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2025 DAILYLAW 46022 (AP)

Irapa Purnachandra Rao, v. State of Andhra Pradesh

WP/3058/2020 · 2025-10-07

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010050362020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3058/2020 Between: 1. IRAPA PURNACHANDRA RAO,, SIO. POTHU RAJU, SCHEDULED TRIBE, MALE, AGED 35 YEARS, R/O. CHERUKUPALLI (V), SATTUPALLI (M), KHAMMAM DISTRICT 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR, , WEST GODAVARI DISTRICT, ELURU. 3. THE REVENUE DIVISIONAL OFFICER, ELURU. WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, T. NARASAPURAM (V) AND (M WEST GODAVARI DISTRICT 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 toto issue an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus dclaring the action of Respondents in threatening to disposses of an agricultural land of an extent of Ac.3.70 cents covered by R.S.No.32/2 situated in Marrigudem, Bandivarigudem, T. Narasapuram (M), West Godavari District as hig contrary to law and clear violation of Principles of natural Justice and clear IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3058/2020 IRAPA PURNACHANDRA RAO,, SIO. POTHU RAJU, SCHEDULED TRIBE, MALE, AGED 35 YEARS, R/O. CHERUKUPALLI (V), SATTUPALLI (M), KHAMMAM DISTRICT ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE COLLECTOR, , WEST GODAVARI DISTRICT, ELURU. THE REVENUE DIVISIONAL OFFICER, ELURU. WEST GODAVARI THE TAHSILDAR, T. NARASAPURAM (V) AND (M WEST GODAVARI DISTRICT ...RESPONDENT(S 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 toto issue an appropriate Writ, order or direction more particularly in nature of Writ of Mandamus dclaring the action of Respondents in threatening to disposses of an agricultural land of an extent of Ac.3.70 cents covered by R.S.No.32/2 situated in Marrigudem, Bandivarigudem, T. Narasapuram (M), West Godavari District as highly illegal, arbitrary and contrary to law and clear violation of Principles of natural Justice and clear IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE EIGHTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN IRAPA PURNACHANDRA RAO,, SIO. POTHU RAJU, SCHEDULED TRIBE, MALE, AGED 35 YEARS, R/O. CHERUKUPALLI (V), ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL A.P. SECRETARIAT, THE COLLECTOR, , WEST GODAVARI DISTRICT, ELURU. THE REVENUE DIVISIONAL OFFICER, ELURU. WEST GODAVARI THE TAHSILDAR, T. NARASAPURAM (V) AND (M WEST ...RESPONDENT(S): 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 toto issue an appropriate Writ, order or direction more particularly in nature of Writ of Mandamus dclaring the action of Respondents in threatening to disposses of an agricultural land of an extent of Ac.3.70 cents covered by R.S.No.32/2 situated in Marrigudem, Bandivarigudem, T. hly illegal, arbitrary and contrary to law and clear violation of Principles of natural Justice and clear 2 BKM,J W.P.No.3058 of 2020 violation of Articles 14,21 and 300A of the Constitution of India and consequently to direct the respondents not to disposses of agricultural land of an extent of Ac.3.70 cents covered by P..S.No.32/2 Marrigudem, Bandivarigudem, T.Narasapuram (M), West Godavari District without following the due process of law IA 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 direct the respondents not to interfere in peaceful possession and enjoyment of agricultural land of an extent of Ac.3.70 cents covered by R.S.No.32/2 situated in Marrigudem, Bandivarigudem, T.Narasapuram (M), West Godavari District pending disposal of the above writ petition IA NO: 2 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 Counsel for the Petitioner: 1. B P RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 BKM,J W.P.No.3058 of 2020 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the respondents in threatening to dispossess the petitioner from an agricultural land to an extent of Ac. 3.70 cents covered by R.S.No.32/2 situated in Marrigudem, Bandivarigudem, T. Narasapuram Mandal, West Godavari District. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, relying upon the counter of the 4th respondent, submits that the subject land to an extent of Ac. 10.70 cents in R.S.No.32 situated at Bandivarigudem Village of T.Narasapuram Mandal is covered as LCC land and the possession was handed over by the declarant one Sri Soyam Pothappa on 05.06.1988 in the presence of the Village elders. The revenue authorities took possession of the subject land along with other lands from the grandson of the declarant one Sri Soyam Raja Sekaram, son of Babu Rao and the same was handed over to the Village Revenue Officer, Bandivarigudem, for safe custody. The petitioner in writ petition No.32653 of 2010 one Sri Soyam Chinna Venkataiah, son of Pothappa died on 17.07.2011 and the legal representative was added as 2nd petitioner in writ petition No.32653 of 2010. The subject land in writ petition No.3058 of 2020 to an extent of Ac. 3.70 cents in R.S.No.32/2 of Bandivarigudem Village was allotted for the housing scheme. 4 BKM,J W.P.No.3058 of 2020 4. In view of the same, no relief can be granted in this writ petition. 5. Accordingly, the Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.10.2025 MDP