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2025 DAILYLAW 48169 (AP)

PYDI NAGESWARA RAO v. THE STATE OF AP

WP/9286/2020 · 2025-09-22

B Krishna Mohan

body2025

Judgment text

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APHC010151222020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9286/2020 Between: 1. PYDI NAGESWARA RAO, FATHER NAME. RAJA RAO , (LATE), AGE. 62, R/O.D.NO. 6-25, INDUSTRIAL AREA, NAVABHARAT JUNCTION, NEAR RAM MANDIR, KUSALAPURAM, SRIKAKULAM ...PETITIONER AND 1. THE STATE OF AP, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM REVENUE DIVISION, SRIKAKULAM 4. THE MANDAL TAHSILDAR, ETCHERLA MANDAL, SRIKAKULAM 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 in threatening to dispossess me from my land in an extent of Ac. 0.58 cents in R.S.NO.27 of Domam Village, Etcherla Mandal, of Srikakulam District for issuance of the house site pattas to the weaker section people under the Scheme of Navaratnalu without following due process of law as illegal, 2 HBKM,J W.P.No.9286 of 2020 irregular, arbitrary and violative of the Settled Principles of Law, against the various revenue laws and also offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to issue house site patta in an extent of Ac. 0.58 cents in R.S.NO.27 of Domam Village, Etcherla Mandal, of Srikakulam District and pass 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 issue house site pattas in land in an extent of Ac. 0.58 cents in R.S.NO.27 of Domam Village, Etcherla Mandal, of Srikakulam District without following due process of law pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.9286 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 4 in threatening to dispossess the petitioner from his land in an extent of Ac.0.58 cents in R.S.No.27 of Domam village, Etcherla Mandal of Srikakulam District for issuance of the house site pattas to the weaker section people under the scheme of Navaratnalu without following due process of law. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities concerned will follow the due procedure with respect to the subject land. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land to an extent of Ac.0.58 cents in R.S.No.27 of Domam village, Etcherla Mandal of Srikakulam District, if not already used by now for the above said public purpose of housing scheme, strictly in accordance with law, if so warranted for any public purpose. If the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law, by giving due opportunity of hearing to all the parties concerned, including the petitioner and upon verification of the records and the subject land, appropriate 4 HBKM,J W.P.No.9286 of 2020 decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due procedure. 5. Accordingly, this Writ Petition is disposed of. 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 Dt: 23.09.2025 sj 5 HBKM,J W.P.No.9286 of 2020 650 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 9286 of 2020 Dt: 23.09.2025 sj