Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 28489 (AP)

N MANJUNATH v. THE STATE OF ANDHRA PRADESH

WP/20688/2025 · 2025-08-04

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010404542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20688 OF 2025 Between; N. Manjunath, S/o. V.Nagappa, Aged about 31 R/o.H.No. 14-442, Marrimanu Street, Kuppam, Chittoor District 517 425 years, Occ Agriculture ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal and Urban Development Department Velagapudi, Amaravathi, Andhra Pradesh - 500 022. 2. The District Collector, Chittoor, Chittoor District. 3. The Kuppam Municipality its represented by Commissioner District, Andhra Pradesh 4. The Tahsildar, Kuppam, Chittoor District. 5. The Mandal Surveyor, Kuppam, O/o. Tahsildar, District 6. The Village Revenue Officer, Kuppam-ll, Chinnakurabalapalli District. Secretariat, Chittoor Kuppam, Chittoor Chittoor ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith pleased to issue an order, direction, writ, more particularly Writ of Mandamus praying that in the the High Court may be r declaring the highhanded action of the Respondents No.2 to 6 and demolishing the cattle shed in Sy.No.69/1, Plot No.6 of Chinnakurabalapalli Village, Kuppam Mandal, Chittoor District without following due process of law as illegal, improper, unjust, arbitrary, contrary to law and violative of Principles of Natural Justice and further direct the Respondents not to interfere with the possession of Petitioners schedule property in Sy.No.69/1, Chinnakur^alapalli Village, Kuppam Mandal, Chittoor District. Plot No.6 of 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 to direct the Respondents not to interfere with the possession of Petitioner’s schedule property in Sy.No.69/1, Plot No.6 of Chinnakurabalap^JrVillage, Kuppam Mandal, Chittoor District, forthwith, pending disposal.^ the above / Writ Petition. Counsel for the Petitioner: SRI K. RAGHU VEER Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2, 4 to 6: GP FOR REVENUE Counsel for the Respondent No.3: SRI G. LAKSHMINARAYANA, SC FOR MUNICIPALITIES The Court made the following order: ■■ f / APHC010404542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20688/2025 Between: 1.N MANJUNATH, S/0. V.NAGAPPA YEARS, AGED ABOUT 31 R/O.H.NO.14-442, MARRIMANU STREET, KUPPAM, CHITTOOR DISTRICT 517 OCC AGRICULTURE, 425 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY, DEVELOPMENT REP. BY ITS MUNICIPAL AND URBAN SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - DEPARTMENT, 500 022. 2. THE DISTRICT COLLECTOR, DISTRICT. 3.THE KUPPAM MUNICIPALITY ITS REPRESENTED COMMISSIONER PRADESH 4.THE TAHSILDAR, KUPPAM, CHITTOOR DISTRICT. 5. THE MANDAL SURVEYOR, KUPPAM, 0/0 KUPPAM, CHITTOOR DISTRICT CHITTOOR, CHITTOOR BY CHITTOOR, DISTRICT ANDHRA TAHSILDAR, 2 6.THE VILLAGE REVENUE OFFICER, f; CHINNAKURABALAPALLI, CHITTOOR DISTRICT. KUPPAM-LL, ...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 an order, direction, writ, more particularly Writ of Mandamus declaring the highhanded action of the Respondents No.2 to 6 and demolishing the cattle shed in Sy.No.69/1, Plot No.6 of Chinnakurabalapalli Village Kuppam Mandal, Chittoor District without following due process of law as illegal, improper, unjust, arbitrary, contrary to law and violative of Principles of Natural Justice and further direct the Respondents not to interfere with the possession of Petitioners schedule property in Sy.No.69/1, Plot No.6 of Chinnakurabalapall i Village, Kuppam Mandal, Chittoor District and pass such lA NO: 1 OF 2C)?fi 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 Respondents not to interfere with the possession of Petitioner’s schedule property in Sy.No.69/1, Plot No.6 of Chinnakurabalapalli Village Mandal, Chittoor District, forthwith Writ Petition and pass Kuppam pending disposal of the above Counsel for the Petitioner: 1.K RAGHU VEER Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ■* THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20688 of 2025 ORDER: \ Heard the learned counsel for the petitioner and the learned Standing Counsel for Municipality. The learned counsel for the petitioner submitted that the 2. petitioner has purchased the land admeasuring an extent of 115.22 square yards vide registered sale deed dated 23.04.2025. The vendor of the petitioner sold the property to the petitioner having acquired the same from his ancestors. The petitioner has constructed cow shed. The petitioner is an agriculturist and has been using the said land for protecting the cows. The respondent Nos.3 to 6, without issuing any notice, have been orally instructing the petitioner to remove the cow shed. 3. Considering the submissions made, there shall be a direction to the respondent Nos.3 to 6 not to dispossess the petitioner or interfere with the possession of the petitioner over the subject property without following due process of law. 4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. 4 4> As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// / Cffl^TOFFICER SE To, 1. The Principal Secretary, Municipal and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Andhra Pradesh - 500 022. 2. The District Collector, Chittoor, Chittoor District. 3. The Commissioner, Kuppam Municipality, Chittoor District, Andhra Pradesh 4. The Tahsildar, Kuppam, Chittoor District. 5. The Mandal Surveyor, Kuppam, O/o. Tahsildar, Kuppam, Chittoor District 6. The Village Revenue Officer, Kuppam-ll, Chinnakurabalapalli, Chittoor District. 7. One CC to Sri K. Raghu Veer, Advocate [OPUC] 8. One CC to Sri G. Lakshminarayana, SC for Municipalities[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 11. Two CD Copies. ssb HIGH COURT > DATED:05/08/2025 ORDER WP No. 20688 OF 2025 3 0« AUG 2025 )5 «3.\ SsCiprMt Sectjojvx^'^^ DISPOSING OF THE W.P. WITHOUT COSTS