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High Court of Andhra Pradesh · body

2025 DAILYLAW 55598 (AP)

B NARASAIAH v. THE STATE OF AP

WP/28815/2025 · 2025-11-30

D Ramesh

body2025

Judgment text

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APHC010553022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28815/2025 Between: 1. B NARASAIAH, S/O. LATE VENKATAIAH, AGED ABOUT 75 YEARS OCC. AGRICULTURE, R/O.GOLLAPALLI VILLAGE, ELLAMANDA POST, YERRAVARIPALEMMANDAL, TIRUPATHI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT, 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT. 4. THE TAHSILDAR, YERRAVARIPALLI MANDAL. TIRUPATI, TIRUPATI DISTRICT, 5. THE VILLAGE REVENUE OFFICER, GOLLAPALLI VILLAGE, YERRAVARIPALLI MANDAL TIRUPATI DISTRICT. 6. THE STATION HOUSE OFFICE, ELLAMANDA PEDHA GOLLAPALLI VILLAGE, YERRAVARIPALEM MANDAL, CHITTOOR DISTRICT. 7. NARSAMMA, W/O.SUNDARIAH, AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O. ELLAMANDA PEDHAGOLLAPALLI VILLAGE, YERRAVARIPALEM MANDAL, CHITTOOR DISTRICT. DR,J W.P No.28815 of 2025 2 8. SAMPURNA, , W/O. G.VENKATARAMANA, AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O. ELLAMANDAPEDHAGOLLAPALLI VILLAGE, YERRAVARIPALEMMANDAL, CHITTOOR DISTRICT. 9. PUSHPAVATHI, W/O. K.SUNDAIARAIH, AGED ABOUT 35 YEARS, OCC AGRICULTURE, R/O. ELLAMANDAPEDHAGOLLAPALLI VILLAGE, YERRAVARIPALEM MANDAL, CHITTOOR 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 4 to 6 in interfering with petitioner rights over the land assigned to the petitioner in an extent of Ac. I .75 Cents in Sy. No. 139/ lA of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District, at the instance of the respondents No.7 to 9 under the guise of issuance of Notice, dated 28-04-2025 without petitioner ntioning any provision of law under which the same is being issued, stating that the same is required for public purpose as arbitrary, illegal, colorable exercise of power, and well established legal principles, apart from being voilative of fundamental and Constitutional Rights guaranteed to petitioner under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.4 to 6 not to interfere with petitioner rights over the land in an extant of an Ac. I .75 Cents in Sy. I .75 Cents in Sy. No. 139/1A of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District at the instance of the respondents No.7 to 9 without following due process of law 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 respondents No. 4 to 6 not to disposes the petitioner from the land in an extant of an Ac. I .75 Cents in Sy. No. 139/ lA of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District at the instance of the respondents No.7 to 9 without following due process of law pending disposal of the above Writ Petition and pass DR,J W.P No.28815 of 2025 3 Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE DR,J W.P No.28815 of 2025 4 The Court made the following Order: The writ petition is filed seeking to declare the action of the respondent Nos.4 to 6 in interfering with the petitioner rights over the land assigned to the petitioner in an extent of Ac.1.75 cents in Survey No.139/1A of Ellamanda Village fields, Yerravaripalem Mandal, Tiruputi District at the instance of the respondent Nos.7 to 9 as illegal and arbitrary and for the consequential directions. 2. As the official respondents have tried to dispossess the petitioner, the petitioner approached this Hon’ble Court in W.P No.2676 of 2025. The said writ petition was disposed of on 05.02.2025, directing the respondents not to dispossess the petitioner from the subject property without following the due process of law. 3. Subsequent to the said directions, the respondents have issued notice dated 28.04.2025, directing the petitioner to appear in person before the respondent No.4 on 06.05.2025 along with the records. Basing on the above said notice, the petitioner has also submitted an explanation to the authorities. Despite the same, at the instance of the respondent Nos.7 to 9, the official respondents are then interfering with the petitioner’s possession. Hence, the writ petition. 4. The learned Government Pleader has furnished a copy of the written instructions of the respondent No.4 dated 17.10.2025, wherein it is stated that the land in Survey No.139 to an extent of Ac.36.65 cents stand classified in the name of “Gayalu” (Grazing land) as per the entries in the A-Register, no assignments were granted in the said survey number. But on verification of webland records, it is found that the land in Survey No.139/1B to an extent of Ac.1.80 cents reflects the petitioner’s name in the online data. No supporting documents are forthcoming. The respondents are only trying to correct the revenue records and for that reason, they have issued notices to the DR,J W.P No.28815 of 2025 5 petitioner, in fact, the respondents are not interfering with the possession and enjoyment of the petitioner. 5. Under the said circumstances, this Writ Petition is disposed of, directing the respondents not to dispossess the petitioner from the subject land and if at all, the respondents found any irregularities, the respondents may pass appropriate orders based on the explanation submitted by the petitioner. Till such time, the respondent shall not dispossess or interfere with the petitioner’s possession. 6. Accordingly, this writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D RAMESH Date:01.12.2025 Ksj