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2025 DAILYLAW 3476 (AP)

YERUPALLI KONDABABU v. The State of Andhra Pradesh,

WP/912/2025 · 2025-01-10

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATi^ (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD^ WRIT PETITION NO: 912 OF 2025 Between: Yerupalli Kondababu, s/o Sattayaya Yerupalli, Aged about 45 years, R/o Gulivindada Agraharam Village, Cheepurupalli Mandal, Vizianagaram District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi Guntur, Andhra Pradesh 2. The District Collector,. Vizianagaram District, Vizianagaram District Andhra Pradesh 3. The Revenue Divisional Officer, Cheepurupalli, Andhra Pradesh 4. The Tahsildhar, Cheepurupalli Mandal, Vizianagaram 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 be pleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for declaring the action of the 4th Respondent in trying to disposes the Petitioner from his private lands in Sy.No.96-13 to an extent of Acres 0.51 Cents, Sy.No.96-14 to an extent of Acres 0.04 Cents, Sy.No.96-15 to an extent of Acres 0.04 Cents , Sy.No.96-26 to an extent of may Acres 0.06 Cents, Sy.No.97-3 to an extent of Acres 0.06 Cents, Total Extent of Acres 0.71 Cents in Gulivindada Agraharam Village, Cheepurupalli Mandal, Vizianagaram District is illegal, arbitrary and violative of Article 14 19, 21 of Constitution of India and further declare the above lands as private lands and consequently direct the^th Respondent not to dispossess the Petitioner from his private lands / 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 disposes the petitioner from his private lands in Sy. No. 96-13 to an extent of Acres 0.51 Cents, Sy.No. 96- 14 to an extent of Acres 0.04 cents, Sy. No. 96-15 to an extent of Acres 0.04 Cents, Sy. No. 96-26 to an extent of Acres 0.06 Cents, Sy. No. 97-3 to an extent of Acres 0.06 Cents, Total Extent of Acres 0.71 Cents in Gulivindada Agraharam Village, Cheepurupalli Mandal, Vizianagaram District Counsel for the Petitioner: SRI N BHARATH SIMHA REDDY Counsel for the Respondents Nq.1 to 4: GP FOR LAND ACQUISITION The Court made the following: Order [3328] APHC010017112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 912/2025 Between: 1.YERUPALLI KONDABABU, , S/0 SATTAYAYA YERUPALLI, AGED ABOUT 45 YEARS, R/0 GULIVINDADA AGRAHARAM VILLAGE, CHEEPURUPALLI MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, AMARAVATHI GUNTUR, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT ANDHRA PRADESH 3.THE REVENUE DIVISIONAL OFFICER, CHEEPURUPALLI, ANDHRA PRADESH 4.THE TAHSILDHAR, CHEEPURUPALLI MANDAL, VIZIANAGARAM DISTRICT SECRETARIAT, REVENUE DEPARTMENT VIZIANAGARAM DISTRICT, ...RESPONDENT(S): Counsel for the Petitioner; 1.N BHARATH SIMHA REDDY Counsel for the Respondent{S); 1.GP FOR LAND ACQUISITION The Court made the following: ORAL ORDER! Heard Sri N.Bharath Simha Reddy, learned Counsel and Sri K.Arjun Chowdary, learned Assistant Government Pleader. Learned Assistant Government Pleader for the Petitioner 2. has submitted Written 09.01.2025. A on the learned Counsel for the Petitioner. The same is taken on record. The relevant portion of the Written Instructions usefully extracted hereunder: Instructions furnished by the Tahsildar of Cheepurupalli dated copy of it has been served IS “In this connection it is submitted that G. Agraharam mam village in the Cheepurupalli mandal. Survey was conducted in 1969 and FMB and SLR IS an un settelled were prepared. Out 5 volumes one volume 3 is not available in this office which covers from Sy. No. 82 to 123 In respect of the lands mentioned in the writ petition SLR record is not available in this office. On verification of the enjoyment register, 22A register and the FMB of G. Agraharam Village It is noticed that, as per the FMB of the G. Agraharam Village some part of the lands in the Sy. Nos. 96-13, 96-15, 96-26, 97-3 and full extent in Sy. No. 96-14, are acquired for the Thotapalli Barrage Project and the remaining land is noted as Inam Dry. Further, the remaining parts of the lands which weren't covered in the land acquisition i.e. Sy. Nos. 96-13, 96-15, 96- 26, 97-3 are under the possession of the writ petitioner by the way of a saw mill. It is further submitted that, as mentioned in the writ petition, the respondents didn't take any steps for the dispossession of the lands from the petitioner In any means and hence the averments of the writ petitioner are not true and correct. Hence, the writ petition is liable for dismissal with costs. ” 3 The above Written Instructions would indicate that the Revenue Officials 3. are not interfering with the subject land for the time being. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merits, directing the Respondent Officials to follow due process of law in the event any coercive steps are sought to be initiated against the Writ Petitioner in the 4. future. With these observations and directions, this Writ Petition stands 5. disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 6. SDI- K. KASIRAO ACHARi ASSiSTANTf REGISTRAR //TRUE COPY// To, SECT The Principal Secretary, State of Andhra Pradesh Department Secretariat, Velagapudi, Amaravathi Guntur, Andhra Pradesh The District Collector, Vizianagaram District, Vizianagaram District Andhra Pradesh The Revenue Divisional Officer, Cheepurupalli, Andhra Pradesh The Tahsildhar, Cheepurupalli Mandal, Vizianagaram District One CC to SRI N BHARATH SIMHA REDDY Advocate [OPUC] Two CCs to GP FOR LAND ACQUISITION, High Court of Andhra Pradesh [OUT]- Three CD Copies OFFICER 1. Revenue 2. 3. 4. 5. 6. 7. gsg HIGH COURT DATED: 10/01/2025 ORDER WP.No.912 of 2025 DISPOSING THE WP WITHOUT COSTS