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2025 DAILYLAW 41007 (AP)

Gollapalli Chinna Venkataiah v. The State of Andhra Pradesh

WP/36109/2025 · 2025-12-25

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010696352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36109/2025 Between: 1. GOLLAPALLI CHINNA VENKATAIAH, S/O LATE OBAIAH, AGED ABOUT 74YEARS ,2-83, SARVARABAD, GADDAMVARIPALLIPOST,KONDAYAPALEM UDAYAGIRI MANDALAM, S.P.S.R.NELLORE DISTRICT.524 226 2. GOLLAPALLI GURAVAIAH, S/O.LATE VENGAIAH, AGED ABOUT 85 YEARS ,2-86, SARVARABAD, GADDANIVARIPALLIPOST,KONDAYAPALENN UDAYAGIRIMANDALAM, S.P.S.R.NELLORE DISTRICT 524 226 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS. PRINCIPAL SECRETARY REVENUE DEPARTMENT, VELAGAPUDI,GUNTUR DISTRICT, AT AMARAVATHI 522 237 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.524 006 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR TOWN,SPSR NELLORE DISTRICT 524 322 4. THE TAHSILDAR, UDAYAGIRIMANDAL, S.P.S.R.NELLORE DISTRICT.524 226. ...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 declaring the action of 2nd and 4th Respondents interfering with the possession and enjoyment of the lands of the petitioners pertaining to extent of Ac.02-06 Cents in S.No 740/3 and an extent of Ac.0-25 cents in S.No 740/9 and an extent of Ac.02-14 Cents in S.No 740/1 and an extent of Ac.0-25 cents in S.No 739/1 an Kondayapalem Village of Udayagiri MandalS.P.S.R.Nellore District by dispossessing them without fallowing the legal procedure is illegal arbitrary and without jurisdiction and against the principles of natural justice apart from violation of Articles 14,19.21 and 301 of constitution of India and also direct the respondent 2 and 4 to consider the representations of the petitioner as per law and pass such 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 may be pleased to direct the 4 respondent not to obstruct the petitioners from doing cultivation in their lands to an extent of Ac.02-06 Cents in S.No:740/3 , Ac.0-25 cents in S.No;740/9, Ac.02-14 Cents in S.No:740/1 and an extent of Ac.0-25 cents in S.No;739/1 of the petitioners situated in Kondayapalem revenue village of UdayagiriMandal, S.P.S.R.Nellore District during the pendency of the writ petition and pass such Counsel for the Petitioner(S): 1. DR G V RAVI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri Dr. G.V. Ravi, learned counsel for the petitioners, and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, appeared for the respondents. 2. Learned counsel for the petitioners would submit that the 1st petitioner is in possession and enjoyment of land of an extent of Ac.02.06 cents in Sy.No.740/3 and Ac.0.25 cents in Sy.No.740/9 of Sarvarabad Village, Udayagiri Mandal, SPSR Nellore District. The 2nd petitioner is in possession and enjoyment of land of an extent of Ac.2.14 cents in Sy.No.740/1 and Ac.0.25 cents in Sy.No.739/1 of the same village. The petitioners made a representation to assign the land. Respondent No.4 issued different endorsements. However, pending consideration of the petitioners’ representation, respondent No.4 is trying to dispossess the petitioners of the subject properties. 3. Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, while not disputing the petitioners' possession over the subject properties, would submit that respondent No.4-Tahsildar is not interfering with the petitioners’ possession of the aforementioned properties. He would also submit that respondent No.4 will follow the due procedure of law. 4. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the learned respondent No.4 not to interfere with the petitioners’ possession of the aforementioned properties, without following due procedure of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.12.2025 TVN 63 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.36109 OF 2025 Date: 26.12.2025 TVN