Pentakota Lova Nageswararao, v. The State of Andhra Pradesh
WP/29353/2021 · 2025-10-05
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51917 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51917 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010488262021
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29353/2021 Between:
1. PENTAKOTA LOVA NAGESWARARAO,, S/O LATE NOOKARAJU, AGED ABOUT 51 YEARS, R/O 19 VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR DISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE TAHSILDAR, KASIMKOTA MANDAL,
KASIMKOTA, VISAKHAPATNAM DISTRICT. Petition under Articl circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the actio at the instance of 3rd respondent in trying to dispossess the petitioner from plot of an extent of Ac. 0 Mandal, Visakhapatnam District, without issuing any notice under any Act i vogue and further taking steps to distribute house site pattas under NavaratnaluPedalandarikiIllu scheme as illegal, arbitrary, violative of principles of Natural Justice and Art. 21 of the Constitution of India and consequently desist the 3rd respondent and enjoyment of the land stated supra, and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29353/2021 PENTAKOTA LOVA NAGESWARARAO,, S/O LATE NOOKARAJU, AGED ABOUT 51 YEARS, R/O 19-9/8, GAVARAPETA, KASIMKOTA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR DISTRICT MAGISTRATE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. THE TAHSILDAR, KASIMKOTA MANDAL,
KASIMKOTA, VISAKHAPATNAM 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 topleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the staff of 3 Respondent at the instance of 3rd respondent in trying to dispossess the petitioner from plot of an extent of Ac.
0-06 cts in S.No. 11/1 of Kasimkota Village and Mandal, Visakhapatnam District, without issuing any notice under any Act i vogue and further taking steps to distribute house site pattas under NavaratnaluPedalandarikiIllu scheme as illegal, arbitrary, violative of principles of Natural Justice and Art. 21 of the Constitution of India and consequently desist the 3rd respondent and its staff not to interfere in petitioner possession and enjoyment of the land stated supra, and pass IN THE HIGH COURT OF ANDHRA PRADESH [3233]
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN PENTAKOTA LOVA NAGESWARARAO,, S/O LATE NOOKARAJU, 9/8, GAVARAPETA, KASIMKOTA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS REVENUE, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR DISTRICT MAGISTRATE, THE TAHSILDAR, KASIMKOTA MANDAL,
KASIMKOTA, ...RESPONDENT(S): e 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction, especially one in the n of the staff of 3 Respondent at the instance of 3rd respondent in trying to dispossess the petitioner from 06 cts in S.No. 11/1 of Kasimkota Village and Mandal, Visakhapatnam District, without issuing any notice under any Act in vogue and further taking steps to distribute house site pattas under NavaratnaluPedalandarikiIllu scheme as illegal, arbitrary, violative of principles of Natural Justice and Art. 21 of the Constitution of India and consequently and its staff not to interfere in petitioner possession
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W.P.No.29353 of 2021
IA NO: 1 OF 2021 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 rl respondent and its staff not to dispossess the petitioner from enjoyment of the land of an extent of Ac.
0-06 cts in S.No. 11/1 of Kasimkota Village and Mandal, Visakhapatnam District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:
1. T V JAGGI REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE
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W.P.No.29353 of 2021
The Court made the following ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the staff of the 3rd respondent at the instance of the 3rd respondent in trying to dispossess the petitioner from the plot to an extent of Ac. 0.06 cents in survey No.11/1 of Kasimkota Village & Mandal, Visakhapatnam District, without issuing any notice under any Act in vogue and further taking steps to distribute house site pattas under Navaratnalu Pedalandariki Illu Scheme. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the respondent authorities will follow the due procedure with respect to the subject land. 4. In view of the above said facts and circumstances, the respondent Nos.2 & 3 are directed to deal with the subject land in an extent of Ac. 0.06 cents in survey No.11/1 of Kasimkota Village & Mandal, Visakhapatnam District, strictly in accordance with law, if so warranted for any public purpose and if not already used for the above said purpose of the said scheme, and if the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits,
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and any dispossession from the subject land shall not be made except by following the due process of law. 5. Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN
06.10.2025 MDP