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2025 DAILYLAW 33106 (AP)

JANNI RAMANA v. THE STATE OF ANDHRA PRADESH

WP/25339/2024 · 2025-09-07

R Raghunandan Rao, T C D Sekhar

body2025

Judgment text

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APHC010494112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 25339/2024 Between: 1. JANNI RAMANA, S/O JANNI PYDAYYA, AGED ABOUT 40 YEARS,COOLIE/LABOURER, KAPU STREET,MARIPALLI VILLAGE, VIZIANAGARAM DISTRICT,ANDHRA PRADESH, PIN NO. 535593. 2. JANNI BABU RAO, S/O JANNI SIMHACHALAM, AGED ABOUT 34 YEARS,COOLIE/LABOURER, KAPU STREET,MARIPALLI VILLAGE, VIZIANAGARAM DISTRICT,ANDHRA PRADESH, PIN NO 535593. 3. . JANNI SHANKAR RAO, S/O JANNI SIMHACHALAM AGED ABOUT 33 YEARS,COOLIE/LABOURER, KAPU STREET,MARIPALLI VILLAGE, VIZIANAGARAM DISTRICT,ANDHRA PRADESH, PIN NO 535593. 4. JANNI LAKSHMI, D/O JANNI PYDAYYA, AGED ABOUT 42 YEARS,COOLIE/LABOURER, KAPU STREET,MARIPALLI VILLAGE, VIZIANAGARAM DISTRICT,ANDHRA PRADESH, PIN NO 535593. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. THE DISTRICT COLLECTOR, VIZINAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, SALURU MANDAL, 2 RRR,J & TCDS,J W.P.No.25339 of 2024 VIZIANAGARAM DISTRICT 4. THE MANDALA REVENUE OFFICE, SALURU MANDAL, VIZIANAGARAM DISTRICT 5. THE VILLAGE REVENUE OFFICER, MARRIPALLI PANCHAYAT SALUR MANDAL VIZIANAGARAM, VIZIANAGRAM DISTRICT. 6. THE SUB REGISTRAR, SALUR MANDAL, VIZIANAGARAM DISTRICT 7. RAVIPATI UDAY BHASKAR DIED, AGE 60, S/O LATE ANJANEYULU, R/O M MAMIDIPALLI VILLAGE SALURU MANDAL, VIZIANAGARAM. 8. RAVIPATI SIVARANI, W/O UDAY BHASKAR RAO, AGED 60 YEARS , HINDU, R/O MARIPALLI VILLAGE, SALUR MANDAL, PARVATIPURAM, MANYAM DISTRICT. R8 IS BROUGHT ON RECORD AS L.R OF THE DECEASED RESPONDENT NO.7 AS PER THE COURT'S ORDER DT.27.12.2024 IN I.A.NO. 02 OF 2024. ...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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus or any other Writ directing the respondents particularly the action of the respondents 3rd to 7th herein, trying to take possession of my own Land and threatening me to evict from the land herein without any notice in Sy no. 135-3, Ac.1.32 cents Metta Land , 131- 3, Ac 3.42 cents metta land, 133-1 Ac 1.28 Manavari Land, kandulapadam Village, Saluru Mandal, Vizianagaram District, as illegal, arbitrary. Art 14,21 300 of the Indian Constitution 1950 and consequently direct the respondents not to dispossess of my own land from my peaceful possession of my own Land and threatening me to evict from the land herein without any notice in Sy no. 135-3, Ac.1.32 cents Metta Land , 131-3, Ac 3.42 cents metta land, 133-1 Ac 1.28 Manavari Land, kandulapadam Village, unconstitutional Saluru Mandal, Vizianagaram District, and for other reliefs and pass IA NO: 1 OF 2024 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 3 RRR,J & TCDS,J W.P.No.25339 of 2024 pleased to direct the respondents authorities to consider the representation 13-09-2024 and not to interfere with petitioner’s peaceful possession of the petitioner’s scheduled property in of my own Land and threatening me to evict from the land herein without any notice in Sy no. 135-3, Ac. 135-3, Ac. 1.32 cents Metta Land , 131-3, Ac 3.42 cents metta land, 133-1 Ac 1.28 Manavari Land, kandulapadam Village, Saluru Mandal, Vizianagaram District, pending the disposal of Writ Petition; and pass IA NO: 2 OF 2024 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 implead the petitioner/ proposed party as Respondent no.8 in W.P. No.25339 of 2024 and other interlocutory applications pending before the Hon’ble court in the interests of justice and pass IA NO: 3 OF 2024 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 vacate the exparte interim order Dt.08-11-2024 passed in W.P. No.25339 of 2024 in the interests of justice 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 grant leave to this 8th respondent to file additional affidavit in the above writ petition in the interests of justice and pass IA NO: 2 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 may be pleased to grant leave to the Respondent No.4 to file counter affidavit in the above writ petition and pass IA NO: 3 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 may be pleased to grant leave to the Petitioner herein/ Respondent No.6 to file counter affidavit and pass 4 RRR,J & TCDS,J W.P.No.25339 of 2024 Counsel for the Petitioner(S): 1. PERIKALA PRAKASH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. M CHALAPATI RAO 3. GP FOR REGISTRATION AND STAMPS 5 RRR,J & TCDS,J W.P.No.25339 of 2024 The Court made the following Order: (per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri P. Prakash, learned counsel for the petitioners and Sri M. Chalapati Rao, learned counsel appearing for the 8th respondent. 2. The petitioners herein, have filed the present Writ Petition, contending that, the 7th respondent, had obtained a registered document, dated 27.04.2021, on the basis of which, the 7th respondent was claiming ownership over the land and was seeking to dispossess them from their own land, admeasuring Ac.7.08 cents, in Kandulapadam Village, Saluru Mandal, Vizianagaram District, with the assistance of the Official Respondents. 3. The 8th respondent has impleaded herself, on the ground that, her husband, who is arrayed as the 7th respondent, had passed away before the filing of the present Writ Petition and that, she had become the owner of the land, on account of his demise. The 8th respondent has also stated that, she had filed O.S.No.181 of 2023, before the learned Junior Civil Judge, Salur, for a permanent injunction restraining the fathers of the respondents 2 & 4, along with other members of their family from interfering with her possession over the land. The 8th respondent, also states that, on 21.12.2023, the learned Junior Civil Judge, Salur, had also granted a temporary injunction in her favour, after giving a preliminary finding that she was in possession of her land. 6 RRR,J & TCDS,J W.P.No.25339 of 2024 4. In these circumstances, it would only be appropriate to relegate the parties to a Civil Court for a decision of their right and title of the land as well as the possession to be determined in accordance with law. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date:08.09.2025 KPV 7 RRR,J & TCDS,J W.P.No.25339 of 2024 235 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION No:25339 of 2024 (per Hon’ble Sri Justice R. Raghunandan Rao) 08.09.2025 KPV