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2025 DAILYLAW 4346 (AP)

M JAYAPRADHA v. THE STATE OF ANDHRA PRADESH

WP/1840/2025 · 2025-01-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1840 OF 2025 Between: M Jayapradha, w/o Ramesh Aged about 42 Occ-Housewife Mummadarlapalli Village Gonumakkulapalle Post V Kota Mandal Chittoor District Sasikala, w/o Subramanyam Aged about 44 Occ Housewife R/o 211/10 High School Street V Kota Post and Mandal V Lavanya, D/o Yella Reddy, Aged about 42 Occ- Reporter of Eenadu R/at.H No 12 Chowdepalli Road V Kota Post and Mandal Chittoor District B R Srinivasulu, s/o B C Ramakrishnappa Aged about 50 Occ- Reporter of Andhra Prabha R/at. Sapthagiri Medicals KGF Road V Kota Post and Mandal Chittoor District 1. 2. 3. 4. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor District, 3. The Revenue Divisional Officer, Palamaner, Chittoor District 4. The Tahsildar, V.Kota Mandal, Chittoor District. } 5. The District Minority Welfare Officer, Chittoor, Chittoor District. ...RESPONDENTS /r 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents No.2, 4 and 5 in trying to interfering into petitioners peaceful possession and enjoyment of the land in extent of an Ac. 0.02 Cents each in Plot No. 1, 4, 5 and 6 in total an extant of 0.08 cents in Sy.No. 36/3 of Hanumepally Village, V.Kota Mandal, Chittoor District, under the pretext that the same is require for construction of Eid-Ghar by allotting the same to the respondent No.5 without acquire the same as arbitrary, illegal colorable exercise of power and well established legal principals, apart from being violative of the fundamental and Constitutional rights guaranteed to petitioners under Articles 14, 19 and 300-A ^of the Constitution of India and consequently direct the respondents No.2, 4 and 5 not to interfere into our peaceful possession and enjoyment of the land in extent of an Ac. 0.02 Cents each in Plot No. 1,4,5 and 6 in total an extant of 0.08 cents in Sy.No. 36/3 of Hanumepally Village, V.Kota Mandal, Chittoor District. lA NO: 1 OF 2025 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 No.4 and 5 not to interfere into the land in an extant of Ac. 0.02 Cents each in Plot No. 1,4, 5 and 6 in total an extant of 0.08 cents in Sy.No. 36/3 of Hanumepally Village, V.Kota Mandal, Chittoor District, under the pretext that the same is require for construction of Eid-Ghar by allotting the same to the respondent No.5 without acquiring the same, pending disposal of the above Writ Petition. 0 Counsel for the Petitioners: SRI B ABHAY SIDDHANTH MOOTA REPRESENTING SRI B V DURGA PRASAD / Counsel for the Respondent Nos. 1 to 4: GP FOR ASSIGNMENT Counsel for the Respondent No.5: GP FOR SOCIAL WELFARE The Court made the following: ORDER APHC010030932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1840/2025 Between: 1.M.JAYAPRADHA, W/0 RAMESH HOUSEWIFE AGED ABOUT 42 OCC: MUMMADARLAPALLI VILLAGE, GONUMAKKULA PALLE POST , V KOTA MANDAL, CHITTOOR DISTRICT 2.SASIKALA, W/0 SUBRAMANYAM HOUSEWIFE R/0 211/10 HIGH SCHOOL STREET V KOTA POST AND MANDAL AGED ABOUT 44 OCC 3. D/0 YELLA REDDY, V LAVANYA AGED ABOUT 42 OCC- REPORTER OF EENADU R/AT.H NO 12 CHOWDEPALLI ROAD V KOTA POST AND MANDAL CHITTOOR DISTRICT 4.B R SRINIVASULU, S/0 B C RAMAKRISHNAPPA AGED ABOUT 50 OCC: REPORTER OF ANDHRA PRABHA R/AT. SAPTHAGIRI MEDICALS KGF ROAD V KOTA POST AND MANDAL CHITTOOR DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARIAT SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR 2 DISTRICT. 4.THE TAHSILDAR, V KOTA MANDAL, CHITTOOR DISTRICT. 5.THE DISTRICT MINORITY WELFARE OFFICER, CHITTOOR, CHITTOOR DISTRICT. ...RESPONDENT(S): COUNSEL FOR THE PETITIONER(S): 1.B.V.DURGA PRASAD COUNSEL FOR THE RESPONDENT(S); 1.GP FOR ASSIGNMENT 2.GP FOR SOCIAL WELFARE The Court made the following: ORAL ORDER: Heard Sri B. Abhay Siddhanth Moota, learned Counsel representing on behalf of Sri B.V. Durga Prasad, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. The present Writ Petition has been filed declaring the action of Respondent Nos.2, 4 & 5 in trying to interfere with the peaceful possession and enjoyment of the land belonging to the Writ Petitioners. It is the case of the Writ Petitioners that each one of them has been allotted two cents of land for the purpose of building a house in Plot Nos.1, 4, 5 & 6 in Sy.Nos.36/3 in Hanumepally Village, V. Kota Mandal, Chittoor District. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of V. Kota Mandal dated 24.01.2025.lt is the case of the Respondents that the Writ Petitioners have encroached into Government land over and above what has been allotted to them. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the 2. 3. ’ 4. 1 / 3 merit, directing the Official Respondents to follow the due process of law, if any coercive action is sought to be initiated against the Writ Petitioners. The Official Respondents are at liberty to have the land surveyed and demarcate the two cents of land of each of the Petitioners by metes and bounds. If any encroachments are there in the excess of land, the Official Respondents are at liberty to initiate appropriate steps including demolition by following the due process of law. Writ Petitioners are directed to submit a copy of this Order along with a photocopy of the Appeal to Respondent No.4 within one week from today, for effective compliance. 5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. 7. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR I //TRUE COPY// SECTfbN OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District, A.P. 2. The District Collector, Chittoor District, 3. The Revenue Divisional Officer, Palamaner, Chittoor District 4. The Tahsildar, V.Kota Mandal, Chittoor District. 5. The District Minority Welfare Officer, Chittoor, Chittoor District. 6. One CC to Sri B.V.Durga Prasad Advocate [OPUC] 7. Two CCs to GP for Assignment, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:28/01/2025 ORDER o 'i" 12 FEB 2025 iJ WP.No.1840 of 2025 & cum"' DISPOSING OF THE W.P., WITHOUT COSTS