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2025 DAILYLAW 7532 (AP)

Chabolu Maddamma, v. The State of Andhra Pradesh,

WP/4613/2025 · 2025-03-17

Harinath N

body2025

Judgment text

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APHC010076722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4613/2025 Between: Chabolu Maddamma, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the State. 2. Learned counsel for the petitioner submits that the petitioner is the owner of the land in Sy.No.652 admeasuring Ac.1.00 Cents 2 and Sy.No.653 admeasuring Ac.0.69 ½ Cents situated at Velgode Village & Mandal, Nandyala District, having been acquired by way of Gift Settlement Deed No.347 of 2000 and 402 of 2003 dated 15.02.2000 and 29.03.2003 respectively. The petitioner is now aged about 74 years and he has no other property other than the subject property. While there was a boundary dispute, the petitioner is constrained to file W.P.No.3592 of 2015 wherein this Court directed the revenue authorities to survey and fix boundary stones. On account of non-compliance of the order of this Court by the revenue authorities, the petitioner filed C.C.No.2455 of 2016. Pursuant to filing of the contempt case, the revenue authorities conducted survey and fixed the boundary stones. Ever since, the petitioner is in peaceful possession and enjoyment of the property. While the things stood thus, some land grabbers are trying to encroach the petitioner’s land. Hence, the petitioner made a representation dated 12.08.2024 to respondent No.4. As no action has been taken, the present Writ Petition is filed. 3. Learned Assistant Government Pleader representing the State on written instructions would submit that the matter involved in the present Writ Petition is of civil in nature and hence, no police protection can be granted to the petitioner’s land. He also submits 3 that respondent No.4 also issued receipt to the petitioner by stating that the matter involved is a civil dispute and the same has to be resolved before the competent Civil Court. 4. Considering the facts and circumstances of the case and as the petitioner is aged about 74 years, there shall be a direction to respondent No.4 not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property and respondent No.4 shall take necessary measures to prevent any encroachments in the petitioner’s property, by following due process of law. 5. Accordingly, this Writ Petition is disposed of at the stage of admission itself. There shall be no order as to costs. Interlocutory applications, if any, pending shall stand closed. ___________________ JUSTICE HARINATH.N Dated: 17.03.2025 PSA 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4613 of 2025 Date: 17.03.2025 PSA