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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11753 OF 2025 Between: V Kondaiah, S/o. V Rosanna, Aged 63 years, Occ Retd. Govt Employee, R/o. D.NO.20-199-B1, Hanumesh Nagar, Guntakal - 515 801, Andhra Pradesh. ...PETITIONER AND The State Of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravati, Guntur District, t.
1. 2. the District Collector, Kurnool, Kurnool District. The Joint Collector, Kurnool, Kurnool District. 3. 3. The Revenue Divisional Officer, Pathikonda Revenue Division Chippagiri Revenue Village Mandal, Kurnool District
4. The Thasildhar, Chippagiri Mandal, Kurnool District. 5. The General Manager, South Central Railway,3rd Floor, Rail Nilayam, S.D. Road, Secunderabad - 520025. 6. > . Construction, South Central Railway,
7. The Chief Engineer Guntakal, Kurnool District. 8. The Deputy Chief Engineer, Construction, South Central Railway. Guntakal, Kurnool District. r ...RESPONDENTS 226 of the Constitution of India praying in the affidavit filed therewith, the the action of the of the Petition under Article that in the circumstances stated in be pleased to declaring interfere with the possession High Court may respondents in trying to petitioner's lands admeasuring Ac. 1.52 cents in Sy.No.781. Ac.0.1 cents in Sy.No.782/2and Ac.0.86 cents in Sy.No.784/B3, tota admeasuring Ac.2.52 Cents of Chippagiri Viilage Mandal. Kurnool Of Article 14, 21 and 300-A District as illegal, arbitrary and violative Constitution of the India : not to dispossess the petitioner Ac. 1.52 cents in Sy.No.781, and consequently direct the from the lands Ac.0.14 cents in of the respondents admeasuring Sy.No.782/2 and Ac.0.86 cents in Sy.No.784/B3, total admeasuring Mandal, Kurnool District without Ac.2.52 cents of Chippagiri Village following due process of law.* lA NO: 1 OF 2025 that in the under Section 151 CPC praying Petition circumstances stated in the affidavit filed in support of the petition, pleased direct the respondents not to lands admeasuring Ac. 1.52 cents in the High Court may be interfere with the petitioners Sy.N0.781, Ac.0.14 cents in Sy.No.782/2 and Ac.0.86 cents in Sy.No.784/B3, total Ac.2.52cents of Chippagiri Viilage & Mandal, Kurnool District without following due process of law pending disposal of the above writ petition
Counsel for the Petitioner; SRI.
G R SUDHAKAR Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: t i
APHC010229302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m3 [3329] m MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11753/2025 Between: V Kondaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.G RSUDHAKAR Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
xy The Court made the following: This writ petition is filed under Article 226 of the Constitution of India claiming the following relief;
1. declare the action of the respondents in trying to interfere with to the possession of the petitioner lands admeasuring Ac. 1.52 cents Ac.0.14 cents in Sy.No.782/2 and Ac.0.86 cents in in Sy.No.781 Sy.No.784/B3, total admeasuring Ac.2.52 Cents of Chippagiri Village Mandal, Kurnool District as illegal, arbitrary and violative of and 300-A of the Constitution of the India and Article 14, 21 the respondents not to dispossess the consequently direct petitioner from the lands admeasuring Ac. 1.52 cents in Sy.No.781, Ac.0.14 cents in Sy.No.782/2 and Ac.0.86 cents in Sy.No.784/B3, total admeasuring Ac.2.52 cents of Chippagiri Village Mandal, Kurnool District without following due process of law’
learned counsel for the petitioner, without touching the
2. During hearing merits of the case, requested this Court to issue a direction to the respondents from his land without following due process of not to dispossess the petitioner law. Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders.
3. Learned Assistant
4. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.'”. Therefore, if the petitioner in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by following due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs.
5.
6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. *■- T 2004 (1)SCC 769 Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To,
1. The Principal Secretary, Revenue Department, Secretariat Amaravati, Guntur Districtt.
2. The District Collector, Kurnool, Kurnool District.
3. The Joint Collector, Kurnool, Kurnool District.
4. The Revenue Divisional Officer, Pathikonda Revenue Division Chippagiri Revenue Village Mandal, Kurnool Distric
5. The Thasildhar, Chippagiri Mandal, Kurnool District.
6. The General Manager, South Central Railway,3rd Floor, Rail Nilayam, S.D. Road, Secunderabad - 520025.
7. The Chief Engineer, Construction, South Central Railway Guntakal, Kurnool District. i . :•,
8. The Deputy Chief Engineer, Construction, South Central Railway Guntakal, Kurnool District.
9. One CC to Sri. G R Sudhakar Advocate [OPUC]
10. Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT]
11. Three CD Copies vna
HIGH COURT DATED;05/05/2025
ORDER WP.No.11753 of 2025 ' 0 <1 JUL 2025^ S^^untntSectionXW DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS