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2025 DAILYLAW 6734 (AP)

AKKIREDDI VENKATA NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/3413/2025 · 2025-02-10

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3413 OF 2025 Between: Akkireddi Venkata Nageswara Rao, S/o Ramachandra Rao, Aged about 38 years, R/o Palteru Village and Post, Payakraopeta Mandal, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. 4. The Divisional Panchayath Officer, Narsipatnam Division, Visakhapatnam District. 5. The Tahsildar, Payakaraopeta, Payakraopeta Mandal, Visakhapatnam District. 6. The Panchayath Secretary, Palteru Village, Payakaraopeta Mandal Visakhapatnam District. 7. The Station House Officer, Payakaraopeta, Visakhapatnam 8. Pitia Appalanarsa, W/o Musili, Aged about 56 years, R/o Ankampeta, Palteru Village, Payakraopeta Mandal, Anakapalli District. 9. Anasuri Apparao, S/o Kamudu, Aged about 58 years, R/o Ankampeta, Palteru Village, Payakraopeta Mandal, Anakapalli District. Anasuri Rambabu, S/o Chandra Rao, Aged about 41 years, R/o Ankampeta, Paltem Village, Payakraopeta Mandal, Anakapalli District. Pitia Apparao, S/o Bhumiyya, Aged about 56 years, R/o Ankampeta, Paltem Village, Payakraopeta Mandal, Anakapalli District. 10. 11. Pitia Bhumiyya, S/o Musalayyam, Aged about 56 years, R/o Ankampeta, Paltem Village, Payakraopeta Mandal, Anakapalli District. Vadisela Vishnu, S/o Adiyya, Aged about 42 years, R/o Ankampeta, Paltem Village, Payakraopeta Mandal, Anakapalli 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 a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of Respondent No.5 and 6 in threatening to dispossess the Petitioner from the property admeasuring Ac.0.20 Cts in Sy.No. 155/6 situated at Palteru Village and Post, Payakraopeta Mandal, Visakhapatnam District at the behest of Respondent No.8 to 13 without issuing any notice or following due process of law or initiating proceedings under the Land Acquisition Act, 2013 as per se illegal, manifestly arbitrary, unreasonable and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and in utter violation of Principles of Natural Justice. 13. 13. 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 Desist the Respondents from interfering with Petitioners’ property admeasuring Ac.0.20 Cts in Sy.No. 155/6 situated at Palteru Village and Post, Payakraopeta Mandal, Visakhapatnam District. Counsel for the Petitioner: SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: Ms. K. SOWMYA Ld. COUNSEL appearing on behalf of SRI Y.KOTESWARA RAO, STANDING COUNSEL The Court made the following order: 1 APHC010064012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3413/2025 Between; 1.AKKIREDDI VENKATA NAGESWARA RAO, S/0 RAMACHANDRA RAO, AGED ABOUT 38 YEARS, RIO PALTERU VILLAGE AND POST, PAYAKRAOPETA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, VISAKHAPATNAM DISTRICT. 4. THE DIVISIONAL PANCHAYATH OFFICER, NARSIPATNAM DIVISION, VISAKHAPATNAM DISTRICT. 5. THE TAHSILDAR, PAYAKARAOPETA, PAYAKRAOPETA MANDAL, VISAKHAPATNAM DISTRICT. 6. THE PANCHAYATH SECRETARY, PALTERU VILLAGE, PAYAKARAOPETA MANDAL VISAKHAPATNAM DISTRICT. 7. THE STATION HOUSE OFFICER. PAYAKARAOPETA, VISAKHAPATNAM 8. PITLA APPALANARSA, W/0 MUSILI, AGED ABOUT 56 YEARS, R/O ANKAMPETA, PALTERU VILLAGE, PAYAKRAOPETA MANDAL. ANAKAPALLI DISTRICT. 2 9. ANASURI APPARAO, S/0 KAMUDU, AGED ABOUT 58 YEARS, R/0 ANKAMPETA, PALTERU VILLAGE, PAYAKRAOPETA MANDAL, ANAKAPALLl DISTRICT. 10.ANASURI RAMBABU, S/0 CHANDRA RAO, AGED ABOUT 41 YEARS, R/0 ANKAMPETA, PALTEM VILLAGE, PAYAKRAOPETA MANDAL, ANAKAPALLl DISTRICT. 