Thalluri Chenchaiah v. The State of Andhra Pradesh
WP/12906/2020 · 2025-04-07
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43599 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43599 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ \ 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 SRUUSTICE T.C.D.SEKHAR WRIT PETITION NO: 12906 OF 2020 Between:
1. Thalluri Chenchaiah, S/o Ramanaiah Aged about 60 years, Occ l^griculture, R/o RamavarappaduVillage, Jaladanki Mandal Nellore District, Andhra Pradesh. 2. butta Venkateswarlu, S/o Balaramaiah SPSR Aged about 62 years, Occ Agriculture, R/o Ramavarappadu Village, Jaladanki Mandal, SPSR Nellore District, Andhra Pradesh
3. jaladanki Narasimha Rao, S/oMalakondaiah Aged about 35 years, Occ Agriculture, R/o Ramavarappadu Village, Jaladanki Mandal, SPSR filellore District, Andhra Pradesh ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Sub-Collector, Kavali, SPSR Nellore District. 4. The Tahsildar, Jaladanki Mandal, SPSR Nellore 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, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the one respondents in trying to dispossess the petitioners from their respective house site plots bearing Nos;#, 20, and 6 in Sy.No.776/2 of
V -s> Ramavaraoppadu Village, Jaladanki Mandal, SPSR Nellore, and trying to allotting the house plots of the petitioners to others under Navarathnalu Scheme, without following due process of law as illegal, arbitrary and in violation of Art 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective house site Plots bearing 18, 20, and 6 in Sy.No.776/2 of Ramavaraoppadu Village, Jaladanki Mandal, SPSR Nellore, to others, except in accordance with law. 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 grant stay of dispossession of the petitioners from their respective house site plots bearing Nos. 18, 20, and 6 in Sy.No.776/2 of Ramavaraoppadu Village, Jaladanki Mandal, SPSR Nellore. Counsel for the Petitioner : SRI.
V R MACHAVARAM Counsel for the Respondents: GP FOR REVENUE The Court made the following:
r APHC010198932020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.12906/2020 Between: Thalluri Chenchaiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. V R MACHAVARAM Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
r
ORDER:- It is the case of the petitioners that the 4th respondent granted house site pattas in respect of land to an
1. extent of Ac.0.04 34 cents in Sy.No.776/2 of Ramavarapadu Village, Jaladanki Mandal, SPSR Nellore District during the year 1992 in favour of petitioner Nos.1 & 2 and in favour of grandfather of 3rd petitioner vide plot Nos. 18, 20 and 6. It is further case of petitioners that they are in peaceful possession and enjoyment of the same by raising thatched houses in respect of plots allotted to them.
2. It is further case of the petitioners that the 4th respondent tried to interfere with their possession on the ground that the subject plots are identified for the purpose of distribution of house site pattas in favour of eligible beneficiaries under Navarathanlu Pedalandariki lllu Scheme, without issuing notice or without following due process of law. Questioning the said action of the 4th respondent, the present writ petition is filed.
3. On the other hand, the 4th respondent filed counter affidavit admitting that the petitioners were granted pattas in respect of subject plots during the year 1992. It is further stated that though the house site pattas were granted in favour of the
petitioners, they did not construct houses in the subject plots and thereby they have violated condition No.2 of the pattas in their favour. It is further averred that the subject plots were
4. identified for the purpose of distribution of house site pattas inasmuch as they were kept vacant. It is further stated that since the petitioners violated the conditions of the house site patta when the 4th respondent proposed to take action against the petitioners, the present writ petition came to be filed on the apprehension that they would be dispossessed, it is further stated in the counter affidavit that the respondents are not interfering with the possession of petitioners over the lands in dispute.
5. It is not in dispute that the petitioners were allotted house site pattas during the year 1992. Though it is stated that the petitioners violated the condition No.2 of the patta, the 4th respondent did not issue any notice as on the date of filing of the present writ petition. Further, this Court by
order dated 31.07.2020,
directed the respondents to maintain status-quo existing as on that date in respect of the plots in dispute. The said interim order is subsisting till today.
r In view of the same, the present writ petition is
disposed of directing the respondents not to dispossess the petitioners from the subject plots except in accordance with law.
6. With the above direction, the writ petition is disposed
7. of. No order as to costs. As a sequel, pending applications, if any, shall stand closed.
Sd/-U. SRIDEVI assistant registrar //TRUE COPY// SECTION OFFICER To Revenue Department, State of Andhra
1. The Principal Secretary Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, SPSR Nellore District, Nellore.
3. The Sub-Collector, Kavali, SPSR Nellore District.
4. The Tahsildar, Jaladanki Mandal, SPSR Nellore District.(1 to 4 by RPAD)
5. OneCCto SRI. V R MACHAVARAM Advocate [OPUC] FOR REVENUE ,High Court Of Andhra Pradesh.
6. Two CCs to GP [OUT]
7. Three CD Copies KSR
HIGH COURT DATED:08/04/2025
ORDER te 2 r SEP 2025 i ^ . Current Section ^ WP.No.12906 of 2020 DISPOSING THE WRIT PETITION WITHOUT COSTS