CheerlaVenkateswarlu v. The State of Andhra Pradesh
WP/11617/2020 · 2025-03-05
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43179 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43179 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
•? . V-'* IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH ' TWO THOUSAND AND TWENTY FIVE * =--1 Bfi A .V- PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11617 OF 2020 Between: Cheerla Venkateswarlu, S/o Narasaiah Age 52 year Aged about 52 years, Occ; Agriculture, R/o Audurupalli (Vil), Chejarla Mandal, S.P.S.R.Nellore District ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State The District Collector Nellore, S.P.S.R.Nellore District The Revenue Divisional Officer, Atmakur, S.P.S.R.Nellore District The Tahsildar, Chejarla Mandal Chejarla, S.P.S.R.Nellore District
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4. ...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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Tahsildar, Chejarla Mandal, Chejarla, S.P.S.R.Nellore District in trying to dispossess the Petitioner from the Land in Sy. No.522-1, extent Ac.0.20 cents Sy. No.595, extent Ac.0.25 cents, situated at Audurupalli (Vil), Chejarla Mandal, S.P.S.R.Nellore District without following due procedure under the A.P. Land Encroachment Act is arbitrary, illegal, without Jurisdiction and consequently direct the 4**^ Respondent not to dispossess the Petitioner from the above said Land.
lA NO: 1 OF 2020 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 the Tahsildar, Chejarla Mandal, Chejarla, S.P.S.R.Nellore District dispossess the Petitioner from the Land in Sy. No.522-1, extent Ac.0.20 cents; Sy. No;59$, extent Ac.0.25 cents, situated at Audurupalli (Vil), Chejarla Mandal, S.P.S.R.fsIellore District; Counsel for the Petitioner:SRI. CH C KRISHNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: not to
APHC010181632020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11617/2020 Between: Cheerlavenkateswarlu ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner:
1.CH C KRISHNA REDDY Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
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ORDER: th The petitioner approached this Court, questioning the action of the 4 respondent in trying to dispossess the petitioner from the lands admeasuring to an extent of Ac.0.20 cents in Sy. No.522-1 and Ac.0.25 cents in Sy. No.595 situated in Audurupalli Village, Chejarla Mandal, SPSR Nellore District. It is the case of the petitioner that he is in longstanding possession and
2. enjoyment of the subject lands. He further contends that at the time of occupying the land, the same was covered with herbs and bushes and the same was brought fit for cultivation by spending huge amounts. 3. It is further contended that the petitioner is eking out his livelihood by raising various crops in the subject lands. It is further case of the petitioner that while so, the 4*^ respondent issued notice in R.C.D.T.745/2019, dated 21.12.2019, exercising powers under Section 7 of the Andhra Pradesh Land Encroachment Act, asking the petitioner to remove himself from the subject lands. The said notice was suitably replied by the petitioner by filing reply dated 03.06.2020. Despite filing the reply, the 4^*^ respondent did not take any action in the matter or passed any orders therein. 4. It is further contended that without passing orders on the notice issued under Land Encroachment Act, the 4*^ respondent tried to dispossess the petitioner highhandedly so as to issue house site pattas in favor of third parties. In those circumstances, the present writ petition came to be filed. 3
5. During the course of hearing, the learned Assistant Government Pleader for Revenue placed on record the written instructions dated 05.03.2025, furnished by the 4*^ respondent. On perusal of the said instructions, it is clear that the possession of the petitioner over the subject land is admitted and the 4^^ respondent has categorically stated that the subject land was never proposed for issuance of house site pattas. It is further stated that if at all the subject land is required for any public purpose, the same will be resumed after following the procedure in accordance with law. It is also further stated that pursuant to notice dated 21.12.2019, no order was passed in the matter. The instructions furnished by the 4‘ respondent is placed on record and accordingly the present writ petition is disposed of, directing the respondents not to interfere with the petitioner’s possession over the subject land, without following due process of law.
6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. SDI- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// 'PsECTltm OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State (BY SPECIALMESSENGER)
2. The District Collector Nellore, S.P.S.R.Nellore District The Revenue Divisional Officer, Atmakur, S.P.S.R.Nellore District The Tahsildar, Chejarla Mandal Chejarla, S.P.S.R.Nellore District (Addressee Nos.2 to 4 BY RPAD) One CC to SRI. CH C KRISHNA REDDY Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] Three CD Copies
3. 4. 5. 6. 7. HIGH COURT DATED:06/03/2025
ORDER WP.No.11617 of 2020 DISPOSSING THE WRIT PETITIION WITHOUT COSTS