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2025 DAILYLAW 43456 (AP)

Sambattula Venkata Rao, v. The State of Andhra Pradesh,

WP/7053/2020 · 2025-04-08

T C D Sekhar

body2025

Judgment text

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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: 7053 OF 2020 Between: ■ Sambattula Venkata Rao, s/o. Pentaiah, Aged 60 yeai's, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Lingam Ratnam, s/o.Chittaiah, Aged 60 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District 2) P.Pmja Babu, s/o. Nagaraju, Aged 5 0 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Manakoti Subba Rao, s/o. Ramaswaniy, Aged 62 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Gudalci Lalamma, w/o. Abbulu, Aged 5 7 years, r/o. Nayakampally Village, Gandepally Mcindal, East Godavari District 6Y^ Tadepalli Dhandu Sattiraju, s/o. Gangaiah, Aged 45 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Gandham China Maridayya, s/o. Pallaiah, Aged 69 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Ijjina Kataiah, s/o. Nookaiah, Aged 54 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District 8) zf %:pr Vanasi Prasada Rao, s/o. Chittiah, Aged 54 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District Pentapati Veerraju, s/o. Sriramulu, Aged 40 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District /NT) Anisetti Annavaram, s/o. Venkanna, Aged 53 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District Makarapu Satyanarayana, s/o. Nagabhushanam Aged 54 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District ^JG^Gandham Yesu, s/o. Munaiah, Aged 49 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District Sambathula Janikayy Aged 49 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District PP" Ijjina Pentaiah, s/o. I.Egulayya, Aged 45 years, r/o. ^^yakampally Village, Gandepally Mandal East Godavari District ^>^^0 Veerella Suryakantham, Aged 60 years, ^o. Nayakampally Village, Gandepally East Godavari District 17MANelli Gollabbai, s/o. Appanna, / Aged 55 years, r/o. Nayakampally Village, Gandepally Mandal East Godavari District JP) Dangeti Yesubabu, s/o. Narsanna, Aged 50 years, r/o. Nayakampally Village, Gandepally Mandal, Izast Godavari District a, s/o. Suraiah, w/o. Nookaraju, Mandal, Smt. Peketi Lakshmi Kantham, w/o. Subba Rao, Aged 35 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Kanuri Veerraju, s/o. Narsanna, Aged 30 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Kattimsetty Suryanarayana, w/o. Lovaraju, Aged 50 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District /4A Pentapati Satyanarayana, s/o. Sriramulu, Aged 40 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Polipalli BCrishna, s/o. Pydaiah, Aged 40 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District 2^^""Bodaswamy, s/o. Chandraiah, Aged 40 years, r/o. Nayakampally Village, Gandepally Mandal, East Godavari District Petitioners AND 1) The State of Andhra Pradesh, Rep. its Principal Secretary (Revenue), A.P. Secretariat, Velagapudi, Guntur District The District Collector, East Godavari District, at Kakinada 2) 3) The Revenue Divisional Officer, Peddapuram, East Godavari district The Tahsildar, Gandepally Mandal, East Godavari District 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 or order more particularly one in the nature of writ of mandamus declaring the action of the respondents in contemplating to dispossess the petitioners herein by without issuing any notice highhandedly and without following due process of law, as illegal, arbitrary, unjust and violation of Articles 14, 21, 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioners herein from the land viz. plot Nos. 72, 148, 128, 150, 76, 85, 21, 125, 151, 156, 39, 48, 22, 80, 108, 73, 111, 145, 138, 38, 28, 155, 153 and 83, all situated in Lay out No.77/1, 82/2A, 2B, situated at Nayakarampally Village, Gaiiciepalli Mandal, East Godavari District, in the ifrtefesLof justice. ; • ■' 5 lA NO: 1 OF 2020 Petition under Section 1'5T'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 respondeni not to dispossess the petitioners herein from the subject lands viz. plot Nos. 72, 148, 128, 150, 76, 85, 21, 125, 151, 156, 39, 48, 22, 80, 108, 73, 111, 145, 138, 38, 28, 155, 153 and 83, all situated in Lay out No.77/1, 82/2A, 2B, situated at Nayakarampally Village, Gandepalli Manda, East Godavari District. Counsel for the Petitioner: SMT PULIPATI RADHIKA Counsel for the Respondents: GP FOR REVENUE The Court made the following order 1 A APHC010112062020 IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 7053/2020 SMS m [3505] Between: ...PETITIONER Sambattula Venkata Rao, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PULIPATI RADHIKA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) ,1^ The Court made the following order: The petitioners claim that they were allotted house 1. site pattas admeasuring an extent of Ac.0.02 cents each in layout Nayakampally Village, Gandepalli Mandal, East Godavari District by the 4'" respondent Nos.77/1, 82/2A & 2B of in the year case of the petitioners that the subject lands 1999. It is further were identified for the purpose of distribution of house site pattas to the eligible beneficiaries under Navaratnalu-Pedalandariki lllu Scheme. In furtherance there to, the respondents tried to interfere petitioners, without any notice and Questioning the said action, by filing the present writ with the possession of the without following due process of law. the petitioners approached this Court petition. 2. This Court while ordering passed interim order directing the respondents notice, on 19.03.2020 not to dispossess the petitioners from the lands in dispute. The said order is subsisting till today. I 3. When the matter is taken up for hearing, the learned Assistant Government I Pleader for Revenue placed instructions dated 20.02,2025 furnished by the 4-" respondent. the ^ - On perusal of the said instructions, it is categorically stated that the subject lands of the petitioners were never 4. proposed for allotment of house site pattas. The instructions further read that the petitioners have filed the present writ petition on the apprehension that they will be dispossessed. 5. The instructions dated 20.02.2025 are placed on record. th 6. In view of the categorical assertion made by the 4 respondent, the present writ petition is disposed of directing the respondents not to dispossess the petitioners except in accordance with law. 7. Accordingly, the Writ Petition is disposed of. There shall be naqrdpj^a^to costs. As a sequel, miscellaneous applications pending, if any. shall stand closed. Sd/- K J RAJA BABU ASSISTANT^glSTRAR //TRUE COPY// SECTION OFFICER \ To, 1. The Principal Secretary (Revenue), State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, East Godavari District, at Kakinada. 3. The Revenue Divisional Officer, Peddapuram, East Godavari District. 4. The Tahsildar, Gandepally Mandal, East Godavari District. 5. One CC to Smt Pulipati Radhika, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies RAM (gsg) HIGH COURT DATED:09/04/2025 \ ORDER and«^ WP.No.7053 of 2020 I 2 6 SFP 2n?5 ^ ^ Current Section ^ .6f>, ^JJ DISPOSING OF THE WP WITHOUT COSTS