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2025 DAILYLAW 33773 (AP)

THE DIOCESE OF KURNOOL SOCIETY v. THE STATE OF ANDHRA PRADESH

WP/26224/2025 · 2025-09-24

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010509862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 26224 of 2025 Between: 1. THE DIOCESE OF KURNOOL SOCIETY, BISHOP BUNGALOW, B-CAMP, KURNOOL, REP. BY REV. FR. PAGIDELA CHINNAPU REDDY S/O. INNAYYA REDDY, AGED 51 YEARS. BISHOP'S HOUSE, H.NO.87/760, TELECOM NAGAR, KURNOOL-518 002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, KURNOOL DIVISION, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR, KURNOOL RURAL MANDAL, AT KURNOOL, KURNOOL DISTRICT. 4. THE INSPECTOR OF POLICE / STATION HOUSE OFFICER, TANDRAPADU P.S., KURNOOL DISTRICT 5. DR S MOHAMMAD ALI, S/O. LATE S. AHMED HUSSAIN, AGED 76 YEARS, H.NO. 17-1-380/E/24, SHANTHINAGAR, C-E COLONY, SANTHOSHNAGAR,HYDERABAD, TELANGANA 6. P ANIL, S/O. P. RAMASWAMY, AGED 34 YEARS, R/O. H.NO.2- 201B, B.C. COLONY, UPPARAPALLE, ANANTHAPUR, ANANTHAPUR 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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, (i) declaring the high-handed 2 action of the Respondent No. 2, in attempting to demolish the compound wall and the buildings, and in trying to dispossess the petitioner-Society from Sy.No.311 A, admeasuring Ac.3-90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and trying to hand over the same to the 5th respondent without first ascertaining and determining the title and ownership of the 5th Respondent, as illegal, arbitrary, without authority of law, and violation of principles of natural justice, besides violation of Article 300-A of the Constitution of India, (ii) further declaring that the 2nd respondent or his sub-ordinates have no authority, competency, jurisdiction to decide the title, ownership or possession of 5th and 6th respondents, and (iii) consequently direct the Respondent No. 2 not to interfere with the peaceful possession and enjoyment of the petitioner- Society over the land in Sy.No.311A, admeasuring Ac.3-90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and (iv) further direct not to recourse to demolish and dispossess the petitioner to help the 5th respondent. Counsel for the Petitioner: 1. M RAMALINGESWARA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "….. to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, (i) declaring the high- handed action of the Respondent No.2, in attempting to demolish the compound wall and the buildings, and in trying to dispossess the petitioner-Society from the land Sy.No.311A, admeasuring Ac.3.90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and trying to hand over the same to the 5th respondent without first ascertaining and determining the title and ownership of the 5th Respondent, as illegal, arbitrary, without authority of law, and violation of principles of natural justice, besides violation of Article 300-A of the Constitution of India, (ii) further declaring that the 2nd respondent or his subordinates have no authority, competency, jurisdiction to decide the title, ownership or possession of 5th and 6th respondents, and (iii) consequently direct the Respondent No.2 not to interfere with the peaceful possession and enjoyment of the petitioner-Society over the land in Sy.No.311A, admeasuring Ac.3.90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and (iv) further direct not to recourse to demolish and dispossess the petitioner to help the 5th respondent and to pass such other orders……" 2. Learned State Counsel placed written instructions addressed by the Revenue Divisional Officer, Kurnool – 2nd respondent herein to the Government Pleader for Revenue, High Court of Andhra Pradesh, dated 23.09.2025. On reviewing the said written instructions, it manifest that the respondent No.2 has not made any attempt till date to demolish the compound wall and the buildings, as alleged by the writ petitioner in his affidavit and further action with regard to rectification of entries 4 pertaining to extent in connected revenue records will be taken by following due process of law. 3. Recording the same, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 25.09.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26224 of 2025 Date: 25.09.2025 siva