Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) > WEDNESDAY. THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2676 OF 2025 Between: B. Narasaiah, S/o. Late Venkataiah, Aged about 75 years, occ: Agriculture, R/o.Gollapalli Village, Ellamanda Post, Yerravaripalem Mandal, Tirupathi District. ...PETITIONER AND
1. The State of Andhra Pradesh, 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, Yerravaripalem Mandal, Tirupati 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 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 and 5 in interfering with petitioner rights over the land assigned to me in an extent of Ac. 1.75 Cents in Sy. No. 139/1A of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District, stating that the same is required for public purpose without putting petitioner on notice or following due process of law 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 consequently direct the respondents No.4 and 5 not to interfere with petitioner rights over the land in an extent of Ac. 1.75 Cents in Sy. No. 139/1A of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District. and lA 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 to direct the respondents No.4 and 5 not to disposes petitioner from the land in an extent of Ac.1.75 Cents in Sy. No.139/1A of Ellamanda Village fields, Yerravaripalem Mandal, Tirupati District, belong to petitioner without following due process of law pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. S. PARINEETA Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER
APHC010049682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B:i!0 [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2676/2025 Between: B Narasaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.S PARINEETA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 • \/ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2676/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reiiefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of declaring the action of the respondent Nos. 4 and 5 in interfering with petitioner’s rights over the land assigned to the petitioner in an extent of Ac. 1.75 Cents in Sy. No. 139/1A of Ellamanda Village fields, Yerravarlpalem Mandal, Tirupati District, stating that the same is required for public purpose without putting the petitioner on notice or following due process of law as arbitrary, illegal, colorable exercise of power and well established legal principles, apart from being violative 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 respondent Nos. 4 and 5 not to interfere with petitioner’s rights over the land in an extent of Ac.1.75 Cents in Sy.No.139/1A of Ellamanda Village fields, Yerravarlpalem Mandal, Tirupati District and pass such other order. ”
2. Heard the
learned counsel for the petitioner and the learned Government Pleader for the respondents.
3. Learned counsel for the petitioner submits that the land admeasuring to an extent of Ac.1.75 cents in survey No.139/1A of Ellamanda Village Fields, Yerravarlpalem Mandal, Tirupati District t was originally assigned to the petitioner’s father. After the demise of the petitioner’s father, the petitioner has been in peaceful possession and enjoyment of the subject property. The name of the petitioner was mutated in the revenue records and pattadar passbook and title
3 deed were also issued in favour of the petitioner. While so, respondent Nos.4 and 5 without issuing any notice and without following due process of law are interfering with the petitioner’s peaceful possession and enjoyment of the subject property. Hence, the present Writ Petition.
4. Learned Government Pleader for the respondents submits that in the event of dispossession of the petitioner from the subject property, the respondents will follow due process of law.
5. Having regard to the
submissions made by both the
learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents not to dispossess the petitioner from the subject property without following due process of law.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- N. NAGAMMA assistant registrar tteBToFFICER //TRUE COPY// SEC To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, 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,
4>
5. The Village Revenue Officer, Gollapalli Village, Yerravaripalem Mandal, Tirupati District.
6. One CC to M/s. S. Parineeta, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. ssb
4* HIGH COURT \ DATED:05/02/2025
ORDER 13 FEB 2025 ^ . Curreru aeciion of % WP.No.2676 of 2025 O.
DISPOSING OF THE W.P. WITHOUT COSTS