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2025 DAILYLAW 6813 (AP)

Kalluri Hussain v. The State Of Andhra Pradesh

WP/3442/2025 · 2025-02-11

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3442 OF 2025 Between: Kalluri Hussain, S/o. Mudava Hussain, aged 40 years, R/o. 2-33, Harivaram Nandyala District, Andhra Pradesh-518134. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department of Panchayat Raj and Rural Development, A.P. Secretariat Office, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The District Collector, Nandyal, Nandyal District, Andhra Pradesh. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, Andhra Pradesh. 4. The Tahsildar, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. 5. The Itikyala Grama Panchayeti, rep by its Secretary, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of WRIT OF MANDAMUS declaring the action of respondent authorities in making efforts in dispossessing the petitioner from the house site situated at Survey No. 738 of extent Ac. 0.3 cents situated Kolimigundia Mandal, Nandyal District, Andhra Pradesh without following procedure established by the law as illegal, arbitrary and violation may at Itikyala Village, of principles of natural justice and the act of authorities is against the principle laid down by the Honble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation 2003 LawSuit SC) 1248 and consequently direct the respondents not to interfere over the petitioners land of extent Ac. 0.3 cents in Survey No. 738 situated at Itikyala Village, Koiimigundia Mandal, Nandyal District, Andhra Pradesh except due process of law. 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 not to interfere over the petitioner's land of extent Ac. 0.3 cents in Survey No. 738 situated at Itikyala Village, Koiimigundia Mandal, Nandyal District, Andhra Pradesh process of law and pass order or orders in accordance with law pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s. NALLANAGULA LALITHA SREE Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MATTEGUNTA SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT except due The Court made the following: ORDER APHC010065352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3442/2025 Between; ...PETITIONER Kalluri Hussain AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- ‘-■S: “...pleased to issue a Writ, Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in making efforts in dispossessing the petitioner from the house site situated at Survey No.738 of extent Ac.0.3 cents situated at Itikyala Village, Kolimigundia Mandal, Nandyal District, Andhra Pradesh, without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Honble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation 2003 LawSuit (SC) 1248 and consequently direct the respondents not to interfere over the petitioners land of extent Ac.0.3 cents in Survey No.738 situated at Itikyala Village, Koiimigundia Mandal, Nandyal District, Andhra Pradesh, except due process of law and to pass such other order or orders....” Heard learned counsel for the petitioner and learned counsel for 2. the respondents. After arguing for sometime, learned counsel for the petitioner 3. restricted his argument to the extent that to direct the respondents not to dispossess the petitioner without following due process of law. Therefore, the present Writ Petition is disposed of, directing the 4. respondents not to dispossess the petitioner without following due process of law. There shall be no order as to costs. 3 As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR \ //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Department of Panchayat Raj & Rural Development, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Nandyal, Nandyal District, Andhra Pradesh. 3. The Revenue Divisional Officer, Nandyal, Nandyal District, Andhra Pradesh. 4. The Tahsildar, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. 5. The Secretary, Itikyala Grama Panchayeti, Kolimigundia Mandal, Nandyal District, Andhra Pradesh. 6. One CC to M/s. Nallanagula Lalitha Sree, Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of • , ^ Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Mattegunat Sudhir, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. To, 10. gi HIGH COURT DATED:11/02/2025 ORDER WP.No.3442 of 2025 X 1« FE3 m B Curreiii aucuon DISPOSING OF THE WRIT PETITION WITHOUT COSTS