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2025 DAILYLAW 50017 (AP)

SHAIK SUBHAHAN v. THE STATE OF ANDHRA PRADESH

WP/31767/2025 · 2025-12-02

D Ramesh

body2025

Judgment text

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1 APHC010608482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31767/2025 Between: 1. SHAIK SUBHAHAN, S/O SHAIK KHASIM SAAB, AGED 61 YEARS, OCC AGRICULTURIST, R/O.D.NO.1-4, HASANAPURAM KASPA AND POST RAMAPURAM MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAMAPURAM REVENUE DIVISION, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, RAMAPURAM MANDAL, ANNAMAYYA DISTRICT ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31767 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <….to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering with my rights over the land in an extent of Ac.0.03 cents in Sy.No.1665 of Hasanapuram Village, Ramapuram Mandal, Annamayya District at the instance of the local political leaders to construct a Water Plant in the same without adhering to due process of law as arbitrary, illegal, colorable exercise of power and violative of fundamental and Constitutional rights guaranteed to us under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 not to interfere with my rights over the land in an land in an extent of Ac.0.03 cents in Sy.No.1665 of Hasanapuram Village, Ramapuram Mandal, Annamayya District….= 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 4 3. Learned Assistant Government Pleader appearing on behalf of the respondents has placed the instructions of the 4th respondent dated 16.11.2025. According to the said instructions, the subject land to an extent of Ac.0.03 cents is a Gramakantam land and based on the report of Village Revenue Officer, the said land has remained as a small pit where rainwater used to accumulate seasonally surrounded by bushes and there is no whisper with regard to the interference and they only inspected the land for limited purpose of identifying a feasible location for establishing a RO Water Plant for the drinking water needs of the village. 4. Considering the said submissions, as per the observations made by this Court in catena of judgments, if the land is pertained to the Gramakantam, the competent authority for all purposes is the Gram Panchayat only. In view of the same, as the subject land is pertaining to the Gramakantam, the respondents are directed not to interfere and not to dispossess the petitioner from the subject land. 5 5. Accordingly, the Writ Petition is disposed of leaving it open to the authority to take appropriate action through the Gram Panchayat. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 03.12.2025 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31767 of 2025 Dated: 03.12.2025 Ivd