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2025 DAILYLAW 42884 (AP)

GAYAM KOTAMMA v. THE STATE OF ANDHRA PRADESH

WP/25657/2025 · 2025-11-26

D Ramesh

body2025

Judgment text

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DR,J WP.No.25657 of 2025 APHC010486752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25657 OF 2025 Between: 1. GAYAM KOTAMMA, W/o. Venkat Reddy, Aged about 77 years, Occ Housewife, R/o. D.No.1-202g, Chennakesava Nagar Colony, Markapur, Prakasam District. 2) 2. Gayam Srinivas Reddy,, S/o. Venkat Reddy, Aged about 45 years, Occ Private, R/o. D.No.1-202g, Chennakesava Nagar Colony, Markapur, Prakasam District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, f Rep. by Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2) 2. The District Collector, Prakasam District, Markapur. 3) 3. The Revenue Divisional Officer, Markapur Revenue Division, Markapur, Prakasam District. 4) 4. The Tahsildar, Markapur Mandal, Markapur, Prakasam District. 5) 5. Kandula Venkata Narayana Reddy, S/o. Pedda Rami Reddy, Aged about 68 years, Occ Real-estate R/o. D.No. 1-202 G2, Chennakesava Nagar Colony, Markapur Town Mandal, Prakasam District. DR,J WP.No.25657 of 2025 ...Respondents 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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in issuing notices vide RCA/716/2025 dated 22/08/2025 and 03/09/2025 and trying to demolish the compound wall and shed situated in land admeasuring 873.33 sq. yards, equivalent to 730.78 sq. meters, situated at Sy. No.444/1 and Sy. No.446, Workers Colony, Markapur Municipality, Markapur Revenue Division, Prakasam District, as illegal, arbitrary, violation of Principles of Natural Justice, without jurisdictgion, violation of Articles-14, 21 and 300A of the Constitution of India, and set-aside the same, and consequently direct the Respondents not to interfere into the subject land of the Petitioner, and pass Counsel for the Petitioners: P S P SURESH KUMAR Counsel for the Respondents: GP FOR REVENUE DR,J WP.No.25657 of 2025 The Court made the following ORDER: This writ petition is filed assailing the notice dated 22.08.2025 issued by the 4th respondent. 2. Considering the submissions, this Court has passed the following interim order on 23.09.2025 “As seen from the impugned proceedings dated 22.08.2025 and 03.09.2025, there is dispute between the petitioner and the 5th respondent, which is purely a civil dispute and it has to be decided by the competent civil Court. In view of the same, there shall be interim direction as prayed for, for a period of six weeks. …. …..” 3. Even on perusal of the notice and also the instructions placed by the learned Government Pleader from the 4th respondent clearly discloses that there is dispute between the petitioners and 5th respondent and the land is not a Government land and it is a private land. 4. In the said circumstances, the respondents have no authority to adjudicate the private properties. Accordingly, impugned notice dated 22.08.2025 issued by the 4th respondent is set aside and if the petitioners or the 5th respondent has any grievance with regard to possession, they may approach the competent civil court. 5. Accordingly, the writ petition is disposed of. As a sequel, all pending applications, if any, shall stand closed. ________________ JUSTICE D RAMESH Date: 27.11.2025 Dvs DR,J WP.No.25657 of 2025 154 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 25657 OF 2025 Date: 27.11.2025 Dvs