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2025 DAILYLAW 4165 (AP)

GURRAM KANTHAMMA v. THE STATE OF ANDHRA PRADESH

WP/1749/2025 · 2025-01-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1749 OF 2025 Between: Gurram Kanthamma, W/o Late Venkateswarlu, Aged about 49 years, R/o Kommalapudi Village, Manubolu Mandal, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat, Velgapudi, Guntur District. 2. The District Collector, Nellore, Nellore District. 3. The Revenue Divisional Officer, Nellore, Nellore District. 4. The Tahsildar, Manubolu Mandal, Manubolu, SPSR Nellore District. 5. Kondreddy Uma Maheswara Reddy, S/o Mohan Reddy, Aged about 42 years, R/o Kommalapudi Village, Manubolu Mandal, SPSR Nellore District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of respondents 3 and 4 in interfering and trying to dispossess the petitioner from the agricultural land to an extent of Ac. 1.726 cents in Sy. No. 50 and Ac.0.13 cents in Sy. No.49-6, and another extent of 2.70 cents In Sy. No's 50 and 51-3 with a total extent of Ac.4.56 cents situated at Kommalapudi Village, Manubolu — *» Mandal, SPSR Nellore District, pending appeal vide Rc. No. 1280/J/2024 before the 3rd respondent at the behest of the 5th respondent as illegal, arbitrary, and a violation of provisions under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and violation of Articles 14, 21, and 300- A of the Constitution of India and consequently, direct respondents No.3 and 4 not to interfere and dispossess the petitioner from the agricultural land to an extent of Ac. 1.726 cents in Sy. No. 50 and Ac.0.13 cents in Sy. No.49-6, and another extent of 2.70 cents In Sy. No's 50 and 51-3 with a total extent of Ac.4.56 cents situated at Kommalapudi Village, Manubolu Mandal, SPSR Nellore District. 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 respondents no. 3 and 4 not to interfere and dispossess the petitioner from the agricultural land to an extent of Ac. 1.726 cents in Sy. No. 50 and Ac.0.13 cents in Sy. No.49-6, and another extent of 2.70 cents In Sy. No's 50 and 51-3 with a total extent of Ac.4.56 cents situated at Kommalapudi Village, Manubolu Mandal, SPSR Nellore District. Counsel for the Petitioner: Ms. T RADHA RANI, REPRESENTING SRI HARINATH REDDY SOMA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: -— The Court made the following: ORDER 1 [3328] APHC010028952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1749/2025 Between: AGED MANUBOLU 1.GURRAM KANTHAMMA, W/0 LATE VENKATESWARLU ABOUT 49 YEARS, R/0 KOMMALAPUDI VILLAGE MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NELLORE, NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, NELLORE DISTRICT. 4.THE TAHSILDAR, MANUBOLU MANDAL, MANUBOLU, SPSR NELLORE DISTRICT. 5.KONDREDDY UMA MAHESWARA REDDY, S/0 MOHAN REDDY R/0 KOMMALAPUDI VILLAGE AGED ABOUT 42 YEARS, MANUBOLU MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.HARINATH REDDY SOMA 2 Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Ms. T. Radha Rani, learned Counsel appearing on behalf of Sri Harinath Reddy Soma, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 4. Learned Counsel for the Writ Petitioner submits that the Respondent No.4 herein had passed the Order of Resumption on 30.09.2024 and that the present Writ Petitioner has filed an Appeal bearing Rc.1280/J/2024 before the RDO, Nellore (Respondent No.3) and the same is pending. Learned Counsel for the Writ Petitioner would also submit that the Writ Petitioner has filed an Interlocutory Application in the said Appeal before the Respondent No.3 and without considering the same, the Official Respondents are presently interfering with the peaceful possession of the Writ Petitioner at the behest of the Unofficial Respondent No.5. 2. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Manubolu Mandal dated 23.01.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. 3. In para 14 at SI.No.9 of the Written Instructions, it is stated that the possession of the land has been taken over by the Government by duly conducting Panchanama. 4. Having regard to the above facts involved in the present Writ Petition as well as the contents of the Written Instruction, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Revenue Divisional Offi9er, Nellore (Respondent No.3) to 5. 3 ■i consider the Interlocutory Application filed in the Appeal bearing RC.1280/J/2024 and pass a Speaking Order in accordance with law within a period of 6 weeks from today and communicate a copy of such Order to all the interested parties. 6. Needless to state that the Respondent No.3 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner and the Unofficial Respondent No.5 herein, consider their submissions/objections and documents, if any, before issuing the final order. 7. Writ Petitioner is directed to submit a copy of this Order to Respondent No.3 within one week from today, for effective compliance. Having regard to the facts of the case, there shall be a direction to all the parties to maintain status-quo obtaining as on today until the disposal of the Interlocutory Application filed by the Writ Petitioner. 8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 9. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/-SHA1K MOHD RAFl assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Revenue Department, Secretariat, Velgapudi Guntur District. 2. The District Collector, Nellore, Nellore District. 3. The Revenue Divisional Officer, Nellore, Nellore District. 4. The Tahsildar, Manubolu Mandal, Manubolu, SPSR Nellore District. 5. One CC to Sri Harinath Reddy Soma Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF ^' HIGH COURT DATED:27/01/2025 ORDER WP.No.1749 of 2025 ,|g 06 FEB 2125 . Current Section <£ffSPATCV^^2i^^ DISPOSING OF THE W.P., WITHOUT COSTS