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2025 DAILYLAW 48492 (AP)

POTLU NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/3604/2025 · 2025-05-05

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 3604 OF 2025 Between: 1. Potlu Narayana, S/o. Subbarayudu, Aged about 46 years, R/o. Miduthuru, Khajipet Mandal, YSR Kadapa Andhra Pradesh. 2. Potlu Subbarayudu, S/o. P. Subbarayudu, Aged about 58 years, R/o. Miduthuru village, Khajipeta Mandal, YSR Kadapa District, Andhra Pradesh. 3. Polu Siddaiah, S/o P. Bala Siddaiah, Aged about 62 years, R/o. Miduthur Village, Khajipeta Mandal, YSR Kadapa District Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Revenue Divisional officer, YSR Kadapa District. 4. The Mandal Tahsildhar, Khajipeta Mandal, YSR Kadapa District. 5. Miduthuru Gram Panchayat, Rep. by its Panchayath Secretary, Miduthuru, Khajipeta Mandal, YSR Kadapa 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 mandamus declaring the action of the Respondents No. 3 to 5 in trying to disposes the petitioners from the land being an Extent of Ac. 0.05 Cents each respectively in Sy.No. 371 situated at Miduthuru Village, Khajipdta* Mandal, YSR Kadapa District is as illegal, arbitrary and violation of ' article 14, 21 and 300-A of the Constitution of India and violation of principles of natural justice and consequently not to disposes the petitioners form the above subject lands. (Prayer is amended in Writ Petition and Affidavit as per the Court’s order dt.06.05.2025 vide order passed in lA No.2/2025) lA 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. 3 to 5 to dispossess the petitioners from the land being an extent of Ac. 0.05 Cents each respectively in Sy.No. 371 situated at Miduthuru Village, Khajipeta Mandal, YSR Kadapa District, pending disposal of the writ petition. (Prayer is amended as per the Court’s order dt.06.05.2025 vide order passed in lA No.2/2025) Counsel for the Petitioners: SRI P. NARASIMHULU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010057912025 jhE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.3604/2025 [3505] Between: Potlu Narayana and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.P NARASIMHULU Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following; ORDER:- The petitioners claim that they are landless poor persons and they are in occupation of an extent of Ac.0.05 cents each in Sy.No.371 of Miduthuru Village, Khajipeta Mandal, YSR Kadapa District. It is their further case their ancestors were also in possession and residing by erecting sheds in the said lands. It is the case of the petitioners that they are doing pottery works for their livelihood and incidentally they also used to store agricultural produce. 1. It is further case of the petitioner that the respondent Nos.3 to 5 came to be subject land on 23.01.2025 and directed the petitioners to vacate, otherwise they will dispossessed by using police force. It is further stated that despite producing relevant records in respect of the claims of the petitioners over the subject lands, the respondent Nos.3 to 5 continued to interfere with the possession of the petitioners without issuing any notice and without following due process of law. Questioning the said action, the present writ petition is filed. On the other hand, the Government Pleader for Revenue placed instructions dated 05.02.2025 furnished by the 4'^ respondent. The same is placed on record. 4. On perusal of the instructions, it is stated that the petitioners encroached into subject lands by placing haystacks. The subject lands are being used by potters since long time. It is further stated that on the complaint received from the villagers, respondents visited the subject lands and questioned the 2. 3. the petitioners as to why they are storing haystacks instead of making use of land for pottery works. It is further stated that even before initiating any action against the petitioners, they approached this Court by filing the instant writ petition. Taking into the consideration of the submissions made by both counsel, this Court feels that, it is appropriate to dispose of the writ petition by directing the respondents not to interfere with the possession of the petitioners in respect of subject lands except in accordance with law. 5. With the above observation, the writ petition is disposed of. No order as to costs. 6. As sequel the interlocutory applications, if any shall stand closed. Sd/- K. SRINIVASA^^RAJU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE !■ To, The PrihcipaLSecfetary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Revenue Divisional officer, YSR Kadapa District. 4. The Mandal Tahsildhar, Khajipeta Mandal, YSR Kadapa District. Panchayath Secretary, Miduthuru Gram Panchayat, Miduthuru 1. 5. The KHajipeta Mandal, YSR Kadapa District. 6. One CC to Sri P. Narasimhulu, Advocate [OPUC] 7. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUCl CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two 9. Three CD Copies. ssb 'Mr' HIGH COURT DATED:06/05/2025 ORDER WP.No.3604 of 2025 C 17 JUN 2n?5 ^ . Current aecuon 0», a DISPOSING OF THE W.P. WITHOUT COSTS