Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51251 (AP)

N MALLIKARJUNA REDDY v. THE STATE OF ANDHRA PRADESH

WP/34018/2025 · 2025-12-07

D Ramesh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010652462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34018/2025 Between: 1. N MALLIKARJUNA REDDY, S/O. NAGIREDDY, AGED 49 YEARS, OCCU: EX-SERVICE MEN, R/O. D.NO.58/7, CHIPPILI VILLAGE, BANGALORE ROAD, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE REVENUE DIVISION, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. 5. THE MANDAL SURVEYOR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): 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 WRIT OF MANDAMUS declaring the action of respondents, particularly respondent No. 4 and 5 in insisting petitioner to vacate from his landed property admeasuring an extent of Ac. 2.38 cents in Sy.No. 326/1A1 of -2- W.P.No.34018 OF 2025 Date of order:08.12.2025 Chippili Revenue Village in Madanapalle Mandal of Annamayya District, at the instance of local political leaders, without following any known procedure established by law, as illegal, irrational, without any authority of law or sanction of law, violative of Principles of Natural Justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners peaceful possession and enjoyment over his said landed property nor grant assignment patta to any third parties and pass IA 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 pleased to direct the respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment over his landed property admeasuring an extent of Ac. 2.38 cents in Sy.No. 326/1A1 of Chippili Revenue Village in Madanapalle Mandal of Annamayya District nor grant assignment patta to any third parties, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. KATTA SUDHAKAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P.No.34018 OF 2025 Date of order:08.12.2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.34018 OF 2025 ORDER: 1. The writ petition is filed to declare the action of the respondents, particularly respondents 4 and 5, in insisting the petitioner to evict him from the land/ property admeasuring Ac.2.38 cents in Survey No. 326/A1 of Chippili Revenue Village, Madanapalli Mandal, Annamayya District, as illegal and arbitrary. 2. The contention of the petitioner is that he is an ex-serviceman. Considering the application made by him, an extent of Ac.5.00 of land situated in Chippili Revenue Village was assigned to him for cultivation purposes, and he has been in possession of the subject land ever since. The petitioner further alleges that the respondents, without issuing any notice or following due process of law, are interfering with his possession and are attempting to evict him on the pretext of allotting house site pattas to third parties. 3. The learned Government Pleader for Revenue, appearing for the respondents, on written instructions, submits that there is no proposal to allot house sites over the subject property. 4. Considering the aforesaid submission, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner and not to dispossess the petitioner. However, the -4- W.P.No.34018 OF 2025 Date of order:08.12.2025 respondents are at liberty to take appropriate action, if required, strictly in accordance with law. No costs. 5. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. __________________ JUSTICE D.RAMESH BV