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2025 DAILYLAW 44429 (AP)

Devireddy Raja v. THE STATE OF ANDHRA PRADESH

WP/10360/2025 · 2025-04-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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\ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD WRIT PETITION NO: 10360 OF 2025 Between: 1. Devireddy Raja S/o D. Hanumanthappa, Aged about 61 Years, Occ; Electrician, R/o. D.No. 26-98. LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 2. Nagaladinna Abdul Lathif S/o Late N.AIi Murthja, ‘ Aged about 65 Years. Occ; Plumber, R/q. D.No. 20-688, Lonikota.Ward No-20, Dharmavaram, Ananthapur District, Andhra Pradbsh. 3. Chennarnareddy Gari. Veeranarayar^a Reddy S/o . Chennarnareddy Gari. Chennakesava Reddy, Aged about 45 Years, Occ; , ) R/o. D.No. 19-85, Bade Sab Street, Dharmavaram, Ananthapur District. Andhra Pradesh. 4. Nagaladinna Yasmin W/o N. Lathif, Aged about 55 Years, Occ: House Wife, R/o. D.No. 20-688, Lonikota, Ward No-20, Dharmavaram, Ananthapur District, Andhra Pradesh. 5. Dasari Surendra S/o D. Hanurnanthu, Aged about 49 Years, Occ; Electrician, R/o. D.No. 26-97, LCK Puram, Dharmavaram, Ananthapur District. Andhra Pradesh. 6. Nagaladinne Mohamad Baba S/o N. Abdul Latheef, Aged about 23 Years, Occ: Plumber, R/o. D.No. 20-688, Lonikota, Dharmavaram, Ananthapur District, Andhra Pradesh. 7. Pamapalli Basha S/o Mohammad. Vali, Aged about 32 Years, Occ: Plumber, R/o. D.No. 20-540, Lonikota, Ward No-20 Dharmavaram. Ananthapur District, Andhra Pradesh. 8. Chitra Obilesu S/o.Krishnappa , Aged about 46 Years, Occ; Electrician, R/o. p.No. 2-146, Mallenipalli, Thummala, Ananthapur District, Andhra Pradesh. 9. Devireddy Sarojamma W/o D. Raja, Aged about 58 Years, Occ: House Wife, R/o. D.No. 26-98, LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 10. D. Nagamani S/o D. Surendra, Aged about 46 Years, Occ; House Wife, R/o. D.No. 26-9, LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. 11. D. Mahammad Javeed C/o D. Anwar, Aged about 39 Years, Occ: Plumber R/o. D.No. 17-438-1, Car Street, Dharmavaram, Ananthapur District, Andhra Pradesh. 12. Vakkala Lakshmi Narayana S/o Late.V. Anjinappa Aged about 60 Years, Occ: Electrician, R/o. D.No. 20-561, Ward No-20 Lonikota. Dharmavaram, Ananthapur District, Andhra Pradesh. 13. Palagiri Balakrishna S/o P. Sreeramulu, Aged about 43 Years, Occ: Electrician, R/o. D.No. 27-1159-1, Satya Sai Nagar, ' Dharmavaram, Ananthapur District, Andhra Pradesh. 14. K. Ashok Kumar S/o K. Kristaiah, Aged about 57 Years, Occ; Plumber, R/o. D.No. 2-9, Mallenipalli,Thummala, Ananthapur District, Andhra Pradesh. 15. Desamukhi Mahammad Jgber S/o D. Anwar, Aged about 45 Years, Occ: Electrician, R/o. D.No. 18-171, Market Street,Ward 18, Dharmavaram, Ananthapur District, Andhra Pradesh. 16. Chilla Ramanjineyulu S/o Chilla. Nagaiah, Aged about 43 Years, Occ: Electrician, R/o. D.No. 2-25, Ganginepalli, C.K.Palli, Ananthapur District, Andhra Pradesh. 17. V. Aravind S/o V. Lakshmi Narayana, 1 /ged about 28 Years, Occ: Plumber, /^/o. D.No. 20-561, Lonikota, Ward-20 Dharmavaram, Ananthapur District, Andhra Pradesh. I 18. Bangarapu Sujani W/o B.Chandrasekhar Reddy, Aged about 52 Years, Occ; House Wife, R/o. D.No. 22-7, Near R T C Bus Stand, Ward 22, Dharmavaram, Ananthapur District, Andhra Pradesh. 19, Yaggoni Padmavathi W/o Y. Umamaheswar, Aged about 49 Years, Occ: House Wife, R/o. D.No. 26-98, Ananthapur District, Andhra Pradesh. 20. Pasupuleti Ajay Kumar S/o P. Hanumanthu, Aged about 34 Years, Occ: Plurriber, R/o. D.No. 13-310, Indira Nagar, Dharmavaram, Ananthapur District, Andhra Pradesh. 21. N, Jilan S/o N. Ismail, Aged about 34 Years, Occ; Electrician, R/o. D.No. 20-331, Kuruba Street, j Dharmavaram, Ananthapur District, Andhra Pradesh. 22. Akula Nagaraju S/o A. Kullayappa, o Aged about 52 Years, Occ: Electrician R/o. D.No. 20-570-1, Lonikota, Dharmavaram, Ananthapur District, Andhra Pradesh. 23. Singaram Krishnaiah S/o S. Obilesu, Aged about 58 Years, Occ: Plumber, R/o. D.No. 24-897-1, Nehru Nagar, Dharmavaram, Ananthapur District, Andhra Pradesh. 24. Devasetti Ramu S/o D. Hanumanthu. Aged about 52 Years, Occ: Electrician R/o. D.No. 26-187-1, LCK Puram, Dharmavaram, Ananthapur District, Andhra Pradesh. AND ... Petitioner’s .. 5 , 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram,Sri Satya Sai District. 