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2025 DAILYLAW 26658 (AP)

BANGARU VISWARUPAM v. THE STATE OF AP

WP/19240/2025 · 2025-07-28

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010378012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19240/2025 Between: 1. BANGARU VISWARUPAM, S/O VENKATA SUBBAIAH, EX- SERVICEMAN (ARMY ID NO. 13994744X), AGED ABOUT 48 YEARS, R/O D.NO. 926B, ALLINAGARAM VILLAGE, KOMAROLU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 503 2. THE COLLECTOR DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, 3. THE REVENUE DIVISIONAL OFFICER, PRAKASAM DISTRICT 4. THE TAHSILDAR, KOMAROLU MANDAL, PRAKASAM DISTRICT 5. THE VILLAGE REVENUE OFFICER, KOMAROLU MANDAL, PRAKASAM DISTRICT 6. MODIGARI PEDDA POSAIAH, S/O PEDDA ALLURAIAH, AGED ABOUT 32 YEARS. SERVICEMEN, ALLINAGARAM VILLAGE, KOMAROLU MANDAL, PRAKASAM DISTRICT ...RESPONDENT(S): SRS,J W.P.No.19240 of 2025 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the 4 Respondent in taking action against the representation of the petitioner dated 11-07-2025 and in not taking steps to protect the petitioners possession in S.No. 523 an extent of Ac 2.50 cents situate at Allinagaram Village, Komarolu Mandal, Prakasam District as illegal, arbitrary and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents No. 4 and 5 the mutate the name of the petitioner into the webland over the land in S.No.523 an extent of Ac 2.50 cents situate at Allinagaram Village, Komarolu Mandal, Prakasam District 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 4TH respondent herein to consider representation of the petitioner herein dated 11- 07-2025 pass orders within a fixed time frame by communicating the same to the petitioner herein and pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: The grievance of the petitioner is that the representation dated 11.07.2025 made by him to respondent No.4 has not been considered. 2. Heard Sri A.V. Venkata Durga Rao, learned counsel for the petitioner and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5. Notice of respondent No.6 is dispensed with SRS,J W.P.No.19240 of 2025 since no adverse order is passed against the rights and interests of respondent No.6. 3. Learned counsel for the petitioner would submit that the petitioner has been in possession and enjoyment of land in Sy.No.523 of Allinagaram Revenue Village, Komarolu Mandal, Prakasam District. Respondent No.6 is interfering with the petitioner’s possession and enjoyment of the property. The petitioner made a representation to respondent No.4 to take necessary action. However, no action has been taken. 4. A perusal of representation made by the petitioner vide Ex.P1, the petitioner occupied Ac.5.00 cents in Sy.No.523 and has been cultivating the same. The District Collector vide Rc.E2/2410/2015, dated 17.10.2015 addressed a letter to the Tahsildar. So far, no patta has been granted to the petitioner. 5. If a third party is interfering with the petitioner’s possession of the property, the petitioner has to file a civil suit before the competent Court. Making representation by the petitioner to the Tahsildar, requesting to take necessary action, this Court is of the considered opinion that it is beyond the jurisdiction of the Tahsildar. Hence, this Court does not find any merit in the writ petition and the same is liable to the dismissed. 6. Given the facts and circumstances of the case, the Writ Petition is dismissed. However, this order will not preclude the petitioner from approaching the competent civil Court regarding his grievance. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 29.07.2025 TVN SRS,J W.P.No.19240 of 2025 232 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.19240 OF 2025 Date : 29.07.2025 TVN