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2025 DAILYLAW 7709 (AP)

Smt. K.Nagarathnamma v. The State of Andhra Pradesh,

WP/4089/2025 · 2025-02-14

Kiranmayee Mandava

body2025

Judgment text

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APHC010080082025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: Smt. K.Nagarathnamma and others The State of Andhra Pradesh and others Counsel for the Petitioners: 1. Vutupalli Rajanna Counsel for the Respondents: 1. GP for Revenue The Court made the following Heard Sri Vutupalli Rajanna, learned Assistant Government Pleader for respondents. 2. Challenging the action of the respondent petitioners highhandedly from their property admeasuring an extent of Ac cents in Sy.No.2360/1, petitioner, Ac.4.45 cents in Sy IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4089/2025 Smt. K.Nagarathnamma and others AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: Sri Vutupalli Rajanna, learned counsel for the petitioner learned Assistant Government Pleader for Revenue appearing for the the action of the respondent Nos.2 to 4 in trying to evict the highhandedly from their property admeasuring an extent of Ac Ac.0.60 cents in Sy.No.2361/9 belonging to 1 45 cents in Sy.No.1960/lA belonging to 2nd petitioner IN THE HIGH COURT OF ANDHRA PRADESH [3458] FRIDAY, THE FOURTEENTH DAY OF FEBRUARY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioners ...Respondents learned counsel for the petitioners and appearing for the 2 to 4 in trying to evict the highhandedly from their property admeasuring an extent of Ac.3.57 2361/9 belonging to 1st petitioner, Ac.4.45 cents in Sy.No.1960/IB belonging to 3rd petitioner and Ac.2.27 cents in Sy.No.2360/2, Ac.0.70 cents in Sy.No.2361/10 and Ac.0.70 cents in Sy.No.2361/11 belonging to the 4th petitioner, situated in Talapala village, Piler Mandal, Annamayya District, without following due process of law . 3. The contention of the petitioner is that he was in occupation and possession of the subject property, but the respondents, on 13.02.2025, entered the land with men and machinery to remove the petitioner, who was alleged to have been in unauthorized occupation, and damaged the existing bore wells and pipelines, also cut the existing mango trees. 4. The Learned Assistant Government Pleader for Revenue, on instructions, submits that the petitioners are in unauthorized occupation of the government land, and in pursuit of protecting the government land, the official respondents have initiated proceedings against the petitioner. 5. The learned counsel for the petitioner relies on the decision of this Court in W.P.No.20906 of 2024, wherein this Court directed the authorities to follow the due process of law. The Court further directed that no coercive action be taken. In terms of the order in W.P.No.20906 of 2024, the writ petition is disposed of. 6. The learned counsel for the petitioner seeks permission of this Court to harvest the mango crop. However no averment to the said effect has been made in the writ affidavit. This Court is of the view that the petitioner has to make an appropriate application before the Tahsildar for such a permission to harvest the mango crop. If such an application is filed by the petitioner, the Tahsildar is directed to pass appropriate orders on the same. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 14.02.2025 BSK 62 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4089/2025 Date: 14.02.2025 BSK