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2025 DAILYLAW 59212 (AP)

M SHAFI v. THE STATE OF ANDHRA PRADESH

WP/34260/2025 · 2025-12-28

D Ramesh

body2025

Judgment text

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1 APHC010656532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34260/2025 Between: 1. M. SHAFI, S/O. PAKIR MAHAMMAD, AGE 55 YEARS, R/O T. SOMALAGUDUR VILLAGE, NANDAVARAM MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 3. THE TAHSILDAR, MANDAL REVENUE OFFICE, NANDAVARAM, KURNOOL DISTRICT 4. THE STATION HOUSE OFFICER, NANDAVARAM P.S., KURNOOL 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 to Issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the Respondents in interfering with peaceful possession and enjoyment in respect of land to an extent of admeasuring Ac.3-50 in Survey Nos.43-B, 433-A 20/2 of T. Somalaguduru village, Nandavaram Mandal, Kurnool District without following due process of law as illegal, arbitrary and contrary to law and violative of principles of natural justice and pass 2 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 Counsel for the Petitioner: 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “….to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the Respondents in interfering with peaceful possession and enjoyment in respect of land to an extent of admeasuring Ac.3-50 in Survey Nos.43-B, 433-A 20/2 of T. Somalaguduru village, Nandavaram Mandal, Kurnool District without following due process of law as illegal, arbitrary and contrary to law and violative of principles of natural justice and pass….” 2. Heard learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioner submits that the respondents are interfering with the peaceful possession and enjoyment of the petitioner in respect of the subject land without following the due process of law. 4. Learned Government Pleader for revenue, on instructions furnished by the respondent No.3, has submitted that the petitioner is in possession and enjoyment of only 14 cents out of Ac.3.50 cents in survey Nos.43-B, 433-A & 20/2 of T. Somalaguduru village, Nandavaram Mandal, Kurnool District. He further submits that the respondents are not interfering with the petitioner’s possession. 5. Considering the said submission, the Writ Petition is disposed of with a direction to the respondents not to interfere and not to dispossess the petitioner from the subject land without following the due process of law. There shall be no order as to costs. 4 As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 29.12.2025 Vns