ADAPA GOPALA RAO v. The Government of Andhra Pradesh,
WP/10675/2020 · 2025-04-07
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43040 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43040 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
% 4 [ 3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10675 OF 2020 Between: Adapa Gopala Rao, S/o. Late Ramana Rao, Aged about 50 years Occupation: Agriculture Labour, R/o. 1-103, Main veedhi Chowdavaram, Srikakulam District. ...PETITIONER AND
1. The Government of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector (Revenue), Srikakulam. 3. The Revenue Divisional Officer, Palakonda, Srikakulam District. 4. The Tahsildar, Seethampeta Mandal, Srikakulam 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents is trying to dispossess the petitioner land an extent of Ac. 3.88 cents in survey No. 45/2 in patta No. 277 situated at Puliputti village, Seethampeta Mandal, Srikakaulam district, without notice and without acquiring the land and without following due process of law and proposing to issue house site pattas under the scheme of Navaratnalu as illegal, arbitrary, contrary to law and violation of Article 14 and 21 of Constitution of India and consequently direct the respondents not to dispossess/interfere with the possession and enjoyment of the land an extent of Ac. 3.88 cents in survey No. 45/2 in patta No. 277 situated at Puliputti village, Seethampeta Mandal, Srikakaulam district lA NO: 1 OF 2020 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess/interfere with the possession and enjoyment of the land an extent of Ac. 3.88 cents in survey No. 45/2 in patta No. 277 situated at Puliputti village, Seethampeta Mandal, Srikakaulam district. Counsel for the Petltioner(s):SRI.
ARAVALA RAMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following:
A 1 APHC010169282020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0SB [3505] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10675/2020 Between; ...PETITIONER Adapa Gopala Rao AND ...RESPONDENT(S) The Government Of Andhra Pradesh and Others Counsel for the Petitioner:
1. ARAVALA RAMA RAO Counsel for the Respondent(S);
1.GP FOR REVENUE
2 The Court made the following order: The petitioner claims that his grandmother Smt. Adapa Pentamma was assigned land admeasuring an extent of Ac.3.88 cents in Sy.No.45/2 of Puliputti Village, Seethampeta Mandal, Srikakulam District. Since the date of grant of assignment in his grandmother’s favour, she was in peaceful possession and enjoyment of the subject land. After enquiry, the 4^'^ respondent issued pattadar passbooks and title deeds in favour of the original assignee by duly mutating her name in the revenue records. It is further case of the petitioner that her grandmother obtained financial assistance from Primary Agricultural Cooperative Society, Kottur, for doing agricultural operations on the land assigned to her. After the death of his grandmother, the petitioner came into possession of the land in dispute as her legal heir, and he is in uninterrupted possession and enjoyment of the same. In recognition of his possession, the 4''^ respondent also issued pattadar passbooks in his favour. While so, the 4*'^ respondent, without issuing notice and without following due process of law, started interfering with the petitioner’s possession on the premise that the subject land is required for distribution of house sites 4 .' A
3 pattas in favour of eligible beneficiaries Pedalandariki lllu Scheme. Questioning the respondent, the present writ petition is filed. under Navaratnalu said action of the 4'^
2. While ordering notice, 02.07.2220, passed interim order directed the this Court by
order dated respondents not to dispossess the petitioner without following due process of law. 3, When the matter is taken up for hearing, learned Assistant Government Pleader for Revenue placed the written instructions dated 15.03.2025, furnished by the 4' respondent.
4. A perusal of the said instructions, it is stated that the 4*^^ respondent issued notice to the petitioner explanation as to why the subject land shall not to be Though it is stated that a notice was issued to the petitioner date is mentioned and the instructions also do calling for resumed. , no not disclose as to the action taken subsequent to the issuance of the alleged notice.
5. Taking into consideration of the submissions made by both the counsel, this Court feels that it is appropriate to dispose of the writ petition by directing the respondents not to dispossess the petitioner except in accordance with law.
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6. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any shall stand closed.
Sd/-SHAIK MOHD RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, Government of Andhra Pradesh Messenger] A.P. Secretariat, Velagapudi, Amaravathi.[By Special
2. The District Collector (Revenue), Srikakulam.
3. The Revenue Divisional Officer, Palakonda, Srikakulam District.
4. The Tahsildar, Seethampeta Mandal, Srikakulam District. [2 TO 4 BY RPAD]
5. One CC to SRI. ARAVALA RAMA RAO Advocate [OPUC]
6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]
7. Three CD Copies
HIGH COURT DATE0:08/04/2025
ORDER g ? 6 SFP /O® to •9 '■C}\ SjSespKxa/^^ WP.No.10675 of 2020 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS