 Between: 1. GUMMADEELA PAVAN KUMAR, S/O SESHAIAH, AGED ABOUT 35 YEARS, OCC.BUSINESS, R/O D NO 3-334B, ARAVINDA GHOSH STREET, MARKAPURAM TOWN AND MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, AT ONGOLE, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM DIVISION, MARKAPURAM MANDAL, PRAKASAM DISTRICT., AP 4. THE MANDAL REVENUE OFFICER, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. ...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 nature of a writ of mandamus questioning the action of the 4th respondent in interfering with petitioner's possession over the land to an extent of Ac. 1.08 cents in RS No 47-4A1 situated in Kothapalle Village, Peddaraveedu Mandal, 2 Prakasam District, Andhra Pradesh without following the due process of law is highly illegal, arbitrary, unjust and violative of Principles of Natural Justice and also violation of Article 14, 21 and 300 A of the Constitution of India and consequently direct the respondents not to interfere with petitioner's possession over the said land 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 with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.1.08 cents in RS No 47- 4A1 situated in Kothapalle Village, Peddaraveedu Mandal, Prakasam District, Andhra Pradesh pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri T.Sai Surya, learned counsel for the petitioner and Sri B.V.Satyanaryana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. The grievance of the petitioner is that the 4th respondent is interfering with an extent of Ac.1.08 cents in RS.No.47-4A1 of Kothapalle Village, Peddaraveedu Mandal, Prakasam District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner purchased an extent of Ac.1.08 cents in RS.No.47-4A1 of Kothapalle Village, Peddaraveedu Mandal, Prakasam District, under a registered sale deed vide Document No.1110/2025. The name of the petitioner has been updated in the Record of Rights. In support of the same, copies of the Adangal/Pahani and 3 the ROR-1B are filed as Ex.P1. A copy of the Registered Sale Deed has been filed as Ex.P2. 4. Learned Assistant Government Pleader for Revenue would submit that an inquiry under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, is pending in respect of the above land before the Joint Collector, Prakasam District. In fact, the Joint Collector, Prakasam District, issued notices to all the stakeholders. He would also submit that the 4th respondent is not interfering to an extent of Ac.1.08 cents in RS.No.47-4A1 of Kothapalle Village, Peddaraveedu Mandal, Prakasam District. The same is recorded. 5. 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 learned 4th respondent not to interfere with an extent of Ac.1.08 cents in RS.No.47-4A1 of Kothapalle Village, Peddaraveedu Mandal, Prakasam 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: 24.07.2025 SNI 4 158 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18723/2025 Date: 24.07.2025 SNI