Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48276 (AP)

BIRUDUGADDA SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/32698/2025 · 2025-11-24

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010629132025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. BIRUDUGADDA SATYANARAYANA, S/O. SURYARAO MALE, AGED 34 YEARS, R/O. H. NO.3 DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). 1. THE STATE OF ANDHRA SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. I S RAGHAVAPURAM GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). 3. THE DISTRICT COLLECTOR, ELURU,ELURU DISTRICT, (ERNST WEST GODAVARI DISTRICT). 4. THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM, ELURU DISTRICT, (ERNST WEST GODAVARI DISTRICT). 5. THE TAHSILDAR, TAHSILDAR OFFICE, DWARAKA TIRUMALA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32698/2025 BIRUDUGADDA SATYANARAYANA, S/O. SURYARAO MALE, AGED 34 YEARS, R/O. H. NO.3-134, I.S. RAGHAVAPURAM VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. I S RAGHAVAPURAM GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). THE DISTRICT COLLECTOR, ELURU,ELURU DISTRICT, (ERNST WEST GODAVARI DISTRICT). THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM, ELURU DISTRICT, (ERNST WEST GODAVARI DISTRICT). THE TAHSILDAR, TAHSILDAR OFFICE, DWARAKA TIRUMALA IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI BIRUDUGADDA SATYANARAYANA, S/O. SURYARAO MALE, AGED 134, I.S. RAGHAVAPURAM VILLAGE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST ...PETITIONER PRADESH, REP. BY ITS THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, I S RAGHAVAPURAM GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). THE DISTRICT COLLECTOR, ELURU,ELURU DISTRICT, (ERNST THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM, ELURU DISTRICT, (ERNST WEST GODAVARI DISTRICT). THE TAHSILDAR, TAHSILDAR OFFICE, DWARAKA TIRUMALA MANDAL, ELURU DISTRICT (ERNST WEST GODAVARI DISTRICT). 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS THE PRINCIPAL SECRETARY, PANCHAYAT RAJ, SECRETARIAT, AMARAVATHI, GUNTUR 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 to issue a WRIT OF MANDAMUS declaring the action of the respondents in trying to acquire my house site which was an extent of 150 Sq. Yards out of 242 Sq. Yards in Survey No.228 Grama Kantam situated at I.S. Raghavapuram Village, Dwaraka Tirumala Mandal, Eluru District (Ernst West Godavari District) by 2nd respondent without following Provision of Andhra Pradesh Panchayat Raj Act, 1994 and Land Acquisition Act, 1894, without giving any notice, for an extent of 150 Sq. Yards out of 242 Sq. Yards in Survey No.228 Grama Kantam situated at I.S. Raghavapuram Village, Dwaraka Tirumala Mandal, Eluru District (Ernst West Godavari District) and set aside the illegal proceedings of 2nd respondent, under Land Acquisition Act with intention to wrongful loss to the petitioner on the ground of Road extension, as illegal, improper, unjust, arbitrary, violative of Article 300-A and 21 of the Constitution of India and 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 to direct to 2nd Respondent not to acquire my property i.e., house site which was ancestral, without due course of law for an extent of 150 Sq. Yards out of 242 Sq. Yards in Survey No.228 ‘Grama Kantam’ in I.S. Raghavapuram Village, Dwaraka Tirumala Mandal, Eluru District (Ernst West Godavari District) under Land Acquisition Act, pending disposal of the above Writ Petition as pass Counsel for the Petitioner: 1. GANDHAM SR PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ORDER This writ petition has been filed to declare the action of respondent no.2 in trying to acquire the house property of the petitioner in an extent of 150 sq. yards in Survey No.228 situated in Grama Kantam of I.S. Raghavapuram village, Dwaraka Tirumala Mandal, Eluru District, as illegal and arbitrary. 2. Heard Sri Gandham S.R.Prasad, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. The learned Standing Counsel by placing on record the written instructions of the Panchayat Secretary, I.S.Raghavapuram Village, submitted that the authorities had never interfered with the subject property and there is a civil dispute between the petitioner and others. He further submitted that if the authorities want to interfere, they would follow due process of law. 4. In view of the submission made by the learned Standing Counsel, since the authorities had never interfered with the subject property, this writ petition can be closed. 5. Accordingly, the writ petition is closed. The respondent authorities shall not interfere with the property of the petitioner, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI RR