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2025 DAILYLAW 43390 (AP)

Patcha Ratnakar Telaga, v. The State of Andhra Pradesh,

WP/6524/2020 · 2025-04-08

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H 5 * H y IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6524 OF 2020 Between: Patcha Ratnakar Telaga, S/o. Hanumantha Rao, Hindu, aged 51 R/o. 5-138B, years, Parimpudi Village, Near College Ground Road Koyyalagudem Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Eluru, West Godavari District. 3. The Tahsildar, Jangareddigudem Mandal, West Godavari District. 4. The Revenue Divisional Officer, Jangareddigudem, West Godavari 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 in the nature of WRIT OF MANDAMUS - declaring the action of the one respondents in trying to disposes the petitioner from the petitioner's property by 3^^^ respondent under guise of an impugned oral proceedings of the 2 nd and 4th respondents in R.S. No.620/A an extent of acres 1-00 cents in Jangareddigudem Village and Mandal, West Godavari District under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of Government Lands', as illegal, improper, unjust, arbitrary, violative of Article 300-A and 21 of the Constitution of India. lA NO: 1 OF 2020 that in the Petition under Section 151 CPC is filed praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to 3^^ Respondent not to disposes the petitioner from their property, without due course of law in R.S. Nos. 620/A extent of acres 1-00 cents in Jangareddigudem- Village and Mandal, West Godavari District under Land Acquisition Act. Counsel for the Petitioner : SRI. GANDHAM SR PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: an APHC010107312020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY. THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6524/2020 Between: Patcha Ratnakar Telaga ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.GANDHAM SR PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following order: The petitioner claims that he was allotted land 1. admeasuring an extent of Ac.1.00 cents in R.S.No.620/A by Andhra Pradesh Bhoodan Yagna Board in Jangareddigudem Village and Mandal, West Godavari District, by virtue of proceedings No.BYB/B/316/2013, dated 21.10.2013. It is further case of the petitioner that since the date of allotment, he is in peaceful possession and enjoyment of the subject land by doing agriculture activity. It is further case of the petitioner that the factum of allotment of the subject land in favour of the petitioner was also informed to respondent Nos.3 and 4 as 2. required under Rule 11(1) of Bhoodan Yagna Act, 1965 by virtue of proceedings dated 28.09.2016. It is further case of the petitioner that the respondent Nos.2 to 3 identified the subject land for distribution of house site pattas in favour of eligible beneficiaries under Navaratnalu-Pedalandariki lllu Scheme. In pursuance thereof, the respondent Nos.2 to 4 tried to interfere with the possession of the petitioner without issuing any notice and orally directed the petitioner to vacate from the lands in dispute. Questioning the said action, the present writ petition is filed. I* 3. While ordering notice, this directed the respondents to land in question and further directed house site pattas under Navaratnalu subsisting till date. Court on 17.03.2020 maintain status quo in respect of the the respondents not to allot Scheme. The said order is 4. The learned Assistant Government Revenue placed instructions dated 3'"'^ respondent. Pleader for 19.03.2025 furnished by the 5. On perusal of the said instructions, it is stated that the alleged proceedings dated 21.10.2013 issued by the Bhoodan Yagna Board is a fraudulent document and the same is created with an intention to grab the valuable Government land. The instructions further read that the burial ground and tank i in the instructions that the petitioner the land in dispute. subject land is classified in the revenue records. It is further averred was never in possession of as 6. The instructions dated 19.03.2025 furnished 3'^'^ respondent are placed by the on record. >& 7. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. Perused the material available on record. Though the 3 respondent disputed with regard to the allotment made in favour of the petitioner of Bhoodan Yagna Board, admittedly no notice was issued to the petitioner before 8. initiating any action in the matter. Further, this Court, on 17.03.2020, directed the respondents to maintain status quo and further directed the respondents not to grant house site pattas over the land in dispute. The said interim order is subsisting till date. 9. In view of the above, the present Writ Petition is disposed of directing the respondents not to dispossess the petitioner from the subject land except in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any. shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// OTION COFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Eluru, West Godavari District. The Tahsildar, Jangareddigudem Mandal, West Godavari District. The Revenue Divisional Officer, Jangareddigudem, West Godavari District.(1 to 4 by RPAD) One CC to SRI. GANDHAM SR PRASAD Advocate [OPUC] Two CCS to GP FOR REVENUE , High Court Of Andhra Pradesh. [OUT] Three CD Copies 3. 4. - 5. 6. 7. ksr HIGH COURT DATED:09/04/2025 ORDER a “ ^ OCT 2025 K irentSectio Co WP.No.6524 of 2020 DISPOSING THE WRIT PETITION WITHOUT COSTS