4. The Tahsildar, Dharmavaram, Sri Satya Sai District. ... Respondents Petition under Article 223 of the Constitution of India praying that in the circumstances stated in the affidavit filed there\A/ith, the High Court may be pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in issuing Notice dated 08-04-2025 vide RC No. 283/G/2025 without Jurisdiction in present to the Petitioners Properties situated in Sy. No. 650-2 situated at Dharmavaram Village and Mandal, Sri Satya Sai District without following due process of law as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently set-aside the same. lA NO: 1 OF 2025 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 tg grant stay of all further proceedings in peruse to the Notice dated 08-04-2025 vide RC No. 283/G/2025. lA NO: 2 OF 2025 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 direct the Respondents not to interference with the Petitioners subject Properties situated in Sy. No. 650-2 situated at Dharmavaram Village and Mandal, Sri Satya Sai District. Counsel for the Petitioners: SRI BANDI SRIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010206882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO; 10360/2025 Between: Devireddy Raja and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner{S): 1.BANDI SRIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10360/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 in issuing Notice dated 08-04-2025 vide RC No. 283/G/2025 without Jurisdiction in present to the Petitioners Properties situated in Sy. No. 650-2 situated at Dharmavaram Village and Mandal, Sri Satya Sai District without following due process of law as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently set- aside the same ” 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. The claim of the petitioners is that the petitioners herein were assigned the house sites by way of assignment vide Rc.No.A/64/2024, 14.02.2024 in Sy.No.650-2, Dharmavaram Village and Mandal, Sri Satya District. Pursuant to the subject assignments, the petitioners have been in possession and enjoyment of the respective house sites. While so, the 3'"'^ respondent herein has issued impugned notice vide Rc.No.283/G/2025, dated 08.04.2025, directing the petitioners to appear before him and submit the assignment I ■ Pattas granted in favour of the them for holding the petitioners and also to prove the eligibility of \ pattas granted in their favour. subject assignment 4. Learned counsel for the petitioners submits that the i predetermination, to cancel the - issuance of the pattas issued in favour respondent herein impugned notice with of the petitioners on the ground that the contrary to law, i principles of natural justice pursuant to the report submitted by the 4»’ petitioners are not eiigibie persons to hoid the pattas i 4"' respondent without in IS only an opinion of the observing and due process iin accordance with law. Learned counsel further the issue being 4"' respondent, who himself submits that the 3'"'^ adjudicating authority without predetermined and conducting proper i the pattas in their favour, present Writ Petition. respondent shall consider relying upon the report of the enquiry without enquiry regarding the eligibility of Aggrieved by the an concluded issuing notice and without the petitioners to hold petitioners filed the same, the 6- On the other hand that the i under the learned Government Pleader impugned notice dated 08.04.2025 i for Revenue submits issued by the 3'^^ respondent is process of petitioners/patta holders, eligibility certainly, they enquiry and to determine If the petitioners the eligibility of the and other patta holders prove their would be confirmed continue the pattas in their favour. If the as eligible persons petitioners and other and may patta holders the respondents are determined as ineligible persons for process of law in issuing further holding the pattas will follow due proceedings. 7. Considering the submissions of the learned counsel for the petitioners and the learned Government Pleader for Revenue and on perusal of the material available on record, this Court deems it appropriate to direct the petitioners to submit a detailed explanation along with the documents to prove their eligibility as well as the alienation said to have been made in favour of them within a period of two (02) weeks from the date of receipt of a copy of this Order. After such submission, the respondent is directed to consider the said explanation and pass orders in accordance with law by providing an opportunity of personal hearing to the petitioners and other stake holders, if any, within a period of two (02) months. Till such time, the respondents directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject house sites. are 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ Sd/-G HELA/NAIDU ASSISTANT RE^TRAR SECTIONOFFICER //TRUE COPY// To, Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram,Sri Satya Sai District. 4. The Tahsildar, Dharmavaram, Sri Satya Sai District. 5. One CC to Sri Bandi Srihari, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra 7. Two CD Copies Pradesh. [OUT] RAM ) RAM HIGH COURT \ NV,J \ DATED:22/04/2025 ORDER WP.No.10360 of 2025 o 17 JUN 2125 S9/ DISPOSING THE WP WITHOUT COSTS