Namburu Koteswara Rao, v. The State of Andhra Pradesh
WP/25488/2020 · 2025-09-24
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53941 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53941 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010382582020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25488/2020 Between:
1. NAMBURU KOTESWARA RAO,, S/ O.YOHAN, AGED 39 YEARS, CULTIVATION, R/O.DOOR NO.25-71, NAMBURU VILLAGE, PEDA KAKANI MANDAL, GUNTUR DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT., GUNTUR. 3. THE REVENUE DIVISIONAL OFFICER, PEDA. KAKANI, GUNTUR DISTRICT. 4. THE TAHSILDAR, PEDA KAKANI MANDAL, GUNTUR 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 more particularly one in the nature of Writ of Mandamus declaring the action on the part of the Respondents in high handedly interfering with the agricultural land in possession of the Petitioner's family i.e., an extent of Ac.1-44 cents in D.No.281/2 of Namburu Village, Pedakakani Mandal, Guntur District, without issuing any notice of such intention to take the land, and still leveling the land despite the complaints of the Petitioner and other family members in
2
BKM,J
W.P.NO.25488 OF 2020 Spandana on 02-3-2020 and on 09-3-2020 to the 3rd Respondent, but still the Respondents proceeding with their work to distribute the said land as house site pattas under Navaratnalu-Pedalandariki illu scheme, is nothing but high handed, illegal, unlawful and unreasonable and in violation of the Principles of Natural Justice and Fundamental Rights of the Petitioner under Article 300-A of the Constitution of India, by consequently directing the respondents not to distribute the land of the Petitioner and his family members i.e., an extent of Ac.1-44 cents in D.No.281/2 of Namburu Village, Pedakakani Mandal, Guntur District, and not to dispossess the Petitioner and his family members from the above said land, except under due process of law, and pass IA NO: 1 OF 2020 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 Grant Interim Orders of Direction directing the respondents not to distribute the land of an extent of Ac.1-44 cents in D.No.28 1 /2 of Namburu Village, Pedakakani Mandal, Guntur District, to any third parties, either in Navaratnalu Pedalandariki Illu Scheme or under any other scheme, in possession of the Petitioner, until further orders of this Hon'ble Court, pending disposal of Writ Petition and pass Counsel for the Petitioner:
1.
P RAJESH BABU Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
3
BKM,J
W.P.NO.25488 OF 2020 ORDER
No representation for the petitioner. 2. Heard the learned Assistant Government Pleader for the respondent Nos.1 to 4. 3. This writ petition was filed questioning the action on the part of the Respondents in high handedly interfering with the agricultural land in possession of the Petitioner's family i.e., an extent of Ac.1-44 cents in D.No.281/2 of Namburu Village, Pedakakani Mandal, Guntur District, without issuing any notice of such intention to take the land, and still leveling the land despite the complaints of the Petitioner and other family members in Spandana on 02-3-2020 and on 09-3-2020 to the 3rd Respondent, but still the Respondents proceeding with their work to distribute the said land as house site pattas under Navaratnalu-Pedalandariki illu scheme. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 24.09.2025 submits that the subject land was already utilized for the above said purpose of housing scheme and beneficiaries also constructed the houses. 4. The copy of the instructions of the 4th respondent shall be made as part of the Court record. 4
BKM,J
W.P.NO.25488 OF 2020
5. In view of the above said facts and circumstances, no further orders are required in this writ petition. 6. Accordingly, this 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
25.09.2025 LSP
5
BKM,J
W.P.NO.25488 OF 2020
238
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 25488/2020
25.09.2025 LSP