POTLURI GAJENDRA RAO v. THE STATE OF ANDHRA PRADESH
WP/31022/2025 · 2025-12-03
D Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41199 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41199 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010595702025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31022/2025 Between:
1. POTLURI GAJENDRA RAO, C/O. SUBBA RAO, AGED 64 YEARS, OCC. CULTIVATION,
R/O. 2-106, SEETHARAMAPURAM, MOTUPALLI VILLAGE, CHINAGANJAMMANDAL,
BAPATIA, BAPATIA DISTRICT. 2. POTIURIKONDAMMA,, W/O. POTIURIGAJENDRA RAO, AGED 61 YEARS, OCC.-CULTIVATION, R/O. 2-106, SEETHARAMAPURAM, MOTUPALLI VILLAGE, CHINAGANJAMMANDAL,
BAPATIA, BAPATIA DISTRICT. 3. PALEKARIRATNAVALI @ PRALAYA KAVERI, W/O. JALAIAH, AGED 66 YEARS, OCC.- CULTIVATION,
R/O. 4-96, NEERIKSHANAGIRI,
MOTUPALLI VILLAGE, CHINAGANJAMMANDAL, BAPATIA, BAPATIA DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, BAPATIA, BAPLATIA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA REVENUE DIVISION, BAPATIA DISTRICT. 4. THE TAHSILDAR, CHINAGANJAMMANDAL BAPATIA 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 an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents more particularly the 4th respondent/Tahsildar in interfering
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into the peaceful possession and enjoyment of the petitioners landed property in an extent of Ac.3.00 cents in Sy.No.258/2D and an extent of Ac.1.50 cents in Sy.No.258/2B (total Ac.4.50 cents), bearing D-Form Patta No.Rc.Dis.8/1397 of the 1st petitioner, an extent of Ac.2.20 cents in Sy.No.258/2D and an extent of Ac.1.00 cents in Sy.No.258/2B (total Ac.3.20 cents), bearing D-Form Patta No.Rc.Dis.7/1397 of the 2nd petitioner and an extent of Ac.
3.03 cents in Sy.No.258/2B, bearing D-Form Patta No. Rc.19/1398F of the 3rd petitioner, situated in Motupalli Village, ChinaganjamMandal, Bapatia District, as is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the properties of the petitioners in any event of manner in Sy.No.258/2B, Sy.No.258/2D in an extent of Ac.4.50 cents, an extent of Ac.3.20 cents and Ac.3.03 cents respectively situated in Motupalli Village, ChinaganjamMandal, Bapatia District and pass 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 pleased t o direct the respondents not to interfere into the peaceful possession and enjoyment of the properties of the petitioners in any event of manner in Sy.No.258/2B, Sy.No.258/2D in an extent of Ac.4.50 cents, an extent of Ac.3.20 cents and Ac.3.03 cents respectively situated in Motupalli Village, ChinaganjamMandal, Bapatia District, without following the due procedure established by law, pending disposal of the main writ petition and pass Counsel for the Petitioner(S):
1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:
“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents more particularly the 4th respondent/Tahsildar in interfering into the peaceful possession and enjoyment of the petitioners landed property in an extent of Ac.3.00 cents in Sy.No.258/2D and an extent of Ac.1.50 cents in Sy.No.258/2B (total Ac.4.50 cents), bearing D-Form Patta No.Rc.Dis.8/1397 of the 1st petitioner, an extent of Ac.2.20 cents in Sy.No.258/2D and an extent of Ac.1.00 cents in Sy.No.258/2B (total Ac.3.20 cents), bearing D-Form Patta No.Rc.Dis.7/1397 of the 2nd petitioner and an extent of Ac. 3.03 cents in Sy.No.258/2B, bearing D-Form Patta No. Rc.19/1398F of the 3rd petitioner, situated in Motupalli Village, Chinaganjam Mandal, Bapatla District, as is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and also violative of principles of natural justice and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the properties of the petitioners in any event of manner in Sy.No.258/2B, Sy.No.258/2D in an extent of Ac.4.50 cents, an extent of Ac.3.20 cents and Ac.3.03 cents respectively situated in Motupalli Village, Chinaganjam Mandal, Bapatla District and pass….”
2. Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioners and learned Assistant Government Pleader appearing for respondents.
3. During the course of hearing, learned Assistant Government Pleader for Revenue, on instructions, submitted that the respondents are disputing the issuance of pattas in favour of the petitioners, but as
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far as interference and dispossession is concerned, they would follow due process of law.
4.
Learned counsel for the petitioners submitted that by recording the submissions of the learned Assistant Government Pleader, the Writ Petition may be disposed of.
5. In view of the same, the respondents are directed not to interfere and dispossess the petitioners from the possession of the subject property, without following due process of law.
6. With the above observation, the Writ Petition is disposed of. No costs.
As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed.
___________________ JUSTICE D.RAMESH
04.12.2025 RD
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THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.31022 of OF 2025 04.12.2025 RD