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2025 DAILYLAW 48385 (AP)

Lokavarapu Appalanaidu, v. THE STATE OF ANDHRA PRADESH

WP/33354/2025 · 2025-12-11

Ravi Cheemalapati

body2025

Judgment text

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APHC010645972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33354/2025 Between: 1. LOKAVARAPU APPALANAIDU,, S/O. LATE KONDA, AGED ABOUT 67 YEARS, OCC AGRICULTURE, R/O. D.NO. 113 4-75, MANYAPURATLA,LINGAMPETA VILLAGE, NATHAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. 3. THE MANDAL PARISHAT DEVELOPMENT OFFICER, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, NARSIPATNAM RURAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, NATHAVARAM POLICE STATION, NARSIPATNAM RURAL, ANAKAPALLI DISTRICT. 6. THE TAHSILDAR, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT. 7. MANYAPURATLA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY MANYAPURATIA VILLAGE, NATHAVARAM MANDAL, ANAKAPALLI 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 to issue a Writ or Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents nos 2 to 6 in trying to interfere and dispossess the land of the petitioner from his peaceful possession and enjoyment of the property in Survey No.s 46,50 admeasuring an extent of 0.12 cents, bounded by East land of Gadi.Kumari, West Road, North House of Lokavarapu appalanaidu. South House of Lokavarapu Nageswararao located at Manyapuratia, Lingampeta Village, Nathavaram Mandal, Anakapalli District without following due process of law is illegal. Arbitrary Ultravires and violations of Article 14, 21 and 300A and consequently direct the respondents 2 to 6 not to interfere and dispossess the petitioner from his land in Survey No.s 46,50 admeasuring an extent of 0.12 cents, located at Manyapuratia, Lingampeta Village, Nathavaram Mandal, Anakapalli District without following due process of law and pass such 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 to direct the respondents no’s 2 to 6 not to interfere and dispossess the petitioner from his land in Survey No.s 46,50 admeasuring an extent of 0.12 cents, bounded by East: land of Gadi.Kumari, West: Road, North: House of Lokavarapu appalanaidu. South: House of Lokavarapu Nageswararao located at Manyapuratia, Lingampeta Village, Nathavaram Mandal, Anakapalli District without following due process of law pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the action of respondents in trying to interfere and dispossess the petitioner from the land to an extent of Ac.0.12 cents in Sy.Nos.46 and 50 situated at Manyapuratla, Lingampeta Village, Nathavaram Mandal, Anakapalli District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri P.Nanilu Naidu, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit submitted that the petitioner inherited the subject property from his ancestors and is in possession and enjoyment of the same since times immemorial. While so, the respondents are trying to interfere with the subject property without giving any prior notice or an opportunity of being heard. He further submitted that if the same is allowed to continue, it would affect the rights of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel on instructions submitted that the petitioner has no right over the subject property, however, the respondents would follow due process of law, accordingly, prayed to dismiss the writ petition. 5. Taking their submissions made by the learned counsel into consideration, as the respondents have an intention to follow law, there is no purpose in keeping the writ petition pending, as such, this Court is inclined to dispose of the writ petition by passing the following order: i. The respondents are directed not to interfere with the subject property except under due process of law. ii. If the petitioner wants to claim title over the subject property, he can as well give explanation once a show cause notice is given by the authorities. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 12th December, 2025 RKS