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2025 DAILYLAW 4822 (AP)

M. Mogilappa, v. The State of Andhra Pradesh,

WP/1970/2025 · 2025-01-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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t IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY Ik fa TWO THOUSAND AND TWENTY FIVE 'o <c VS. ct PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1970 OF 2025 Between; M. Mogilappa, S/o. Ramaiah, Aged about 78 years, Occ; Cultivation, R/o. Suddagundlapalli Village, Rayalapeta Post, Peddapanjani Mandal, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Peddapanjani Mandal, Chittoor District. 4. The Tahsildar, Peddapanjani Mandal, Chittoor District. 5. The Village Revenue Officer, Suddagundlapalli Village, Peddapanjani Mandal, Chittoor District. 6. N. Venkatappa, S/o. N. Narappa, Aged about 53 years, Veerappalli Gram Panchayat, Peddapanjani 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondents No. 4 and 5 in interfering with the peaceful possession of the Petitioner's land admeasuring an extent of Ac. 0.50 cents in Sy.No. 112/4 situated at Suddagundlapalli Village, Peddapanjani Mandal, Chittoor District and trying to dig the canal in the Petitioner land without issuing prior notice and man handling the Petitioner's son while questioned the illegal activity of the Respondents No. 4 to 6, as illegal, irregular, arbitrary and unjust, violation of principles of natural justice violation of Articles 14, 19, 21 and 300-A of the Constitution of India and Violation of the provisions of the A.P. State Rights in Land and Pattadar Passbook Act, 1947 and Rules framed thereunder and consequently direct the Respondent No. 4 not to interfere with peaceful possession of the Petitioner's land admeasuring an extent of Ac. 0.50 cents in Sy.No. 112/4 situated at Suddagundlapalli Village, Peddapanjani Mandal, Chittoor District, 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 writ petition, the High Court may be pleased to direct the Respondent No. 4 not to interfere with peaceful possession of the Petitioners land admeasuring an extent of Ac. 0.50 cents in Sy.No. 112/4 situated at Suddagundlapalli Village, Peddapanjani Mandal, Chittoor District, in the interest of Justice, pending disposal of the main Writ Petition. Counsel for the Petitioner: Mrs. P. SARASWATHI Counsel for the Respondent Nos.1 to 5 : SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE, LAND ACQUISITION & STAMPS & REGISTRATION Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER V APHC010038822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1970/2025 Between: 1.M. MOGILAPPA,, S/0. RAMAIAH, AGED ABOUT 78 YEARS, OCC CULTIVATION, R/0. SUDDAGUNDLAPALLI VILLAGE, RAYALAPETA POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PEDDAPANJANI MANDAL CHITTOOR DISTRICT. 4.THE TAHSILDAR, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 5.THE VILLAGE REVENUE OFFICER, SUDDAGUNDLAPALLI VILLAGE, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 6.N VENKATAPPA, S/O. N. NARAPPA, VEERAPPALLI GRAM PANCHAYAT, CHITTOOR DISTRICT. AGED ABOUT 53 YEARS, PEDDAPANJANI MANDAL, ...RESPONDENT(S): Counsel for the Petitioner: 2 1.P SARASWATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Smt. P. Saraswathi, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Peddapanjani Mandal, Chittoor District, dated 27.01.2025 along with certain documents. Copy of the Written Instruction along with the documents are also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3. The Written Instruction would indicate that the Panchayat through the Sarpanch of the Village has undertaken digging of drainage ‘Kalava’ in Sy.No. 113, which is ‘Bandi Dari’ (Road) as per the Revenue Accounts. 4. It is also stated in the Revenue Record that the Writ Petitioner is no way connected to the Sy.No.113, as the patta land of the Writ Petitioner is situated in Sy.No.112/4. However, the Writ Petitioner would submit that the excavation was undertaken in Sy.No. 112/4 belonging to the Writ Petitioner. 5. Having regard to these facts, this Court notices that the Gram Panchayat is not a party before this court. In any case, if the Gram Panchayat has undertaken digging activity, the same would not fall under this Roster. 6. This apart, if there is any issue with regard to the dispute whetherthe excavation took place in Sy.No.112/4 or in Sy.No.113, it is up to the Writ Petitioner to initiate appropriate steps for identification of his land by proper survey by impleading appropriateparties. 3 7. With these observations and directions, this Writ Petition stands disposed of. The disposal of this Writ Petition does not preclude the Writ Petitioner from filing fresh Writ Petition as per the Roster. No order as to costs. fib 8.Interlocutory Applications, if any, stand closed in teffris of this order SDI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Peddapanjani Mandal, Chittoor District. 4. The Tahsildar, Peddapanjani Mandal, Chittoor District. 5. The Village Revenue Officer, Suddagundlapalli Village, Peddapanjani Mandal, Chittoor District. 6. One CC to Mrs. P. Saraswathi, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. Cnr T HIGH COURT DATED:27/01/2025 ORDER WP.No.1970 of 2025 O 0 5 FEB 2025 mi Current Section . ^ Co, DISPOSING THE W.P. WITHOUT COSTS