Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 55298 (AP)

NAGALLA VENKATESWARLU v. THE STATE OF ANDHRA PRADESH

WP/25293/2025 · 2025-09-17

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010491672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25293/2025 Between: 1. NAGALLA VENKATESWARLU, S/O. NAGALLA RAMAIAH, AGED ABOUT 40 YEARS, OCC CULTIVATION, R/O.KOTHAPALLI KOWRUGUNTA VILLAGE AND POST, SUNNAPU BATTI, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3. REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 4. TAHSILDAR, DAGADARTHI MANDAL, SPSR NELLORE 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 of respondents, particularly the 4th respondent in insisting the petitioner to vacate from his agricultural landed property admeasuring with an extent of Ac.0.70 Cents covered by Survey No. 269, Ac.0.20 cents Covered by Survey No. 271 and Ac. 1.30 cents Covered by survey No. 272 and all the said extents situated at Kothapalli Kowrugunta Village in Dagadarthi Mandal of SPSR Nellore District, without issuing any notice to petitioner and without following any known procedure established by law and declare the same as illegally, arbitrary and unconstitutional, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th respondent not to interfere with petitioner's peaceful possession and enjoyment in respect to the aforesaid agricultural landed property and pass IA NO: 1 OF 2025 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 4th respondent not to interfere with petitioner’s peaceful possession and enjoyment in respect to the agricultural landed property admeasuring with an extent of Ac.0.70 Cents covered by Survey No. 269, Ac.0.20 cents Covered by Survey No. 271 and Ac. 1.30 cents Covered by survey No. 272 and all the said extents situated at Kothapalli Kowrugunta Village in Dagadarthi Mandal of SPSR Nellore District, in the interest of justice, in pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25293 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly the 4th respondent in insisting the petitioner to vacate from his agricultural landed property admeasuring with an extent of Ac.0.70 Cents covered by Survey No. 269, Ac.0.20 cents Covered by Survey No. 271 and Ac. 1.30 cents Covered by survey No. 272 and all the said extents situated at Kothapalli Kowrugunta Village in Dagadarthi Mandal of SPSR Nellore District, without issuing any notice to petitioner and without following any known procedure established by law and declare the same as illegally, arbitrary and unconstitutional, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 4th respondent not to interfere with petitioner's peaceful possession and enjoyment in respect to the aforesaid agricultural landed property and pass…” 2. The above writ petition is filed to declare the action respondent No.4 in insisting the petitioner to vacate from the agricultural land in an extent of Ac.0.70 cents in Sy.No.269, Ac.0.20 cents in Sy.No.272 and Ac.1.30 cents in Sy.No.272 and all the extents are situated at Kothapalli Kowrugunta Village, Dagadarthi Mandal, SPSR Nellore District, without issuing any notice to the petitioner and without following any known procedure established by law and declare the same as illegal and arbitrary. 3. It is asserted in the affidavit that the petitioner is a land less poor person and made an application to respondent No.4 for assignment of land in favour of the petitioner. Respondent No.4 granted D-Form Patta in the name of petitioner vide File No.13/1412, dated 04.12.2002, by duly following the procedure established under law. The present writ petition is filed not to evict from the agricultural land, without following due procedure of law. 4. Learned Assistant Government Pleader has placed the written instructions dated 16.09.2025 addressed by the Tashildar, Dagadarthi Mandal. The written instructions indicate that the Tahsildar is not currently interfering with the possession of the petitioner and has not issued any notice to the petitioner. If any action becomes necessary, the Tahsildar will adhere to established legal procedures and laws. 5. In pursuant to the written instructions, the present Writ Petition is disposed of, directing the respondent No.4 not to interfere with the petitioner’s possession over the subject property, without following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 18.09.2025 TVN 66 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25293 OF 2025 Date: 18.09.2025 TVN