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2025 DAILYLAW 29955 (AP)

LOCHALA SURYAKALA v. THE STATE OF AP

WP/21895/2025 · 2025-08-20

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010430572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 21895 of 2025 Between: 1. LOCHALA SURYAKALA, W/O.JOGI RAJU, AGED 55 YEARS, R/O.D.NO. 1-38, J.V. AGRAHARAM VILLAGE, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT 4. THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 5. THE MANDAL REVENUE INSPECTOR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 6. THE VILLAGE REVENUE OFFICER, J.V. AGRAHARAM VILLAGE, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM 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 issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings of the 4th respondent in Rc.No.451/2025A, dt.07.07.2025 whereby directed to summarily evict the petitioner and take over possession of the House Property measuring an extent of 364.07 Sq. Yards covered by Survey No.5-B of J.V.Agraharam Village, 2 Bheemunipatnam Mandal, Visakhapatnam District without following the procedure contemplated ujider the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, as illegal, arbitrary, unjust, malafide, contrary to law and against the Principles of Natural Justice besides violation of Articles 14, 21 and 300-A of Constitution of India and to consequently to set aside the impugned Proceedings by directing the respondents not to interfere with peaceful possession and enjoyment of the petitioner over the above subject House Property in any manner including dispossession and demolition. Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed challenging the order dated 07.07.2025 of the 4th respondent – Tahsildar, Bheemunipatnam Mandal. Through the said impugned proceedings, the Tahsildar, Bheemunipatnam Mandal, directed the Mandal Revenue Inspector to summarily evict the occupier of the land and take over possession of the house property admeasuring an extent of 364.07 square yards covered by Survey No.5-B of J.V.Agraharam village, Bheemunipatnam Mandal, Visakhapatnam District, under due process of law. It is also observed in the said order, if the petitioner is aggrieved by the proceedings impugned in the present Writ Petition, avail the remedy of appeal under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, within ninety days from the date of receipt of the order. 2. After arguing for some time on merits, learned counsel for the petitioner would request this Court to give liberty to the petitioner to avail the remedy of appeal under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. 3. Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to avail remedy of appeal under Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, against the impugned order dated 07.07.2025. Meanwhile, the respondents are directed not to take any coercive steps against the subject property. There shall be no order as to costs. 4 As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 21.08.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21895 of 2025 Date: 21.08.2025 siva