BANDARU SATYA VEERA CHANDER RAO v. THE STATE OF ANDHRA PRADESH
WP/10686/2025 · 2025-04-24
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44251 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44251 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I [3458 ] IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10686 OF 2025 Between: Bandaru Satya Veera Chander Rao, S/o Satyam aged about 65 years occ agriculture coolie R/o 2-41, Vanapalle village, Kothapeta Mandal, Dr BR Ambedkar Konaseema dist ...Petitioner AND The State of Andhra Pradesh, rep by its Principal secretary. Revenue department. Secretariat buildings, Velagapudi, Amaravati The Dist Collector, DR BR Ambedkar Konaseema dist Amalapuram, The Tahsildhar, Kothapeta Mandal, Dr BR Ambedkar Konaseema dist The Pallalamma Ammavari Temple, rep by its executive Officer, Vanapalli Village, Kothapeta Mandal Dr BR Ambedkar Konaseema dist The Vanapalli Gram Panchayat, rep by its Secretary Vanapalli village, Kothapeta mandal. Dr BR Ambedkar Konaseema dis
1. 2. 3. 4. 5. ...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 to declaring the high handed action on the part of the respondents more particularly 4^^ and 5*'^ respondents herein without there being any survey/without issuing a notice threatening to encroach the
2 petitioners residential house by dispossessing/demolishing i 320 D No 2-41 assigned by the 3 in survey no respondent through granted house site patta dt 20-11-1995 is highly illegal, arbitrary and violative of article 14 15 21, 300A of the oonstitution of India and consequentially to direct the 4* and 5 respondents not to dispossess/demolish 2-41 in survey the residential house D No no 320 situated at Vanapalli village, Kothapeta view of the house site patta dt 20-11 Mandal in respondent.
-1995 issued by the 3 LA NO: 1 OF Petition under Section 151 stated in the affidavit filed i pleased to direct the 4™ and 5™ the residential house D No 2 CPC praying that in the circumstances m support of the petition, the High Court may be respondents not to dispossess/demolish -41 in survey no 320 situated at Vanapalli village, Kothapeta Mandal in view of the house site patta dt 20-11-1995 issued by the 3RDrespondent pending disposal and to pass of the above writ petition COUNSEL FOR PETITIONER:
COUNSEL FOR THE RESPONDENTS: The Court made the following: Sri Sameera Bokka G.P for Revenue
% 1 APHC010214182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY JHE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITION NQ; 10686/209^ [3458] MANDAVA Between: Bandaru Satya Veera Chander Rao ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SAMEERABOKKA Counsel for the Respondent(S):
1.GPFOR REVENUE The Court made the following:
ORDER: ...RESPONDENT(S) Heard Ms. Sameera Bokka, learned learned Assistant Government Pleader respondents. counsel for the petitioner and for Revenue, appearing for the
2 Challenging the action of the respondents in trying to encroach
2. upon the petitioner’s residential house by dispossessing/demolis hing the same in Sy. No.320 D No.2-41, assigned by the 3'^^ respondent vide house site patta dated 20.11.1995, the instant Writ Petition has been filed.
3. It is contended that the respondent authorities are proposing to evict the petitioner from the subject land, and in the process they have orally
directed him to vacate the subject premises which is a residential house, without there being any notice or survey being conducted. The learned counsel for the petitioner argues that the subject property was assigned in favour of the petitioner on 20.11.1995, ever since then, the petitioner has been in possession and occupation of the subject land.
4. The learned Standing Counsel appearing for the 4'^ respondent- temple submits that the subject land does not belong to the petitioner, and it is temple property. He further states that the petitioner was never orally directed to vacate the subject premises as alleged. The Endowment authorities have initiated action for removal of encroachments over the temple land, but not in the case of the petitioner. The learned counsel, however, submits that if any action is proposed against the petitioner, the same will be in accordance with
5. law.
3
6. In view of the foregoing, the Writ Petition is disposed of directing the respondents to follow due process of law if they intend to evict the petitioner from the subject land. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. / ASS\ST //TRUE COPY// SECT State of Andhra To,
1. The Principal Secretary, Revenue Depar. .. Pradesh, Secretariat buildings, veiagapudi, Amaravati
2. The Dist Collector, DR BR Ambedkar Konaseema district Amalapuram, ^1 iC
3. The Tahsildhar, Kothapeta Mandal, Dr BR Ambedkar Konaseema District.
4. The Executive Officer, Pailalamma Ammavari Temple, Vanapalli Village, Kothapeta Mandal Dr BR Ambedkar Konaseema District
5. The Secretary, Vanapalli Gram Panchayat, Vanapalli village, Kothapeta mandal. Dr BR Ambedkar Konaseema District
6. One CC to Sri Sameera Bokka Advocate [OPUC]
7. Two CCs to G.P for Revenue. High Court Of Andhra Pradesh. [OUT]
8. Three CD Copies Ksv
HIGH COURT DATE; 25-04-2025
ORDER WP.No.10686 of 2025 disposing of the writ PETITION WITH DIRECTION NO COSTS