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2025 DAILYLAW 7329 (AP)

NARASINNA YERRAMMA v. State of Andhra Pradesh

WP/3962/2025 · 2025-02-18

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3962 OF 2025 Between: Narasinna Yerramma, W/o. Yerrapa Reddy, Aged about 55 years, R/o. Onendulla village, Bukkaraya Samudram Mandal, Ananthampuram District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep by Principal Secretary Social Welfare Department Secretariat, Velagapudi. 2. The District Collector, Ananthapuram. 3. The Tahsildar, Ananthapuram. 4. The Deputy Director, Social Welfare Department, Ananthapuram. ...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 or direction more particular one in the nature of writ of mandamus declaring the high handed action of the respondents in trying to dispossess the petitioner from an extent of Ac 0 - 07 cents in S.No. 113/1 or 113/IB of K. Chendulla village, Bukkaraya Samudram Mandal, Ananthapuram District as illegal, arbitrary and unjust, without jurisdiction in violation on principles of natural justice and also in violation of the rights guaranteed under Articles 14 and 300 A of Constitution of India. may lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances gStated in the affidavit filed in support of the writ petition, the High Court may be pleased to stay of dispossession of the petitioner herein from extent of Ac 0-07 cents in S.No. 113 of K. Chendulla village, Bukkaraya Samudram Mandal, Ananthapuram District pending disposal of the above writ petition. an Counsel for the Petitioner : SRI M. R. S. SRINIVAS Counsel for the Respondent Nos.1 & 4: QP FOR^OCIAL WELFARE Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE The Court made the following: ORDER w APHC010073752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3962/2025 Between: ...PETITIONER Narasinna Yerramma AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M RSSRINIVAS Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3962/2025 ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the high handed action of the respondents in trying to dispossess the petitioner from an extent of Ac.0.07 cents in S. No. 113/1 or 113/IB of K.Chendulla Village, BukkarayaSamudram Mandal, Ananthapuram District as illegal, arbitrary and unjust without jurisdiction in violation of principles of natural justice and also in violation of the rights guaranteed under Articles 14 and 300-A of Constitution of India and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner purchased the land admeasuring to an extent of Ac.2.00 cents No.113/1 of K.Chendulla Village, in survey Bukkarayasamudram Mandal, Ananthapuram District through a registered sale deed dated 23.02.1995. Since then, the petitioner has been in possession and enjoyment of the same. The petitioner was also issued pattadar passbook and title deed in respect of the subject land. 4. Learned counsel for the petitioner further submits that the 4^*^ respondent acquired the land admeasuring to an extent of 3 Ac. 1.90 cents from the petitioner through a registered sale deed dated 31.07.2007 for the purpose of providing house sites to the weaker sections. Later, the petitioner is in possession of the remaining extent of land i.e., Ac.0.10 cents. Out of Ac.0.10 cents, the petitioner constructed a water plant in some extent of the land and the same is running by the petitioner’s sons. The remaining Ac.0.07 rd cents of land is vacant. Without issuing any notice, the 3 respondent erected a board stating that the said land is earmarked for social welfare building. Immediately, the petitioner approached the respondent authorities and informed that the said land is a patta land. But the respondents did not consider the same and trying to dispossess the petitioner from the subject land without following due process of law. Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents submits that in the event of dispossession of the petitioner from the subject property, the respondents will follow due process of law. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents not to dispossess the petitioner from the subject property without following due process of law. 4 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1 The Principal Secretary Social Welfare DePfrtmen’. S/?*! ^ ‘ Pradesh, Secretariat, Velagapudi, Amaravati, Guntur Distr . 2. The District Collector, Ananthapuram. 3. The Tahsildar, Ananthapuram. 4. The Deputy Director, Social Welfare Department, Ananthapuram. 5. One CC to Sri M. R. S. Srinivas, Advocate [OPUC] Social Welfare, High Court of Andhra Pradesh. 6 Two CCs to GP for [OUT] 7. Two CCs to GP for Revenue, 8. Three C.D. Copies. High Court of Andhra Pradesh. [OUT] Cnr HIGH COURT DATED: 18/02/2025 ORDER WP.No.3962 of 2025 I" 01 MAR 2025 s ^ ^ Current Section . DISPOSING OF THE W.P. WITHOUT COSTS