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2025 DAILYLAW 49437 (AP)

Nalamothu Srinivasa Rao, v. State of Andhra Pradesh,

WP/11716/2020 · 2025-09-22

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010182962020 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: 11716/2020 Between: 1. NALAMOTHU SRINIVASA RAO,, S/O VENKATESWARLU, AGED 59 YEARS, OCC. CULTIVATION, R/O.H.NO. 3-30/1, PADAMATI THAKKELLAPADU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE, 3. REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION, ONGOLE CITY, PRAKASAM DISTRICT. 4. TAHSILDAR, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. 5. STATION HOUSE OFFICER, SANTHANUTHALAPADU VILLAGE AND MANDAL, PRAKASAM DISTRICT. 6. PADAMATI THAKKELLAPADU, REP.BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, PADAMATI THAKKELLAPADU VILLAGE, SANTHANUTHALAPADU MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. KOLLURI ARJUN CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondents in insisting the petitioners to vacate from landed property of Ac.0.60 cents in new Survey Number 67 situated in Padamati Thakkellapadu Revenue Village of Santhanuthalapadu Mandal in Prakasam District under the guise of proceedings in RC.Dt.326/2020, dated 29.06.2020 issued by the 4th respondent and consequential action of the respondents in taking steps to distribute the petitioners’ said land as house sites under Navaratnalu Pedalandariki Illu Scheme to the weaker sections. 3. The petitioner is aggrieved by the proceedings dated 29.06.2020 on the ground that the petitioner encroached upon the Gramakantam (Poramboke) land as detailed in the said notice and called for an explanation to the said notice. Questioning the same, this writ petition is filed. 4. The learned counsel for the petitioner submits that over the Gramakantam (Poramboke) land the 4th respondent will not have any right to issue such notice and also it is vested with the Government. 5. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4th respondent, submits that if the petitioner submits an explanation to it, the same would be considered by the 4th respondent by following the due procedure. 4 6. In view of the above said facts and circumstances, the petitioner is permitted to submit an explanation by enclosing all the necessary documents in support of his claim to the above said notice dated 29.06.2020 within a period of four (04) weeks from the date of receipt of copy of this order. The 4th respondent shall proceed with the necessary enquiry, giving due opportunity of hearing to all the parties concerned including the petitioner and the other respondents and upon verification of the records and the subject land, an appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained in respect of the subject land covered under the impugned notice dated 29.06.2020. 7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim orders, if any, stands vacated. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.09.2025 PNS