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2025 DAILYLAW 28339 (AP)

MATURI VENKATESWA RAO v. THE STATE OF AP

WP/20754/2025 · 2025-08-06

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010402342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20754/2025 Between: 1. MATURI VENKATESWA RAO, S/O LATE SUBRAHMANYAM, AGED ABOUT 59 YEARS, OCC CULTIVATION, R/O G.KOTHAPALLI VILLAGE, DWARAKA TJRUMALA MANDAL, ELURU DISTRICT-534 451 (FORMERLY WEST GODAVARI DISTRICT) ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU, (FORMERLY WEST GODAVARI DISTRICT) ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT) ANDHRA PRADESH. 4. THE TAHSILDAR, DWARAKA TIRUMALA, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT) ANDHRA PRADESH. 5. THE VILLAGE REVENUE OFFICER, G.KOTHAPALLI, DWARAKA TIRUMALA MANDAL ELURU 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 topleased to issue Writ or order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.3 to 5 and their sub-ordinates trying to dispossess the petitioner from the agricultural land situated in sy.no.289/1 to an extent of 1 Ac.4.80 cents in G.Kothapalli Village, Dwaraka Tirumala Mandal, Eluru District without following due process of law particularly The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and 2 also violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent nos. 3 to 5 not to dispossess the petitioner from the agricultural land situated in sy.no.289/1 to an extent of Ac.4.80 cents in G.Kothapalli Village, Dwaraka Tirumala Mandal, Eluru 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 pleased to direct the respondent nos.3 to 5 not to dispossess the petitioner from the agricultural land situated in sy.no.289/1 to an extent of Ac.4.80 cents in G.Kothapalli Village, Dwaraka Tirumala Mandal, Eluru District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. BODA SATYA NAGA MANJEET Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20754 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “… to issue Writ or order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos.3 to 5 and their sub-ordinates trying to dispossess the petitioner from the agricultural land situated in Sy. No.289/1 to an extent of Ac.4.80 cents in G.Kothapalli Village, Dwaraka Tirumala Mandal, Eluru District without following due process of law particularly The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and also violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent nos.3 to 5 not to dispossess the petitioner from the subject land and pass.…” 2. The learned Assistant Government Pleader for Revenue furnished the proceedings dated 04.08.2025 addressed by the Tahsildar, Dwaraka Tirumala, Eluru District. In that proceedings it is clearly stated that the respondents neither initiated any land acquisition proceedings nor tried to dispossess the petitioner and the present writ petition is filed on hypothetical grounds. 3. Considering the facts and circumstances of the case, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property, except by following due process of law. 4 4. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 07.08.2025 SJ 5 192 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20754 of 2025 Date : 07.08.2025 SJ