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2025 DAILYLAW 54141 (AP)

PRAGADA VENKATA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/29941/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

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APHC010573632025 IN THE HIGH COURT OF ANDHRA TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29941/2025 Between: 1. PRAGADA VENKATA LAKSHMI, W/O MEDISETTI KANAKA RAJU, AGED ABOUT 29 YEARS, R/O D. NO. 30-52-9, PLOT NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. 2. MEDISETTI APPALA NAIDU, S/O NARASIMHA MURTHY, AGED ABOUT 48 YEARS, R/O D. NO. 30 NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. 3. MEDISETTI LAKSHMI, W/O MEDISETTI KANAKA RAJU, MOTHER GOLAGANI SANYASAMMA, AGED ABOUT 38 YEARS, D. NO. 30 STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (LAND ACQUISITION), SECRETARIAT, VELAGAPUDI, AMARAVATI, 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29941/2025 PRAGADA VENKATA LAKSHMI, W/O MEDISETTI KANAKA RAJU, AGED ABOUT 29 YEARS, R/O D. NO. 9, PLOT NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. MEDISETTI APPALA NAIDU, S/O NARASIMHA MURTHY, ABOUT 48 YEARS, R/O D. NO. 30-52-7/1, PLOT NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. MEDISETTI LAKSHMI, W/O MEDISETTI KANAKA RAJU, MOTHER GOLAGANI SANYASAMMA, AGED ABOUT 38 YEARS, D. NO. 30-52-7/2, PLOT NO. 596A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, VISAKHAPATNAM. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (LAND ACQUISITION), SECRETARIAT, VELAGAPUDI, AMARAVATI, [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE D RAMESH PRAGADA VENKATA LAKSHMI, W/O MEDISETTI KANAKA RAJU, AGED ABOUT 29 YEARS, R/O D. NO. 9, PLOT NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION COLONY, MEDISETTI APPALA NAIDU, S/O NARASIMHA MURTHY, 7/1, PLOT NO. 593A, KAPU STREET, APPIKONDA, VADLAPUDI, MEDISETTI LAKSHMI, W/O MEDISETTI KANAKA RAJU, MOTHER GOLAGANI SANYASAMMA, AGED ABOUT 38 . 596A, KAPU STREET, APPIKONDA, VADLAPUDI, REHABILITATION ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (LAND ACQUISITION), 2 2. THE SPECIAL DEPUTY COLLECTOR LA, VISAKHAPATNAM STEEL PLANT, VISAKHAPATNAM. 3. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION GVMC, REP. BY ITS ZONAL COMMISSIONER, GAJUWAKA, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P RAJASEKHAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29941 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..to issue Writ of MANDAMUS or any other appropriate writ, order or direction declaring the action of respondents in interfering with the peaceful possession of petitioner’s properties covered by Plot numbers nos. 596A, 593B, 593A situated at Sector-11, Vadlapudi, Rehabilitation Colony, Gajuwaka, Vishakapatnam District, Andhra Pradesh without giving any notice / opportunity as illegal, arbitrary, unconstitutional and violative of principles of natural justice and also violative of Art. 14, and 300-A of Constitution of India and consequently COMMAND the respondents not to interfere with peaceful possession and enjoyment of the property in the interest of justice….” 2. The petitioners were granted house site pattas under the compulsory acquisition for establishment of Visakhapatnam Steel Plant and under Rehabilitation Scheme in the year 2004 and since then they are in continuous possession of the properties. Now, the respondents without giving any notice and opportunity 4 are trying to dispossess the petitioners. Hence, the present writ petition. 3. Sri A.S.C.Bose, learned Standing Counsel appearing on behalf of the 3rd respondent-Greater Visakhapatnam Municipal Corporation (GVMC), on instructions, has submitted that as of now the GVMC is not interfering with the possession of the petitioners and they are not trying to dispossess the petitioners, but he has submitted that the authorities of the GVMC has made a request for removal of certain encroachments in those areas. 4. Learned Assistant Government Pleader appearing on behalf of the State, on instructions, has submitted that in fact the petitioners were not the original allottees. 5. At any cost pattas were granted in favour of the petitioners under the Rehabilitation Scheme and admittedly they are in possession. If at all if the authorities found that some encroachments or otherwise, they are entitled to initiate proceedings under the provisions of the Andhra Pradesh Land Encroachment Act or the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act and take appropriate action after 5 following due process of law. Till such time, the respondents are directed not to interfere and not to dispossess the petitioners from the subject properties. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 04.11.2025 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29941 of 2025 Dated: 04.11.2025 Ivd