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2025 DAILYLAW 51855 (AP)

V JAYARAMI REDDY v. The State of Andhra Pradesh

WP/10511/2025 · 2025-04-23

Challa Gunaranjan

body2025

Judgment text

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APHC010292502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ (SPECIAL ORIGINAL JURISDICTION) 4' a- •O I MONDAY,THE TWENTY THIRD DAY OF JUNE ef TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14489 OF 2025 -■I 'P f ' *J 'f -V w t/ Between: 1. Naina Setty Aruna, W/o. Sridhar, Aged 50 Years, Occ Cultivation, Rio. D.No.1-121, Punganur Road, Kallur, Chittoor District. 2. Naina Setty Krishnavenamma, W/o. Krishnayya Setty, Aged 64 Years, Occ Cultivation, R/o. D.No.1-99, Punganur Road, Kallur, Chittoor District. 3. Naina Setty Jaya Sree, W/o. Reddy Prakash, Aged 49 Years, Occ Cultivation, R/o. D.No.1-99/1, Punganur Road, Kallur, Chittoor District. ...Petitioner(S) 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, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Palamaner Revenue Division, Palamaner, Chittoor District. 4. The Tahsildar, Pulicherla Mandal, Chittoor 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 4th respondent in insisting petitioners to vacate from their agricultural landed property admeasuring an _ . i-vCQH extent of Ac.4.05 cents in Sy.No.175/3 Ac.0.58 cents in Sy.No.375/1 Ac.4.05 cents in Sy.No.175/1 and Ac.4.05 cents in Sy.No.175/2 of Venkata Dasari Palli Revenue Village in Pulicherla Mandal of Chittoor District at the instance of local political leaders, without issuing any notice or following due process as mandated by law, as illegal, irregular, irrational, without jurisdiction and violative of principles of Natural Justice and offends Articles 14, 21 and 300-A of the Constitution of India and interfere in any manner with aforesaid lands. consequently direct the respondents not to petitioners possession and enjoyment of lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere in any manner with petitioners possession and enjoyment of their agricultural landed admeasuring an extent of Ac.4.05 cents in Sy.No. 175/3; Ac.0.58 cents i Sy.No.375/1, Ac.4.05 cents in Sy.No.175/1 and Ac.4.05 cents in Sy.No.175/2 of Venkata Dasari Palli Revenue Village in Pulicherla Mandal of Chittoor District,-pending disposal of the main Writ Petition. property in Counsel for the Petitioner{S): SRI RAJENDRA C Counsel for the Respondent(S): GP FOR REVENUE The Court made the following: ORDER 'APHC010292502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14489 OF 2025 Between: Naina Setty Aruna, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.RAJENDRAC Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: % THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14489 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of 4 respondent in insisting petitioners to vacate from their agricultural landed property admeasuring an extent of Ac. 4.05 cents in Sy.No. 175/3, Ac 0.58 cents in Sy.No.375/1; Ac 4.05 cents in Sy.No. 175/1 and Ac.4.05 cents in Sy.No. 175/2 of Venkata Dasari Pain Revenue Village in Pulicherla Mandal of Chittoor District at the instance of local political leaders without issuing any notice or following due process as mandated by law as illegal, irregular, Irrational, without jurisdiction and violative of principles of Natural Justice and offends Articles 14, 21 and 300-A of the Constitution of India and conseguently direct the respondents not to interfere in any manner with petitioners possession and enjoyment of aforesaid lands and pass such other orders. ” th 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue, for the respondents. 3. Learned counsel for the Petitioners would submit that the Petitioners were assigned the agricultural lands admeasuring an extent of Ac. 4.05 cents in Sy.No.175/3; Ac. 0.58 cents in Sy.No.375/1; Ac. 4.05 cents in Sy.No. 175/1 and Ac. 4.05 cents in Sy.No.175/2 of Venkata Dasari Palli Revenue Village, Pulicherla Mandal, Chittoor District under DKT Pattas respectively by the Revenue Authorities. % Since then, the Petitioners are in possession and enjoyment of the same. In recognition of their possession, the Revenue Authorities also mutated their names in the web land records and issued Pattadar Pass Books and Title Deeds in favour of the Petitioners respectively. While so, during third week of March, 2025, the Respondent No.4 and his staff started measuring the subject land without issuing any notices and directing the petitioners to vacate the subject land. The Petitioners have submitted their documents of title and requesting not to interfere with their possession, but the Respondents are attempting to evict the petitioners. Hence, the present Writ Petition came to be filed. 4. On the other hand, learned Government Pleader for the Revenue for the Respondents placed on record the Written Instructions dated 19.06.2025 issued by the 4**" respondent, wherein it is stated that the Respondent No.4 directed the petitioners to attend in-person along with connected records for conducting enquiry. Further, stated that the Respondents have never dispossession and never tried to evict the petitioners from their possession in respect of the subject land. The Petitioners without submitting the documents as required before the Respondent No.4 has approached this Court. 5. Learned Government Pleader for the Respondents further submits that still the enquiry is under process, if the Petitioners co-operate with the enquiry, the Respondent Authorities will provide opportunity of hearing to the Petitioners and pass appropriate orders, after conducting enquiry in accordance with law. 6. Having regard to the submissions made by the learned for the Petitioners and the learned Respondents and counsel Government Pleader for the on perusal of the written instructions issued by the Respondent No.4, this Court deems it appropriate to dispose of the Writ Petition directing the Petitioners to submit explanations/objections along with the relevant documents to prove their title before the Respondent No.4 on 14.07.2025. Upon such submissions by the Petitioners the Respondent shall consider and with law. In the meanwhile, the Respondents interfere with the possession and enjoyment of the Petitioners subject property. pass appropriate orders in accordance are directed not to over the 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, pending if any, shall stand closed. Sd/- B. PRASADA RAO assistant registrar //TRUE COPY// FICER SECTION To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District at Chittoor. % 3. The Revenue Divisional Officer Chittoor District. 4. The Tahsildar, Pulicherla Mandal. 5. One CC to SRI. RAJENDRA C Advocate 6. Two CCs to GP FOR REVENUE, Amaravati,[ OUT] 7. Two CD Copies Palamaner Revenue Division, Palamaner Chittoor District. [OPUC] High Court of Andhra Pradesh at nm r % HIGH COURT DATED:23/06/2025 \ \ ORDER WP 14489/2025 g( 2^ OCT 2025 JTI Co ^^vCurrentSectioiiXW DISPOSING OF THE WP WITHOUT COSTS