Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 47928 (AP)

StanikamAnanda Kumar, v. The State of Andhra Pradesh

WP/12358/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

''^V. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAtl (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12358 OF 2025 Between: StanikamAnanda Kumar, S/o. Late. Narayana Charullu Aged about 59 years Occ: Archaka, R/o. S. Agraharam, A. Kothakota, Chowdepalli Mandal Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional officer, Palamaner Mandal, Chittoor District. 4. The Tahsildar, Chowdepalli Mandal Chittoor District. 5. Village Revenue Officer, A-Kothakota Village, Chowdepalli Mandal, Chittoor 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in interfering with petitioner rights over the land in an extent of Ac. 0.01 Cents in Sy.No. 358-5, Ac. 0.36 Cents in Sy.No. 376-4, Ac. 2.13 Cents in Sy.No. 385-10, Ac. 1.65 Cents in Sy.No. 385- 11, Ac. 0.16 Cents in Sy.No. 385-4, Ac. 0.07 Cents in Sy.No. 385-6, Ac. 0.62 Cents in Sy.No. 385-8, Ac. 0.16 Cents in Sy.No. 385-9, Ac. 0.25 Cents in Sy.No. 411-1 and Ac. 0.55 Cents in Sy.No. 411-12 of A.KothaKota revenue Village, Chowdepalli Mandal, Chittoor District, belong to petitioner without assigning any reason whatsoever without issuing any notice following due process of law as arbitrary, illegal and one without jurisdiction and violation of under Article 14,19,21 and 300-A of constitution of India and consequently direct the respondents Nos.4 and 5 not to interfere with petitioner rights over the land in an extent of Ac. 0.01 Cents in Sy.No. 358-5, Ac. 0.36 Cents in Sy.No. 376-4, Ac. 2.13 Cents in Sy.No. 385-10, Ac. 1.65 Cents in Sy.No. 385- 11, Ac. 0.16 Cents in Sy.No. 385-4, Ac. 0.07 Cents in Sy.No. 385-6, Ac. 0.62 Cents in Sy.No. 385-8, Ac. 0.16 Cents in Sy.No. 385-9, Ac. 0.25 Cents in Sy.No. 411-1 and Ac. 0.55 Cents in Sy.No. 411-12 of A.KothaKota revenue Village, Chowdepalli Mandal, Chittoor District. nor lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No.4 and 5 not to interfere with the subject land without following due process of law for land of an extent of Ac. 0.01 Cents in Sy.No. 358-5, Ac. 0.36 Cents in Sy.No. 376-4, Ac. 2.13 Cents in Sy.No. 385-10, Ac. 1.65 Cents in Sy.No. 385-11, Ac. 0.16 Cents in Sy.No. 385-4, Ac. 0.07 Cents in Sy.No. 385-6, Ac. 0.62 Cents in Sy.No. 385-8, Ac. 0.16 Cents in Sy.No. 385-9, Ac. 0.25 Cents in Sy.No. 411-1 and Ac. 0.55 Cents in Sy.No. 411-12 of A.KothaKota Village, Chowdepalli Mandal, Chittoor District, pending disposal of the above Writ Petition. revenue Counsel for the Petitioner : Mrs. S. PARINEETA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010246372025 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: 12358/2025 Between: Stanikamananda Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner; 1.S PARINEETA Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 fv W THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12358/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 4 and 5 in interfering with petitioner rights over the land in an extent of Ac.0.01 Cents in Sy.No.3585, Ac. 0.36 Cents in Sy.No:3764 2.13 Cents in Sy.No.38510, Ac. 1.65 Cents in Sy.No.38511, Ac. 0.16 Cents in Sy.No.3854, Ac. 0.07 Cents in Sy.No.3856, Ac.0.62 Cents in Sy.No.3858 Ac.0.16 Cents in Sy.No.3859, Ac.0.25 Cents in Sy.No.4111 and Ac.0.55 Cents in Sy.No.41112 of A KothaKota revenue Village, Chowdepalli Mandal, Chittoor District, belong to petitioner without assigning any reason whatsoever without issuing any notice nor following due process of law as arbitrary illegal and one without jurisdictional violation under Article 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondent Nos. 4 and 5 not to interfere with petitioner rights over the land in an extent of Ac.0.01 Cents in Sy.No.3585, Ac.0.36 Cents in Sy.No.3764 Ac. 2.13 Cents in Sy.No.38511 Ac.0.16 Cents in Sy.No.3854, Ac.0.07 Cents in Sy.No.3856 Ac.0.62 Cents in Sy.No.3858 Ac.0.16 Cents in Sy.No.3859 Ac.0.25 Cents in Sy.No.4111 and Ac.0.55 Cents in Sy.No.41112 of A KothaKota revenue Village, Chowdepalli Mandal, Chittoor District and pass” Heard learned counsel for the petitioner and learned Government Ac. Sy.No.38510 Ac. 1.65 Cents in 2. 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 evict the petitioner from his respective property without following due 3. process of law. 3 \ Learned Government Pleader for Revenue, on instructions dated 4. 06.5.2025 submitted that, as seen from the revenue records, the subject lands belongs to temple but the petitioner by fraud obtained pattadar pass book in his name for the above temple lands. After knowing the said facts, the villagers submitted a detailed representation to the District Collector for enquiry and for justice. During enquiry, villagers deposed that the subject lands belong to temple. Knowing this fact, the petitioner filed the present petition for undue advantage. It is further stated that the subject lands were notified under the list of prohibited lands under Section 22(A)(1)(e) of the Registration Act, 1908 and the title of the above lands vested with the temple but not with the petitioner. As such, prayed to dismiss the Writ Petition with costs. Having regard to the submissions made by the learned counsel for 5. the petitioner and on perusal of the written instructions submitted by the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by 1 . Therefore, if the L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioner is in possession of the subject property, the respondents are directed not to evict with the possession and enjoyment of the subject property, except following due process of law. 2004 (1) see 76-9- 4 / / ■' 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 6. stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// pf SECTION OFFICER To 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional officer, Palamaner Mandal, Chittoor District. 4. The Tahsildar, Chowdepalli Mandal Chittoor District. 5. Village Revenue Officer, A-Kothakota Village, Chowdepalli Mandal, Chittoor District. 6. One CC to Mrs. S. Parineeta, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr HIGH COURT DATED:06/05/2025 ORDER WP.No.12358 of 2025 ^ A ^ 2 7 MAY 2025 H ^ . Curreni becuon *2: DISPOSING OF THE W.P. WITHOUT COSTS