SHAIK MOHAMMED RAFI v. THE STATE OF ANDHRA PRADESH
WP/18804/2025 · 2025-07-21
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26378 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26378 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010372672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 18804 OF Between: Shaik Mohammed Rafi, S/o.Shaik Nanne Saheb, Aged 32 Nukanapalli,ObulavaripalliMandal, Nukanapalli Post, Annamayya years, D.No.7/111, District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Annamayya District, Rayochoti. 3. The Revenue Divisional Officer, Rajampet Revenue Division, Annamayya District. 4. The Tahsildar, Obulavaripalli Mandal, Obulavaripalli. Annamayya District. Revenue Rajampet, ...RESPONDENTS praying that in the may be more particularly one in the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue a Writ or an order or direction, nature of WRIT OF MANDAMUS declaring the action of the respondent authorities particularly the 4*^ respondent herein in trying to interfere with my possession and enjoyment over the land in an extent of Ac.4.55 cents in survey No.289/1 of Nukanapalli Revenue Village, Obulavaripalli Annamayya District as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of fundamental rights apart from Mandal, the
Article 300-A of the Constitution of India and respondent authorities not to dispossesses the petitioner from the above said land. lA No: 1 OF 2Q2fi consequently to direct the 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 respondent authorities petitioner land in an extent of Ac.4.55 cents in not to interfere with the possession of survey No.289/1 of Nukanapalli Revenue Village, Obulavaripalli Mandal, Annamayya District, pending disposal Of the above Writ Petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 to 4: SRI DIVYA TEJA, REVENUE ASST.GP FOR The Court made the following order:
^ ■ APHC010372672025 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: 18804/2025 Between;
.SHAIK MOHAMMED RAFl. S/0 SHAIK NANNE SAHEB, AGED 32 YEARS, D.NO.7/111, NUKANAPALLl, OBULAVARIPALLl MANDAL, NUKANAPALLl POST, ANNAMAYYA DISTRICT. 1 ...PETITIONER AND OF ANDHRA PRADESH, REP.
BY ITS PRINCIPAL REVENUE 1.THE STATE SECRETARY, VELAGAPUDI, AMARAVATI. SECRETARIAT, DEPARTMENT, DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYOCHOTI. DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, OBULAVARIPALLl MANDAL, OBULAVARIPALLl, ANNAMAYYA DISTRICT. 2.THE 3.THE REVENUE ...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 or an order or direction, more particularly one in the of Writ of Mandamus declaring the action of the respondent authorities with my nature particularly the 4th possession and enjoyment over the land in an survey No.289/1 of Nukanapalti revenue village, Obulavaripalli Mandal, Annamayya District as highly arbitrary, illegal, null and void and against the respondent herein in trying to interfere extent of Ac.4.55 cents in
ppi! principles of natural justice and violative of fundamental rights apart from the Article 300-A of the Constitution of India and consequently to direct the respondent authorities not to dispossesses the petitioner from the above said land and to pass such lA 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 may be pleased to direct the respondent authorities not to interfere with the possession of petitioner land in an extent of Ac.4.55 cents in survey No.289/1 of Nukanapalli revenue village, Obulavaripalli Mandal, Annamayya District, pending disposal of the above writ petition and to pass such Counsel for the Petitioner:
1.BALAJI MEDAMALLI Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following order: Heard Sri Balaji Medamalli, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader respondents 1 to 4. 2. The grievance of the petitioner is that the 4‘^ respondent is interfering with the possession and enjoyment of the property to an extent of Ac.4.55 cents in Sy.No.289/1 of Nukanapalli Revenue Village, Obulavaripalli Mandal, Annamayya District, as illegal and arbitrary. 3.
Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of Ac.4.55 cents in Sy.No.289/1 of Nukanapalli Revenue Village, Obulavaripalli Mandal, Annamayya District, father assigned the aforementioned extent vide DKT Patta No.310/93 dated
09.02.1983. After the death of the petitioner’s father, the petitioner succeeded to the property. The 4‘^ respondent updated the record of rights and mutated for Revenue for Petitioner’s
3 •* the name of the petitioner in Adangal/Pahani. A copy of Adangal/Pahani downloaded on 19.07.2025 is filed as Ex.P1. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the 4*^ respondent is not interfering with the petitioner’s possession of the property. The same is recorded.
4. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing respondent not to interfere with the petitioner’s possession of the
5. th the 4 property from an extent of 4.55 cents in Sy.No.289/1 of Nukanapalli Revenue Village, Obulavaripalli Mandal, Annamayya District, without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTI A OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Annamayya District, Rayochoti.
3. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet, Annamayya District.
4. The Tahsildar, Obulavaripalli Mandal, Obulavaripalli, Annamayya District.
5. One CC to Sri Balaji Medamalli, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
7. Two CD Copies. gi
HIGH COURT DATED:22/07/2025
ORDER WP NO.18804OF 2025 gT 0 'I AUG 2025 L^V /co! entSectio DISPOSING THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS