Extracted from the PDF above. The PDF is authoritative.
APHC010414472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21613 OF 2025 Between: P V Jogi Sastry, S/o late Venkata Ramayya, aged about 69 years, R/o Door No.5-229/2, Eswaranarayana Colony, Saradhi, Rajam, Rajam Mandal, Vizianagaram District, Andhra Pradesh. ...Petitioner AND
1. The State of Andhra Pradesh, rept. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi. The District Collector, Vizianagaram, Vizianagaram District. The Joint Collector, Vizianagaram, Vizianagaram District. The Revenue Divisional Officer, Chipurupalle, Vizianagaram District. The Tahsildar, Rajam, Vizianagaram District. The Rajam Nagar Panchayat, Rep by its Commissioner Rajam, Rajam Mandal, Vizianagaram,
2. 3. 4. 5. 6. ...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 issue Writ, Order or direction more particularly one in the Nature of Writ of Mandamus declaring the Impugned notice vide in Rc.No.144/2025/SA, Dt.04.04.2025, issued by the Tahsildar, Rajam, Vizianagaram District, Viz.,
r 5th respondent herein, and further Acts of all the respondents, who threatening to dispossess me, from my own agricultural Wet land of an extent of Ac. 1.77 cents, in my peaceful possession and enjoyment, which is situated in,^y. No. 114, of Saradhi village, Rajam Mandal, in Vizianagaram District, as illegal, arbitrary, without jurisdiction and in violation of Fundamental Rights guaranteed under Articles 14,21 and 300A of the Constitution of India, and contrary to the Revenue laws and set aside the same as illegal and violative of Fundamental Rights and further directing all the respondents herein, not interfere with my absolute peaceful uninterrupted possession and enjoyment over the above said land of Ac. 1.77 cents, in Sy. No. 114, of Saradhi village, of Rajam Mandal, Vizianagaram District are .X ■ to 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 herein, not to interfere with the petitioner's peaceful possession and enjoyment of dry land to an extent of Ac. 1.77 cents situated in Sy.
No.114, in Saradhi village, Rajam Mandal, in Vizianagaram District, by suspending the impugned notice vide Rc.No.144/2025/SA, dt.04.04.2025 issued by the Tahsildar, Rajam pending disposal of the above writ petition Counsel for the Petitioner: SRI GNANESWARA RAO MITTIREDDI Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: M/S. SIREESHA RANI VALLABHANENI The Court made the following order:
- > APHC010414472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS [3330] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO; 21613/2025 Between:
1.P V JOGI SASTRY, S/0 LATE VENKATA RAMAYYA, AGED ABOUT 69 YEARS. R/0 DOOR NO.5-229/2, ESWARANARAYANA COLONY, SARADHI, RAJAM, RAJAM MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPT. BY ITS REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE VIZIANAGARAM DISTRICT. 3.THE JOINT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, CHIPURUPALLE, VIZIANAGARAM DISTRICT. 5.THE TAHSILDAR, RAJAM, VIZIANAGARAM DISTRICT. 6. THE RAJAM NAGAR PANCHAYAT, REP BY ITS COMMISSIONER RAJAM, RAJAM MANDAL, VIZIANAGARAM, ...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, Order or direction more particularly one in the Nature of Writ of Mandamus declaring the Impugned notice vide in Rc.No.144/2025/SA, Dt.04.04.2025, issued by,-the Tahsildar, Rajam, Vizianagaram District, Viz., 5th respondent herein, and further Acts of ail the respondents, who are threatening to dispossess me, from my own agricultural Wet land of an extent of Ac. 1.77. cents, in my peaceful possession and enjoyment, which is situated in Sy.
No. 114, of Saradhi village, Rajam Mandal, in Vizianagaram District, as illegal, arbitrary, without jurisdiction and in violation of Fundamental Rights guaranteed under Articles 14,21 and 300A of the Constitution of India, and contrary to the Revenue laws and set aside the same as illegal and violative of Fundamental Rights and further directing all the respondents herein, not to interfere with my absolute peaceful uninterrupted possession and enjoyment over PRINCIPAL SECRETARY DISTRICT COLLECTOR. VIZIANAGARAM,
9 the above said land of Ac. 1.77 cents, in Sy. No. 114, of village, of Rajam Mandal, Vizianagaram District and pass lA NO: 1 OF 2025 Petition under Section 151 CPC Saradhi 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 herein, not to interfere with the petitioner's peaceful possession and enjoyment of dry land to an extent of Ac. 1.77 cents situated in Sy. No.114, in Saradhi village, Rajam Mandal, in Vizianagaram District, by suspending the impugned notice dt.04.04.2025 issued by the Tahsildar, Rajam pending disposal of the above writ petition and pass Counsel for the Petitioner; vide Rc.No.144/2025/SA 1.GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S);
1.GP FOR REVENUE
» THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21613 of 2025
ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Impugned notice vide in Rc.No.144/2025/SA, Dt.04.04.2025, issued by the Tahsildar, Rajam, Vizianagaram District, Viz., 5 respondent herein, and further Acts of all the respondents, who are threatening to dispossess me, from my own agricultural Wet land of an extent of Ac. 1.77 cents, in my peaceful possession and enjoyment, which is situated in Sy.No.114, of Saradhi village, Rajam Mandal, in Vizianagaram District, as illegal, arbitrary, without jurisdiction and in violation of Fundamental Rights guaranteed under Articles 14, 21 and 300A of the Constitution of India, and contrary to the Revenue laws and set aside the same as illegal and violative of Fundamental Rights and further directing all the respondents herein, not to interfere with my absolute peaceful uninterrupted possession and enjoyment over the above said land of Ac.1.77 cents, in Sy.No.114, of Saradhi Village, of Rajam Mandal, Vizianagaram District and pass such other order or orders...” th th Through impugned proceedings dated 04.04.2025, the 5 respondent-Tahsildar issued notice to petitioner calling for explanation as to why the petitioner should not be evicted from the encroached land. The petitioner was also directed to submit the explanation along with documentary evidence in support of his possession within a period of seven (07) days from the date of issue of notice, failing which it would be presumed that no explanation was offered. Thereafter, the petitioner has submitted explanation on
11.04.2025. However, the
2.
4 f respondents are still interfering with the petitioner’s possession and enjoyment of the property. Aggrieved by the same, present writ petition is filed.
3. Heard Sri M.Gnaneswara Rao, learned counsel for petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 5 and V.Sireesha Rani, learned counsel for respondent No.6.
4.
Learned counsel for petitioner submits that it would suffice to direct the respondents to consider the explanation offered by the petitioner and pass appropriate orders.
5.
Learned counsel for respondents does not refute the same. The writ petition has been filed after lapse of four months. However, taking a lenient view and with the consent of both the
learned counsel, the present Writ Petition is disposed of by directing the respondents to examine the explanation offered by the petitioner and pass appropriate orders in accordance with law, and communicate the decision to the petitioner as expeditiously as possible. Till such time, respondents are directed not to take any coercive steps against the petitioner’s property. There shall be no order as to costs.
6. As a sequel thereto, miscellaneous petitions pending, if any, Sal- SHAiK MOHD. RAFi ASSISTANT REGISTR^ shall stand closed.
//TRUE COPY// OFFICER S To, Revenue of Andhra Pradesh,
1. Tbo Principal Secretary, State Department, Secretariat Buildings, Velagapudi, Amaravathi
9
2. The District Collector, Vizianagaram, Vizianagaram District.
3. The Joint Collector, Vizianagaram, Vizianagaram District.
4. The Revenue Divisional Officer, Chipurupalle, Vizianagaram District.
5. The Tahsildar, Rajam, Vizianagaram District.
6. The Commissioner, Rajam Nagar Panchayat, Rajam Mandal, Vizianagaram,
7. One CC to SRI GNANESWARA RAO MITTIREDDl Advocate [OPUC]
8. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT]
9. Two CD Copies GSG
HIGH COURT DATED; 18/08/2025 s 21 AUG 2117‘i m, ^ . Current Section *
ORDER WP NO. 21613 OF 2025 DISPOSING THE WP WITHOUT COSTS