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2025 DAILYLAW 6054 (AP)

Mulagapaka Appala Naidu, v. The State of Andhra Pradesh

WP/3373/2020 · 2025-08-10

B Krishna Mohan

body2025

Judgment text

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APHC010054562020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 3373/2020 Between: 1. MULAGAPAKA APPALA NAIDU,, S/O. RAMULU, AGED ABOUT 70 YRS, OCC. AGRICULTURIST R/O.MULAGAWAKAVANI PALEM, KOTHAVALASA, VIZIANAGARAM DISTRICT. 2. CHIPPADA APPALA NAIDU,, S/O. SOMULU R/O.MULAGAWAKAVANI PALEM KOTHAVALASA, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 3. THE TAHSILDAR KOTHAVALASA, MANDAL, VIZIANAGARAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. A S C BOSE Counsel for the Respondent(S): 1. GOVERNMENT PLEADER FOR REVENUE 2 HBKM,J W.P.No.3373 of 2020 The Court made the following Order:- Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the 3rd respondent in trying to dispossess the petitioners from their respective lands in an extent of Ac.0.38 cents, Ac.0.20 cents and Ac.0.25 cents in Sy.No.365/2 of Veerabadrapuram Village, Kothavalasa Mandal, Vizianagaram District, without issuing any notice and without following any procedure contemplated under law. 3. The learned counsel for the petitioners submits that the petitioners purchased an extent of Ac.0.20 cents in Sy.No.365/2 vide registered sale deed dated 20.03.1986 from their vendor namely Mr. P.Verri Naidu and they also purchased an extent of Ac.0.38 cents in the same Survey number vide registered sale deed dated 17.09.1984 from their vendor Mr. Mullagapaka Appalanaidu and since then they are in possession and enjoyment of the same. 4. The 2nd petitioner purchased an extent of Ac.0.25 cents in Sy.No.365/2 vide registered sale deed dated 28.04.1983 from his vendor namely Mr. Mulagapaka Sanysinaidu and others and ever since he is in peaceful possession and enjoyment of the same. While so, the 3rd respondent is trying to interfere with the possession of the subject land of the petitioners in 3 HBKM,J W.P.No.3373 of 2020 January 2020. Hence they issued legal notice dated 12.01.2020 to the respondent Nos.2 and 3. The 3rd respondent threatened the petitioners that the subject land will be converted into house plots and it will be given to weaker sections for house sites. Hence, this writ petition. 5. On the other hand, the learned Assistant Government Pleader appearing for the 3rd respondent submits that the subject land in Sy.No.365/2 of Veerabadrapuram Village, Kothavalasa Mandal, Vizianagaram District is an un-assigned land and the respondents will follow the due procedure. 6. In view of the above said facts and circumstances, the respondents are directed to proceed with the subject land strictly in accordance with law, if so warranted, for any public purpose and if the petitioners are otherwise in possession of the same, they shall be dealt with strictly in accordance with law, by giving due opportunity of hearing any dispossession shall not be made except by following the due process of law. 7. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 11.08.2025 PGT