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2025 DAILYLAW 42805 (AP)

ARI VENKATA RAMANA v. THE STATE OF ANDHRA PRADESH

WP/30743/2025 · 2025-11-25

D Ramesh

body2025

Judgment text

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APHC010594972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30743/2025 Between: 1. ARI VENKATA RAMANA, S/O KRISHNAYYA, AGED ABOUT 60 YEARS, R/O. KORLAKUNTA VILLAGE, OBULAVARIPALLI MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ANNAMAYYA DISTRICT. 3. THE SUPERINTENDENTOF POLICE, ANNAMAYYA DISTRICT. 4. THE SUB COLLECTOR, RAJAMPETA DIVISION, ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, OBULAVARIPALLI MANDAL ANNAMAYYA DISTRICT. 6. THE STATION HOUSE OFFICER, OBULAVARIPALLI POLICE STATION ANNAMAYYA DISTRICT. ...RESPONDENT(S): 2 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, Order or Direction, more particularly a Writ of Mandamus, declaring the interference by respondents 5 and 6 in the petitioner’s peaceful possession and enjoyment of his agricultural land admeasuring Ac.2.00 cents in Sy.No. 972/2B, Korlakunta Village, Obulavaripalli Mandal, Annamayya District, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19, 21, and 300-A of the Constitution of India, consequently direct the respondents not to interfere with the petitioners peaceful possession and cultivation of the subject land except in accordance with law 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 to direct the respondents not to interfere or disturb the petitioner’s peaceful possession and enjoyment of his land admeasuring Ac. 2.00 cents in Sy. No. 972/2B, Korlakunta, pending disposal of the writ petition, and pass IA NO: 2 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 to implead the Proposed Respondent No.7 herein as Respondent No.7 in W.P.No.30743 of 2025, in the interest of justice and pass Counsel for the Petitioner: 1. V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 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 interference by respondents 5 and 6 in the petitioner’s peaceful possession and enjoyment of his agricultural land admeasuring Ac.2.00 cents in Sy.No. 972/2B, Korlakunta Village, Obulavaripalli Mandal, Annamayya District, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19, 21, and 300-A of the Constitution of India, consequently direct the respondents not to interfere with the petitioners peaceful possession and cultivation of the subject land except in accordance with law and pass….” 2. Heard Mr. Paleti V.R.Maheswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submitted that as per the directions of this court, the petitioner has impleaded the effected party as respondent no.7 and served notice. But none appeared. 4. Learned Assistant Government Pleader for Revenue, on written instructions furnished by respondent no.5, has submitted that, basing on the complaint received from third parties, the petitioner filed a complaint stating that basing on the influence of respondent no.7, respondent nos.5 and 6 are interfering with the possession of his property. In fact there is an injunction granted in favour of the petitioner by the competent 4 civil Court. Basing on the same, the respondents have stated that while verifying the complaint, they have only conducted field survey/inspection and it is found that there is discrepancy between the boundaries shown in the document filed by the petitioner and the actual boundaries on the ground in survey no.972/2 and also found that other persons are in possession. Further submitted that the authorities are not interfering with the possession of the petitioner over the subject property. 5. Learned counsel for the petitioner submitted that by recording the said submission, the Writ Petition may be disposed of. 6. Considering the said submissions, as there is already interim direction granted by the competent civil Court i.e. Civil Judge (Junior Division) Railway Kodur in I.A.No.573/2025 in O.S.No.169/2025, there shall be a direction to the respondents not to interfere with the possession of the petitioner over the schedule property, without following due process of law. 7. 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 26.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.30743 OF 2025 26.11.2025 RD