BOYA YELUKA RAMAIAH v. The State of Andhra Pradesh
WP/11754/2025 · 2025-05-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46052 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46052 (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) A I o\ O TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE rnv I- fci, PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11754 OF 2025 Between: Boya Yeluka Ramaiah, S/o. Thayyanna, aged 58 years, Occ. agriculture Rio. H No. 2-53, Ibrahimpuram village Nandavaram mandalam, Kurnool District 518 345 ...PETITIONER.^- AND
1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Revenue Department Secretariat, Velagapudi, Amaravthi
2. The District Collector, Kurnool District, Kurnool
3. The Revenue Divisional Officer Adoni Division, Kurnool District
4. The Tahsildar, Nandavaram Mandal, Kurnool District ...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, declaring the action of the respondents 2 to 4
% authorities in trying to dispossess / evict the petitioner from his house site patta vide Plot No. 92 in Sy No 196/A2B situated at Ibrahimpuram village, Nandavaram mandalam, Kurnool District which was allotted to the petitioner vide RC No. 533/83 dated 28.01.1983 without following due process of law and trying to evict the petitioner from his house site patta is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the petitioner house site patta vide Plot No. 92 in Sy No 196/A2B situated at Ibrahimpuram village, Nandavaram mandalam, Kurnool District without following due process of law in the interest of justice, -- 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 to grant STAY of dispossess of the .petitioner from her house site patta bearing Plot No. 92 in Sy No 196/A2B situated at Ibrahimpuram village, Nandavaram mandalam, Kurnool District without following due process of law, pending disposal of the main writ petition.,- Counsel for the Petitioner: SRI.
TENEPALLI NIRANJAN Counsel for the Respondents: GP FOR REVENUE The Court made the following Order:
■ APHC010228492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11754/2025 Between: BoyaYelukaRamaiah ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.TENEPALLI NIRANJAN Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11754/2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to Writ of Mandamus declaring the action of the respondents, more particularly respondent Nos. 2 to 4 in trying to dispossess/ evict the petitioner from his house site patta vide Plot No.92 in Sy.No.196/A2B situated at Ibrahimpatnam Village, Nandavaram Mandal, Kurnool District without following due process of law as illegal and arbitrary; consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Heard
learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess/ evict the petitioner from his subject without following due
1. issue a
2.
3. process of law. Learned Government Pleader for Revenue submits that, if the petitioner
4. is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead)
5.
by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 1 » . Therefore, if the possession of the subject property, the respondents evict the petitioner from his peaceful except by due process of law. writ petition is disposed of at the stage of counsel. No costs. petitioner is in are
directed not to dispossess/ possession and enjoyment of the subject property.
6. With the above direction, the admission with the consent of both the Consequently, miscellaneous petitions pending, if any, shall also stand closed. 1 2004(1) see 769 Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE eOPY// SEeTiON OFFICER To
1. The PrI. Secretary, Revenue Department Secretariat, Velagapudi, Amaravthi 'r'
2. The District Collector,'Kurnool District, Kurnool
3. The Revenue Divisional Officer Adoni Division, Kurnool District The Tahsiidar, Nandavaram Mandal, Kurnool District One CC to Sri. Tenepalli Niranjan, Advocate [OPUd] Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUf] Three CD Copies
4.
5.
6.
7. vna
^ # HIGH COURT DATED:06/05/2025
ORDER WP.No.11754 of 2025 ) 2 9 SEP 2025 m OV Co ■ SvOimnt DISPOSING OF THE WRIT PETITION WITHOUT COSTS