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2025 DAILYLAW 7256 (AP)

Gorla Krishna, v. .The State of Andhra Pradesh

WP/3697/2025 · 2025-02-11

Gannamaneni Ramakrishna Prasad

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 HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3697 OF 2025 Between: 1. Gorla Krishna, S/o G Ganganna aged 51 years Occ- Aqua culture, R/o D no 2-61 Rayalam Anakoderu Post, Bhimavaram Mandal W G dist., (Ac.0.50 cents) Gorla Saraswati, W/o Gorla Krishna aged 46 years, Occ Aqua culture R/o D.no. 2-61 Rayalam Anakoderu Post Bhimavaram Mandal, W G dist. (Ac 0.50 cents) Manne Santha Kumari, W/o Sivannarayana aged 51 years, Occ aqua culture, R/o D no 259/2 near rayalam Anakoderu Bhimavaram Mandal W G District. (Ac. 1.00 cents) Juthuga Sahadevudu, S/o Gangajalam aged 47 years Occ Fishiculture, R/o D no 1-124 tummgopu road Anakoderu village Wg dist. (Ac. 1.48 cents) Pedakala Jakraaih, S/o aged 68 years Occ R/o D no 5-2-21 tummgopu road, Anakoderu village W g dist, (Ac. 1.00 cents) Kandula Sri Lakshmi, W/o Veerayya, aged 40 years, Occ- Fishy culture, R/o Anakoderu, Bhimavaram Mandal, W.G.Dist. (Ac 2 50 cents) 2. 3. 4. 5. 6. ...Petitioners AND .The State of Andhra Pradesh, rep by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravathi. The District Collector, West Godavari District at Bhimavaram. The Revenue Divisional Officer, Bhimvaram Mandal, Bhimavaram, W.G.District. The Thahsildar, Bhimavaram Mandal, West Godavari Dist The Village Revenue officer, Anakoderu, Bhimavaram Mandal,W.G.Dist,. 1. 2. 3. 4. 5. ...Respondents ■?WP •■r 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 Writ, Order or Direction more particularly one in the Nature of Writ of Mandamus declaring the action of the 3'^'^ and 4 Respondent while the Revision pending before the 2"^ respondent against the Order dated 17-12-2024 passed in Appeal no. 1 of 2024 on the file of the REVENUE DIVISIONAL OFFICER AT BHIMAVARAM passed in Order dated 25-07-2024 passed vide ROC no. 459 /2023/DT by the Thahsildhar, Bhimavaram Mandal, West Godavari District, trying the demolish the petitioners fish ponds and dispossession the Petitioners respective lands in Sy.nos. 606/4, 606/5, 605/1, 606/6, 603/3, 605/3, total an extent of Ac.06.98 cents of Anakoderu Village, Bhimvaram Mandal, W.G.District, without having power, without following due process of law, without having any right, is illegal, arbitrary, high handed colourable exercise of law, unconstitutional and violative of Article 14, 19, 21 and 300-A of Constitution of India and consequently to direct the respondent authorities not to interfere with the peaceful /possession and enjoyment of the Petitioners respective lands in Sy.nos. 606/4, 606/5, 605/1, 606/6, 603/3, 605/3, total an extent of Ac.06.98 cents of Anakoderu Village, Bhimvaram Mandal, W.G.District. th 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 particularly 3^^^ and 4*^^ respondents not to demolish the fish tanks by not to interfere with the peaceful possession and enjoyment of the Petitioners respective lands in Sy.nos. 606/4, 606/5, 605/1, 606/6, 603/3 605/3, total an extent of Ac.06.98 cents of Anakoderu Village Bhimvaram Mandal, W.G.District, pending disposal of the above writ petition. \ r Counsel for the Petitioner: M/s JAM! MADHAVI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: r APHC010071072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3697/2025 Between: 1.GORLA KRISHNA,, S/0 G GANGANNA AGED 51 YEARS OCC-AQUA POST, CULTURE, R/0 D NO 2-61 RAYALAM ANAKODERU BHIMAVARAM MANDAL W G DIST., (AC.0.50 CENTS) 2.GORLA SARASWATI,, W/0 GORLA KRISHNA AGED 46 YEARS, OCC AQUA CULTURE R/0 D.NO. 2-61 RAYALAM ANAKODERU BHIMAVARAM MANDAL, W G DIST. (AC 0.50 CENTS) W/0 SIVANNARAYANA AGED 51 YEARS, OCC AQUA CULTURE, R/0 D NO 259/2 NEAR RAYALAM ANAKODERU BHIMAVARAM MANDAL W G DISTRICT (AC 1 00 CENTS) POST 3.MANNE SANTHA KUMARI 4.JUTHUGA SAHADEVUDU,, S/0 GANGAJALAM AGED 47 YEARS FISHICULTURE, R/0 D NO 1-124 TUMMGOPU ROAD ANAKODERU VILLAGE WG DIST. (AC. 1.48 CENTS) 5.PEDAKALA JAKRAAIH,, S/0 AGED 68 YEARS OCC R/0 D NO 5-2-21 TUMMGOPU ROAD, ANAKODERU VILLAGE W G DIST (AC 1 00 CENTS) 6.KANDULA SRI LAKSHMI, W/0 VEERAYYA, AGED 40 YEARS OCC- FISHY W.G.DIST. (AC 2 50 CENTS) OCC CULTURE, R/0 ANAKODERU, BHIMAVARAM MANDAL, ...PETITIONER(S) AND « 2 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL REVENUE SECRETARY VELAGAPUDI, AMARAVATHI. DEPARTMENT, SECRETARIAT, 2.THE DISTRICT COLLECTOR, WEST GODAVARI BHIMAVARAM. 