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2025 DAILYLAW 3320 (AP)

K. Kalavathi v. The State of Andhra Pradesh,

WP/751/2025 · 2025-01-08

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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A' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 751 OF 2025 Between: K. Kalavathi, W/o Markondaiah, Aged about 39 years, R/o. D.No.3-35, Virat Nagar, Penumuru Town and Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Penumuru Mandal, Chittoor District. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent No. 4 and his personnel interfering with peaceful possession and enjoyment of petitionei's Cattle Shed situated at Sy.No.468/1 to an extent of Ac.0-05 cents situated at Penumuru Village and Mandal, Chittoor District without passing appropriate orders in pursuance of the Notice vide R.O.C.A/18/2024 dated 23.12.2024 and Reply given by the Petitioner dt. 30.12.2024 is arbitrary, illegal, violation of Principles of Natural Justice and Article 21 of the Constitution of India. 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 4*^^ Respondent not to interfere with the possession and enjoyment of petitioner’s Cattle Shed situated at Sy.No.468/1 to an extent of Ac.0-05 cents situated at Penumuru Village and Mandal, Chittoor District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI O. UDAYA KUMAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE The Court made the following: ORDER ‘a APHC010015472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 751/2025 Between: 1.K. KALAVATHI, W/0 MARKONDAIAH R/0. D.NO.3-35, VIRAT NAGAR, PENUMURU TOWN AND MANDAL, CHITTOOR DISTRICT. AGED ABOUT 39 YEARS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REVENUE SECRETARIAT, 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 4.THE TAHSILDAR, PENUMURU MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.0 UDAYA KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following ORAL ORDER: Heard Sri O. Udaya Kumar, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Land Acquisition, Stamps & Registration. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Notice issued by the Tahsildar under Section 7 Land Encroachment Act, 1905 (for short the ‘Act’) dated 23.12.2024 and the explanation given by the Writ Petitioner dated 30.12.2024 (Ex P 2) i response to the Notice under Section 7 of the Act. Revenue, of the A.P (Ex.P.1) in 3. Learned Counsel for the Writ Petitioner would submit that without issuing the Final Orders, the Official Respondents are interfering with the peaceful possession of the Writ Petitioner. Learned Counsel for the Writ Petitioner would submit that, so far, the Final Orders have not been passed after consideration of the explanation (Ex.P.2) submitted by the Writ Petitioner. 4. Having regard to the facts and circumstances of the deems it appropriate to dispose of this Writ Petition case, this Court at the admission stage, to pass a without going into merits, directing the Official Respondents Speaking Order objectively in accordance with law and communicate such Order to the Writ Petitioner forthwith. Needless to state that there is a 11 of the Act. statutory limitation of 60 days provided under Section Therefore, the Respondent Authorities shall not initiate any coercive steps until expiry of the limitation period for preferring an Appeal from the date of receipt of Final Order by the Writ Petitioner. Writ Petitioner is directed to submit a copy of this Order along with the photocopy of the explanation (mentioned supra) to the Competent Authority within a period of one week from today for effective compliance. 5.With these observations and directions, this Writ Petition disposed of. No order as to costs. stands V 3 6.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Penumuru Mandal, Chittoor District. 5. One CC to Sri O. Udaya Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:08/01/2025 ORDER WP.No.751 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS