IN THE HIGH COURT OF ANDHRA PRADESH :: . (Special Original Jurisdiction) AMARAVAT WEDNESDAY, THE TWENTY NINETH DAY OF JANUARfm©^ TWO THOUSAND AND TWENTY FIVE ^ ^ PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 26823 OF 2024 o RAO Between: Dudekula Bala Gurappa, S/o. Dudekula Nadipi Dastagiri, Aged years, Occ: Cultivation, R/o. D. No. 1-28, Mirjapuram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh about 55 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayat Raj and Rural Development, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The District Collector, Nandyal, Nandyal District, Andhra Pradesh. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, Andhra Pradesh. 4. The Tahsildar, KolimigundlaMandal, Nandyal District, Andhra 5. The Itikyala Grama Panchayat, rep by its Secretary, Itikyala Panchayat KolimigundlaMandal, Nandyal District, Andhra Pradesh. Pradesh. ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction particularly, one of writ of Mandamus declaring the action of respondent authorities in the nature in trying to dispossess the petitioners from their house sites situated in survey No. 738 admeasuring to an extent of 298.66 Ydssituated at Mirjapuram Village, j without following procedure established by the law as illegal, arbitrary and violation of Kolimigundia Mandal, Nandyal District, Andhra Pradesh principles of natural justice and the act of authorities is against the principle laid down by the Honble Apex court in the case of RameGowda ^ V/s M Varadappa Naidu Citation. 2003 Law Suit(SC) 1248 and consequently direct the respondents not to interfere into the peaceful ^possession of the subject property situated in survey No. 738 admeasuring to an extent of 298.66 Ydssituated at Mirjapuram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh except due process of law. lA 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 to direct the respondents not to interfere into the peaceful possession of the subject property situated in survey No. 738 admeasuring to an extent of 298.66 Ydssituated at Mirjapuram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh exc^pt^ue process of law pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent No5: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26823 of 2024 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "....to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in trying to dispossess the petitioner from their house sites situated in survey No.738 admeasuring to an extent of 298.66 Yds situated at Mirjapuram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon’ble Apex Court in the case of Rame Gowda V/s M.Varadappa Naidu Citation: 2003 Law Suit (SC) 1248 and consequently direct the respondents not to interfere into the peaceful possession of the subject property situated in survey No.738 admeasuring to an extent of 298.66 Yds situated at Mirjapuram Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh except due process of law and pass such other orders " This Writ Petition is filed to declare the action of the respondent authorities in trying to dispossess the petitioner from their house sites situated in survey No.738 admeasuring to an extent of 298.66 yards situated at Mirjapuram Village, Kolimigundia Mandal, Nandyal District, without following procedure established by law, as illegal and arbitrary and the act of the authorities is against the principles laid down by the Hon’ble Apex Court in the case of Rame Gowda v. M. Varadappa Naidu and consequently, direct the respondents not to interfere with the peaceful possession of the subject property situated in Sy.No.738 admeasuring to an extent of 298.66 yards. 2. 1 2003 Law Suit (SC) 1248 2 3- As seen from the affidavit asserted that the document Nos.3779 SRO of OWK i filed in petitioner acquired thesupport of the Writ Petition iIt is property from his wife through 2024 and 01.05.2024 Situated in the land stated and 3818 dated 30.04 in respect ofthe land si of paragraph No.6 it i supra. At • 's asserted that the through her ancestors and she has and 01.05 2024^''^^^''^ mentioned above, i wife has petitioner’s wife got the executed two gift deeds i property in favour of 30.04.2024 wife executed petitioner, whereas iin paragraph No.6, petitioner. When this executed two gift deeds iin favour Of the the same, /earned same. Similar Court has posed a question about to answer the and this Court has petitioner is unable counsel for the on 31.12.2024 argument was made granted time to the the writ secure written instructions from counsel for the petitioner insi Court refused to petitioner to petitioner and the learned insisted to grant interim grant interim order, learned insisted for disposal of the order and when this counsel for the petitioner Writ Petition. 4. As the learned to how the petitioner dismissed. There shall As a shall stand closed. counsel for the petitioner is unable to establish got the subject prooertv th. J P operty, the present Writ Petition i be no order as to costs. Interlocutory Applicatio as IS sequel thereto ns pending, if any Scl/- K.KASI RAn assistant achar/ registrar //TRUE COPY// To. SEi N officer 1. One CC to Sri Jada Sravan 2. One CC to Sri M. Sudhir, - 3. Two CCs to GP for Panchayat Raj Andhra Pradesh. [OUT] 4. Two CC’s to GP for Revenue 5. Thre<= .Pn Kumar, Advocate [OPUCJ SCforZPP, MPP&Gram Panchayat[OPUC] Rural Development, High Court of High Court of A.P. at Amaravati[OUTJ HIGH COURT DATED:29/01/2025 ^ % X 0 3 MAR 2025 ' ORDER - - ^ ^ . Current Section £ffSPATCVV€5^ WP.No.26823 of 2024 DISMISSING THE W.P. WITHOUT COSTS