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2025 DAILYLAW 47495 (AP)

VEERABOYINI VENKATA MUNI v. THE STATE OF AP

WP/33663/2025 · 2025-12-02

D Ramesh

body2025

Judgment text

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APHC010648792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33663/2025 Between: 1. VEERABOYINI VENKATA MUNI, S/O VEERABOYINI VENKATASWAMY, AGED 74 YEARS, D.NO.1-111, CHINNA BISTHAPALLI VILLAGE, DEVALAMPETA PANCHAYATH, PULICHERLA MANDAL, MADANAPALLE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP.BY IT'S PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, GUNTUR DITRICT. 2. THE DISTRICT COLLECTOR, MADANAPALLE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE DIVISION MADANAPALLE DISTRICT 4. THE TAHSILDAR, PULICHERLA MANDAL MADANAPALLE 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 topleased 1. Issue a Writ of Mandamus declaring the illegal action of the respondents in attempting to lay a road through the petitioner's private agricultural lands without due process of law and without considering petitioner's pending representation for composition for the road already existing, as arbitrary, unconstitutional and violative of Articles 14, 21 and 300- 2 A 2. Direct the respondents not to interfere with or dispossess the petitioner from peaceful possession and enjoyment of the following lands Survey No. 243/2A - Ac.0.107, Survey No. 242/1 and 243/1H - Extent Ac.2.34, Survey No. 242/1 (Extension) - Extent Ac.0.431, Survey No. 242/6 (Extension) - Extent Ac.1.377 and to pass IA 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 pleased Direct the respondents not to interfere with or dispossess the petitioner from peaceful possession and enjoyment of the following lands: Survey No. 243/2A - Ac.0.107 Survey No. 242/1 & 243/1H - Extent Ac.2.34, Survey No. 242/1 (Extension) - Extent Ac.0.431, Survey No. 242/6 (Extension) - Extent Ac. 1.377 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 33663 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- <to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to lay a road through the petitioner’s private agricultural lands without due process of law and without considering petitioner’s pending representation for composition for the road already existing as illegal and arbitrary and direct the respondents not to interfere with or dispossess the petitioner from peaceful possession and enjoyment of the lands in Sy. No.243/2A for an extent of Ac.0.107 cents, Sy.No.242/1 and 243/1H for an extent of Ac.2.34 cents, Sy No.242/1 for an extent of Ac.0.431 cents and Sy.No.242/6 for an extent of Ac.1.377 cents and pass such other order or orders=. 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 3. The learned Assistant Government Pleader for Revenue, on instructions, submits that they are not interfering with the possession of the petitioner over the subject property. 4 4. In the said circumstances, without going into the merits of the case, this Court is inclined to dispose of the Writ Petition directing the respondent authorities not to interfere and not to dispossess the petitioner from the subject property without following due process of law. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Dt:03.12.2025 sj 5 266 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 33663 of 2025 Dt.03.12.2025 ssjj