3.THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM, W.G.DISTRICT. 4.THE THAHSILDAR, BHIMAVARAM MANDAL, WEST GODAVARI DIST 5.THE VILLAGE REVENUE OFFICER, ANAKODERU, BHIMAVARAM MANDAL,W.G.DIST,. DISTRICT AT BHIMVARAM MANDAL, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.JAMI MADHAVI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Ms. Jami Madhavi, learned Counsel for the Writ Petitioners Sri K. Arjun Chowdary, learned Assistant Government Pleader for Stamps & Registration. and Revenue, 2. It is the case of the Writ Petitioners that the Writ Petitioners challenged the Order passed by the Revenue Divisional have Officer dated 17,12.2024 {Ex,P.2) before the District Collector, West Godavari District (Respondent No.2) by way of Revision. Counsel for the Writ Petitioners that the Revision It is submitted by the Learned was filed on 10.02.2025 along with the LA seeking suspension of the Impugned Order passed by the Revenue Divisional Officer dated 17.12.2024 (Ex.P.2). 3. Learned Counsel for the Writ Petitioners would submit that , while the Revision Petition filed by the Writ Petitioners is well within the statutory period along with the LA, without considering tj/e same, the Official Respondents 3 herein have visited the fish tanks of the Writ Petitioners on 10.02.2025 threatening to demolish the fish tanks in compliance with the Order dated 17.12.2024 (Ex.P.2) impugned in the Writ Petition. 4. While these are the facts involved in the present case, this Court is of the opinion that the Official Respondents ought not to have threatened the Writ Petitioners that they would demolish the fish tanks during the pendency of the Revision Petition, inasmuch as the Order impugned in the Writ Petition was passed as early as on 17.12.2024 (Ex.P.2) and that the present Writ Petitioners have filed the Revision Petition before the District Collector on 10.02.2025 that is within the statutory period of limitation. It is also submitted that neither the Revision Petition nor the I.A have been numbered by the Respondent No.2 so far. 5. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Official Respondents to maintain Status quo until the I.A filed by the Writ Petitioners, which is pending before the District Collector, assailing the Order passed by the Revenue Divisional Officer dated 17.12.2024 (Ex.P.2), is finally disposed. 6. In this view of the matter, this Court is inclined to issue the following \ directions: a) The Respondent No.2 is directed to number the I.A and Revision Petition filed by the Writ Petitioners within two weeks from today, b) After numbering the above I.A and Revision Petition, Respondent No.2 shall issue the Advance Notice to the Writ Petitioners and other interested parties by fixing the date for hearing of the I.A. c) The Respondent No.2 shall dispose of the I.A within a period of four weeks from today by passing a Speaking Order in accordance with Such Order shall be communicated to the Writ Petitioners law. forthwith. ! 4 d) Writ Petitioners are directed to submit Respondent No.2 within a copy of this Order to the a period of one week from today for effective compliance, e) Learned Assistant Government Pleader is directed to convey the gist of this Order to all the Official Respondents forthwith for effective compliance. 7.With these observations and directions disposed of. No order as to costs. 8.Interlocutory Applications, if this Writ Petition stands any, stand closed in terms of this order. SD/- B.PRASAD RAO ASSISTANT^EGiSTRAR SECTf^^FFICER //TRUE COPY// To, 1. The Principal Secretary Revenue Department Pradesh, Secretariat, Velagapudi, Amaravati , State of Andhra Guntur District. 2. The District Collector, West Godavari District at Bhimavaram. 3. The Revenue Divisional Officer, Bhimvaram W.G.District. Mandal, Bhimavaram 4. The Thahsildar, Bhimavaram Mandal, West Godavari Bhimavaram Mandal District. 5. The Village Revenue Officer, Anakoderu W.G.District. 6. One CC to M/s Jami Madhavi, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies Pradesh. [OUT] RAM HIGH COURT DATED:11/02/2025 ORDER WP.No.3697 of 2025 DISPOSING OF THE WP WITHOUT COSTS