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2025 DAILYLAW 53568 (AP)

TALARI BASAVAIAH v. THE STATE OF ANDHRA PRADESH

WP/29304/2025 · 2025-11-23

D Ramesh

body2025

Judgment text

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DR,J WP.No.29304 of 2025 APHC010565822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29304 OF 2025 Between: 1. TALARI BASAVAIAH, S/o. Venkata Ratanam, Male, aged-59 years,Occ- Agriculture cooli, Schedule Caste, R/o.D.No.3-32, Patha Mupparru (V), Pedapadu (M), Eluru District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary to government (Revenue Department), A.P. Secretariat, Velagapudi. Amaravathi. Guntur District. 2. The District Collector, Eluru. Eluru District. 3. The Joint Collector, Eluru. Eluru District. 4. Revenue Divisional Officer, Collectorate Compound, Eluru. Eluru District. 5. The Tahsildar, Pedapadu (M), Pedapadu. Eluru District. 6. The Executive Director, West Godavari District Scheduled Caste S.C. Society Ltd., Eluru. Eluru District. 7. Valadasi Yesub, S/o. Yesupadam, R/o. Patha Mupparru (V), Pedapadu (M), Eluru District. DR,J WP.No.29304 of 2025 8. Valadasi Mariyamma, W/o. Yesbu, R/o. Patha Mupparru (V), Pedapadu (M), Eluru District. 9. Valadasi Nelaraju, S/o. Yesbu, R/o.Patha Mupparru (V), Pedapadu (M), Eluru District. 10. Valadasi Yesupadam, S/o. Yesbu, R/o.Patha Mupparru (V), Pedapadu (M), Eluru District. 11. K Sonthsamma, D/o. Valadasi Yesbu, R/oPatha Mupparru (V), Pedapadu (M), Eluru District. 12. B Marthamma, S/o. Valadasi Yesbu, R/o. Patha Mupparru (V), Pedapadu (M), Eluru 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 topleased to issue an appropriate Writ, order or orders or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents threatening to disposses off fish tank of an extent of Ac.0.42 cents in R.S.No.726/6H situated in Mupparru (V), Pedapadu (M), Eluru District as highly illegal. arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,21 and 300A Constitution of India and Consequently to direct the respondents not to disposses off fish tank of an extent of Ac.0.42 cents in R.S.No.726/6H situated in Mupparru (V), Pedapadu (M), Eluru District taking into consideration of Petititioner belongs to Scheduled Caste and landless poor person and agricultural cooli and unregistered sale deed dated 17-6-2010 and pass Counsel for the Petitioner: B P RAJU Counsel for the Respondents: GP FOR REVENUE DR,J WP.No.29304 of 2025 The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..to issue an appropriate Writ, order or orders or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents threatening to dispossess off fish tank of an extent of Ac.0.42 cents in R.S.No.726/6H situated in Mupparru (V), Pedapadu (M), Eluru District as highly illegal. arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,21 and 300A Constitution of India and Consequently to direct the respondents not to disposses off fish tank of an extent of Ac.0.42 cents in R.S.No.726/6H situated in Mupparru (V), Pedapadu (M), Eluru District taking into consideration of Petititioner belongs to Scheduled Caste and landless poor person and agricultural cooli and unregistered sale deed dated 17-6-2010 ….” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the official respondents. No representation on behalf of unofficial respondents, though notice was served. 3. Learned Assistant Government Pleader for Revenue appearing for respondents, on instructions, has submitted that the said land is a private/zeroyit land and the issue relates to title and possession which is a civil dispute and the revenue authorities have no authority or jurisdiction to adjudicate the civil dispute and they are not interfering in the civil dispute. DR,J WP.No.29304 of 2025 4. Considering the said submissions, the writ petition is disposed of directing the official respondents not to interfere in the civil dispute and petitioner is at liberty to approach competent civil court, if any, disputes with the unofficial respondents. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ________________ JUSTICE D RAMESH Date: 24.11.2025 Dvs DR,J WP.No.29304 of 2025 149 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29304 OF 2025 Date: 24.11.2025 Dvs