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High Court of Andhra Pradesh · body

2025 DAILYLAW 44842 (AP)

Marpu Ramachandra Rao, v. The State of Andhra Pradesh,

WP/1442/2020 · 2025-04-09

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% '■ IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1442 OF 2020 AMARAVATI I# if >J /■ Between: 1. Marpu Ramachandra Rao, S/o. Late Appayya, Aged about 58 ye^rs Agncuiturist, residing at Thallavalasa Village, Santhabommali ManLi' Srikakulam District. 2. Marpu Balayya, S/o. Late Appayya, Aged about 60 residing at Thallavalasa Village, Santhabommali District. years. Agriculturist, Mandal, Srikakulim ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector (Revenue), Srikakulam. 3. The Revenue Divisional Officer, Tekkali, Srikakulam 4. The Tahsildar, Santhabommali Mandal, Srikakulam 5. The Village Revenue Officer, Mandal, Srikakulam District. District. District. Thallavalasa Village, Santhabommali ...RESPONDENTS Petition under Article 226 of the Constitution . the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a writ of mandamus may any other appropriate writ respondents is trying to dispossess the cents in survey No. 33/13, Patta No. 198, or or direction declaring the action of the land an extent of Acres 0.62 4 situated at Thallavalasa, Santhabommali Without issuing any notice and without following contemplated under the Land Encroachment Act Mandal, Srikakulam District, the procedure as illegal, arbitrary, unjust contrary to law and violation of principles and natural justice and consequently direct the respondents not to dispossess/evict from the land the petitioners an extent of Acres 0.62 cents in survey No. 33/13, Patta No. 198 situated Thallavalasa Village, Santhabommali District. Mandal, Srikakulam lA NO: 1 OF 2070 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess/evict the petitioners from the land an extent of Acres 0.62 cents in survey No. 33/13, Patta No. 198 situated Thallavalasa Village, Santhabommali Mandal, Srikakulam District pending disposal of the W.P. Counsel for the Petitioner: SRI ARAVALA RAMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010013862020 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1442/2020 Between: ...PETITIONER{S) Marpu Ramachandra Rao, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.ARAVALA RAMA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) % The Court made the following order: The petitioners claim that land admeasuring an f 1. extent of Ac.0.62 cents in Sy.No.33/13 of Thallavalasa Village, Santhabommali Mandal stands in the name of Sri Palapolammathalli Temple. 2. It is further case of the petitioners that originally the said land was donated by Chinnadugam Zamindar in favour of the said temple. It is further case of the petitioners that the petitioners along with others used to look after the affairs of the temple, as no committee was constituted. It is further case of the petitioners that the petitioners used to keep hay ricks over the subject land. It is further case of the petitioners that the land was donated in favour of the temple and the petitioners are only custodians and not claiming any right over the said land. It is further contended that while so, the respondents tried to evict the petitioners from the subject land without issuing any notice and without following the procedure contemplated under law. In those circumstances, the petitioners claim that a legal notice dated 26.09.2019 was issued to the respondents requesting them not to evict the petitioners from the subject land. Despite issuance of the said notice, the respondents tried to interfere with the possession of the petitioners and thereby they approached this Court by filing the present writ petition. 3. On the other hand, the learned Government Pleader for Revenue placed instructions dated 25.01.2020 before Court furnished by the 4*^" respondent. this 4. On perusal of the instructions, the 4‘^ respondent has categorically asserted that the subject land belongs Palapolammathalli temple. Further, the instructions read villagers approached the 4*'^ respondent with to Sri that the a representation to clear the shrubs and bushes in the subject land, as it was difficult for them to perform rituals and other festivals at the Temple. In view of the said ceremonies during local representation made by the villagers, the 4*^ respondent only cleared the shrubs bushes in the subject land and apart from the and same, he did not interfere with the possession of the temple land and the present writ petition is filed on apprehension 5. The instructions dated 25.01.2020 are placed on record. 6. In view of the above, the present Writ Petition is disposed of directing the respondents not to interfere with the subject land except in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector (Revenue), Srikakulam. 3. The Revenue Divisional Officer, Tekkali, Srikakulam District. 4. The Tahsildar, Santhabommali Mandal, Srikakulam District. 5. The Village Revenue Officer, Thallavalasa Village, Santhabommali Mandal, Srikakulam District. 6. One CC to Sri Aravala Rama Rao, Advocate [OPUC 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:10/04/2025 ORDER WP.No.1442 of 2020 V 5 2 6 SEP 2025 m disposing of the W.P., WITHOUT COSTS