P Jayachandra Naidu v. The State of Andhra Pradesh,
WP/21736/2025 · 2025-08-18
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28987 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28987 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010413622025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21736 OF 2C)9fi Between: P Jayachandra Naidu, S/o. Late Raj Gopal, Aged about 74 Inambakam Village, Damarapakam Post, Nagari Mandal, Tirupati District years, R/o. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat Bldgs, Amaravati
2. The Revenue Divisional Officer, Tirupati Division, Tirupati District
3. The Thasildar, Nagar Mandal, Tirupati District
4. Smt Sanjeevamma, W/o. Ponnu Swamy, Aged about 50 Nambakam Vilalge, Nagari Mandal, Tirupati District years, R/o. ...Respondents 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 issued a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of Thasildar, Nagari Mandal in non - concluding the enquiry pursuant to the notice issued vide ROC No. A/130/2024 dated 15.4.2025 on the illegal encroachments made ancient cart track situated in Sy No. 193/12 for an extent of Ac. 0.30 cents situated at No. 104, Agaram Group, Nambakam Village Accounts, Puttur on
Mandal, Tirupati District amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Thasildar to conclude the enquiry forthwith without any further delay in the interest of justice. 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 Thasildar, Nagar Mandal, Tirupati District to conclude the enquiry pursuant to the notice issued vide ROC No. A/130/2024 dated 15.4.2025 forthwith pending disposal of the W.P. in the interest of justice, r" Counsel for the Petitioner: SRI T C KRISHNAN Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: — The Court made the following order:
APHC0104 1 362202 5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) IL* [3330] MM TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21736/2025 Between:
1.P JAYACHANDRA NAIDU, S/0.
LATE RAJ GOPAL, AGED ABOUT 74 DAMARAPAKAM POST, YEARS, R/O. INAMBAKAM VILLAGE, NAGARI MANUAL, TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BLDGS, AMARAVATI 2.THE REVENUE DIVISIONAL OFFICER, TIRUPATI DIVISION, TIRUPATI DISTRICT 3.THE THASILDAR, NAGAR MANUAL, TIRUPATI DISTRICT 4.SMT SANJEEVAMMA, W/0. PONNU SWAMY, AGED ABOUT 50 YEARS, R/O. NAMBAKAM VILALGE, NAGARI MANDAL, TIRUPATI DISTRICT ...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 issued a writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of Thasiidar, Nagari Mandal in - concluding the enquiry pursuant to the notice issued vide ROC No. A/130/2024 dated 15.4.2025 on the illegal encroachments made ancient cart track situated in Sy No. 193/12 for an extent of Ac. 0.30 cents on
Puttur situated at No. 104, Agaram Group, Nambakam Village Accounts, Mandal, Tirupati District amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Thasildar to conclude the enquiry forthwith without any further delay in the interest of justice 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 Thasildar, Nagar Mandal, Tirupati District to conclude the enquiry pursuant to the notice issued vide ROC No. A/130/2024 dated 15.4.2025 forthwith pending disposal of the W.P. in the interest of justice Counsel for the Petitioner:
1.TC KRISHNAN Counsel for the Respondent(S):
1.GP FOR REVENUE
r THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21736 of 2025
ORDER:- The present Writ Petition is fried under Article 226 of the Constitution of India seeking the following relief;
"...issue writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the acts on the part of Thasildar, Nagari Mandal in - concluding the enquiry pursuant to the notice issued vide ROC No. A/130/2024 dated 15.4.2025 on the illegal encroachments made on ancient cart track situated in Sy No. 193/12 for an extent of Ac. 0.30 cents situated at No. 104, Agaram Group, Nambakam Village Accounts, Puttur Mandal, Tirupati District amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Thasildar to conclude the enquiry forthwith without any further delay in the interest of justice and pass such other order or orders...” ' The Tahsildar-respondent No.3, by impugned notice dated 15.04.2025,
2.
directed the petitioner herein to attend for an inquiry, along with records, on
19.04.2025. It is the argument of learned counsel for the petitioner that the petitioner
3. has submitted an explanation to the notice dated
15.04.2025. However, respondent No.3-Tahsildar has not conducted any inquiry. Therefore, prayed to direct the respondent authorities to pass an appropriate order and conclude the inquiry as expeditiously as possible. Learned Assistant Government Pleader for Revenue filed the
4. correspondence dated 07.08.2025 addressed by respondent No.3-Tahsildar
and the relevant paragraph of the said correspondence is extracted hereunder:
“Further it is respectfully submit that upon receiving the petitioner’s representation regarding the alleged encroachment on an ancient cart track in Sy. No. 193/12, due process was followed by issuing notices to both the webland pattadar and the present writ petitioner. However, the pattadar failed to attend the enquiry and the petitioner did not produce any supporting documents to establish the existence of such a Carttrack.”
5. On perusal of the above correspondence, respondent No.3 has already concluded the inquiry. However, the argument of the petitioner is that the respondent No.3 has not conducted the inquiry so far.
6. In order to give one more opportunity to the petitioner, this Court i: inclined to dispose of the writ petition giving liberty to the petitioner to produce all the relevant documents before the respondent No.3-Tahsildar, within (01) week from the date of receipt of a copy of the order. On receipt of the same, respondent No.3 is directed to examine the same and pass appropriate orders in accordancewith law. IS one
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Amaravati Department Secretariat Bldgs,
2. The Revenue Divisional Officer, Tirupati Division, Tirupati District
3. The Thasiidar, Nagar Mandal, Tirupati District. (By Speed Post)
4. One CC to Sri T C Krishnan, Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
6. Two CD Copies r TF
% HIGH COURT DATED:19/08/2025
ORDER WPNO. 21736 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS