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2025 DAILYLAW 51015 (AP)

DAKKILI MURALI REDDY v. THE STATE OF ANDHRA PRADESH

WP/11344/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV/^f (Special Original Jurisdiction) - ^' ^ THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11344 OF 2025 Between: Dakkili Murali Reddy, S/o Bala Krishna Reddy, Aged about 45 years Dakkili Village and Mandal, Tirupathi District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District. 3. The Tahsildar, Dakkili Village and Mandal, Tirupathi 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 orders, more particularly one in the nature of a Writ of mandamus declaring the action of the respondents in interfering with peaceful possession and enjoyment of petitioners agricultural land with an extent of Ac 1.00 comprised in SY No. 258/1 of Dakkili Village and Mandal, Tiruapthi District as illegal arbitrary and unconstitutional and consequently direct the respondents not to dispossess the petitioner from their agricultural land with an extent of Ac 1.00 comprises in Sy No. 258/1 of Dakkili village and mandal, Tirupathi District. 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 not to dispossess the petitioner from their agricultural land with an extent of Ac. 1.00 comprises in Sy.No. 258/1 of Dakkili village and mandal, Tirupathi district without following due of law in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: r process * <1- APHC01O222672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ¥ [3329] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11344/2025 Between: Dakkili Mural! Reddy ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11344/2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner’s agricultural land admeasuring to an extent of Ac.1.00 cents in Sy.No.258/1 situated at Dakkili Village and Mandal, Tirupathi District, without following due process of law as illegal and arbitrary: consequently direct the respondents not to dispossess the petitioner from the subject land. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.1.00 cents in Sy.No.258/1 situated at Dakkili Village and Mandal, Tirupathi District, having acquired the same from his ancestors. Since the date of acquisition, the petitioner has been in peaceful possession and enjoyment of the subject property. While things stood thus, the respondents issued impugned notice dated 13.03.2025 stating that the petitioner herein along with some of the villagers have occupied and cultivating the subject land, which is utilized as a burial ground and further directed the petitioner to appear before respondent No.3 for enquiry on 29.03.2025. For which, the petitioner herein submitted a representation/ explanation dated 02.04.2025 stating that the 2. 3. an A petitioner is cultivating the subject land since 20 years, erstwhile, the villagers utilized a part of the subject land as burial ground and as there is hindrance for ingress and egress the said burial ground was shifted to another place. Without considering the said representation/ explanation, the respondents are threatening the petitioner to vacate the subject land without following due process of law. Aggrieved by the same, the petitioner herein filed the present writ petition. On the other hand, learned Government Pleader for Revenue appearing 4. for the respondents submits that the representation/ explanation dated 02.04.2025 submitted by the petitioner pursuant to the notice dated 13.03.2025 would be considered by the respondents, within a reasonable time, in accordance with law. Having regard to the submissions made by the learned counsel for the 5. petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the representation/ explanation dated 02.04.2025 submitted by the petitioner pursuant to the notice dated 13.03.2025 issued by the respondents and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months from the date of receipt of a copy of this order. Till then, status quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property. / 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR f^rOmcE //TRUE COPY// SECT To, 1. The PrI. Secretary Revenue Department, State of Andhra Pradesh A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Tirupathi, Tirupathi District. The Tahsildar, Dakkili Village and Mandal, Tirupathi District. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CD Copies 2. 3. 4. 5. 6. RAM HIGH COURT DATED:01/05/2025 1 ORDER WP.No.11344 of 2025 DISPOSING OF THE WP WITHOUT COSTS