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2025 DAILYLAW 46551 (AP)

UTHUKOTA CHITRA v. THE STATE OF ANDHRA PRADESH

WP/11505/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11505 OF 2025 Between: 1. Uthukota Chitra, W/o Muni Chandra Reddy, Aged about 45 years, R/o Karur Village, Tada Mandal, Tirupathi District. 2. Uthukota Surya Murthy, S/o Swaminathan, Aged about 24 years, R/o Karur Village, Tada Mandal, Tirupathi District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by Its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Tirupathi District, Tirupathi. 3. The Revenue Divisional Officer, Sullurpeta, Tirupati District. 4. The Tahsildar, Tada Mandal, Tada, Tirupati District. 5. Ravanam Kasi Reddy, S/o Edumalaireddy, Aged about 64 years, R/o Karuru Village, Tada Mandal, Tirupati District. 6. Ravanam Dasu,, S/o Late Ponnuswami Reddy, Aged about 95 years R/o Karuru Village, Tada Mandal, Tirupati District. 7. R.M. Krishna, S/o Late Munuswamireddy, Aged about 64 years, R/o Karuru Tada Mandal, Tirupati District. 8. R.M. Mariappam,, S/o Late Munuswamireddy Aged about 61 R/o Karuru Tada Mandal, Tirupati District. years. ...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 Writ order or direction more particularly one in the nature of i Writ of Mandamus declare the action of Respondent No.3 and his staff trying to dispossess the petitioner from the agricultural land measuring an extent of Ac.0.63 in Sy. No.119/6 of Karur Village, Tada 'Mandal, Tirupati District, without issuing notification under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner as illegal, arbitrary and in violation of Article-.14, 21 and 300-A of the Constitution of India and consequently, direct the respondent No.4 not to interfere and dispossess the petitioner from the agricultural land measuring an extent of Ac.0.63 in Sy. No.119/6 of Karur Village, Tada Mandal, Tirupati District. 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 direct the respondent No.4 not to interfere and dispossess the petitioner from the agricultural land measuring an extent of Ac.0.63 in Sy.No.119/6 of karur village, Tada Mandal, Tirupati District pending disposal of the writ petition. Counsel for the Petitioners: SRI HARINATH REDDY SOMA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010224182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11505/2025 Between: Uthukota Chitra and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1. HARINATH REDDY SOMA Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 W THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11505/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondent No. 3 and his staff trying to dispossess the petitioners from the agricultural land measuring an extent of Ac.0.63 cents in Sy.No. 119/6 of Karur Village, Tada Mandal, Tirupatl District, without issuing notification under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 for acquiring the land of the petitioner as illegal, arbitrary and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No. 4 not to interfere and dispossess the petitioners from the agricultural land measuring an extent of Ac.0.63 cents in Sy.No.119/6 of Karur Village, Tada Mandal, Tirupati District and pass such other order. ” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere and dispossess the petitioner from the subject property without following due process of law. \ 3, Learned Assistant Government Pleader for Revenue furnished the written instructions issued by the 4“" respondent dated 05.05.2025, wherein it is stated as follows; “The subject land not related to petitioner Nos. 1 and 2. There is no provision of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation 3 and Resettlement Act, 2013. The land gifted Muniswara Swamy Devasthanam to Sri on behalf of respondent Nos. 5, 1 and 8 whose legal heir of the land. ” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it IS observed that when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed. without following due process of law in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs. '' ”, Therefore, if the petitioners possession of the subject property, the respondents are directed not to interfere and dispossess the petitioner from the subject property, except by following due process of law. are in 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. / ^2004(1) see 769 Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE eOPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Tirupathi Distr'ict, Tirupathi. 3. The Revenue Divisional Officer, Sullurpeta, Tirupati District. 4. The Tahsildar, Tada M^dal, Tada, Tirupati District. 5. One CC to Sri Harinath Reddy S^a, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:06/05/2025 5 15 MAr 2025 ^ ^ . Current becuon ^iS!a£^SPATCH^B-^ Oil ORDER WP.No.11505 of 2025 DISPOSING OF THE WP WITHOUT COSTS