11.PITLA APPARAO, S/0 BHUMIYYA, AGED ABOUT 56 YEARS, R/0 ANKAMPETA, PALTEM VILLAGE, PAYAKRAOPETA MANDAL, ANAKAPALLl DISTRICT. 12.PITLA BHUMIYYA, S/0 MUSALAYYAM, AGED ABOUT 56 YEARS, R/O ANKAMPETA, PALTEM VILLAGE, PAYAKRAOPETA MANDAL, ANAKAPALLl DISTRICT. 13.VADISELA VISHNU, S/0 ADIYYA, AGED ABOUT 42 YEARS, R/O ANKAMPETA, PALTEM VILLAGE, PAYAKRAOPETA MANDAL, ANAKAPALLl DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.AKULASRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri A.S.K.S. Bhargav, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 5 and Ms. K. Sowmya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for the Respondent No.6. Learned Counsel for the Writ Petitioner submits that the Petitioner has acquired an extent of Ac.0.20 cents by virtue of a Gift Deed, said to have been executed by his father and brother bearing Registration No.4355/2008. It is submitted that the subject land is situated in Sy.No.155/6 part. It is his submission that the Official Respondents are interfering with the peaceful 2. 3 possession of the said land of an extent of Ac.0.20 cents situated in Sy.No. 155/6 part. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of Payakaraopeta Mandal dated 09.02.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. 3. \ j. The said Written Instruction would indicate that the Official Respondents have no objection for the Writ Petitioner enjoying the land of an extent of Ac.0.20 cents, which is situated in Sy.No. 155/6 part. It is stated that the Writ Petitioner is repeatedly trying to grab the Government Poramboke, which has been classified as Gorja (objectionable land) and is adjacent to the land owned by the Petitioner and that the said land is covered under Sy.No. 137 of Palteru Village. It is stated in the Written Instruction that the attempts that are made by the Writ Petitioner to encroach into the land, which is situated in Sy.No. 137, was repelled by the Official Respondents. It is also stated that the Official Respondents have no objection to the Petitioner’s land of an extent of Ac.0.20 cents in Sy.No.155/6. 4. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, without going into the merit, directing the Official Respondents not to interfere with the peaceful possession and enjoyment of the subject land which relates to an extent of Ac.0.20 Cents in Sy.No.155/6 part. It is, however, clarified that this Court has not passed any Interim Order or Permanent Injunction or Restraining Order, preventing the Official Respondents in interfering with any part of the land situated in Sy.No.137 of Palteru Village. If there is any confusion or ambiguity with regard to the location of the Petitioner’s land i.e., whether it is situated in Sy.No. 155/6 part or whether it is situated in Sy.No. 137, Writ Petitioner is free to approach the Authorities, for seeking survey, for the purpose of proper identification of his land. 5. f 4 With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/-K.SRINIVASA RAJU ASSISTANT REGISTRAR ■rS^officer //TRUE COPY// SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District. 4. The Divisional Panchayath Officer, Narsipatnam Division, Visakhapatnam District. 5. The Tahsildar, Payakaraopeta, Payakraopeta Mandal, Visakhapatnam District. 6. The Panchayath Secretary, Palteru Village, Payakaraopeta Mandal Visakhapatnam District. 7. The Station House Officer, Payakaraopeta, Visakhapatnam. 8. One CC to Sri Akula Sri Krishna Sai Bhargav, Advocate [OPUC] 9. One CC to Sri Y. Kotesawara Rao, Standing Counsel [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] Two CD Copies 12. RAM V' HIGH COURT DATED:10/02/2025 ORDER WP.No.3413 of 2025 DISPOSING OF THE WP WITHOUT COSTS