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2025 DAILYLAW 8130 (AP)

JOGI RAJENDRA PRASAD v. THE STATE OF AP

WP/4563/2025 · 2025-02-20

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010086232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4563/2025 Between: Jogi Rajendra Prasad ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR ENERGY The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4563/2025 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 action of the respondents in laying 400 KV High Tension lines through the lands in Ac.3.85 cents in Sy.No.50-C, Ac.2.10 cents in Sy.No.52 and Ac.6.40 cents in Sy.No.582-A1 of Gooty Ananthapuram Village, Peddavadgur Mandal, Ananthapuram District belong to petitioner without adhering to the procedure envisaged under the provisions of the Telegraph Act, 1885 and Electricity Act, 2003 as arbitrary, illegal, colourable exercise of power contrary to provisions of Telegraph Act, 1885 and also well-established legal principles apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioner’s rights in the lands with an extent of Ac.3.85 cents in Sy.No.50-C, Ac.2.10 cents in Sy.No.52 and Ac.6.40 cents in Sy.No.582- A1 of Gooty Ananthapuram Village, Peddavadgur Mandal, Ananthapuram District belong to me and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the subject land i.e., Ac.3.85 cents in Sy.No.50-C, Ac.2.10 cents in Sy.No.52 and Ac.6.40 cents in Sy.No.582-A1 of Gooty Ananthapuram Village, Peddavadgur Mandal, Ananthapuram District is petitioner’s ancestral 3 property. The petitioner’s family is in peaceful possession and enjoyment of the subject property. The name of the petitioner and his father late Jogi Narayanna were mutated in the revenue records and the pattadar passbook and title deeds were also issued in their favour. Now, the respondents issued notice to the petitioner informing that they are going to lay 400 KV high tension lines through the petitioner’s subject property. For which, the petitioner raised/submitted his objections. But without considering the objections raised by the petitioner, the respondents are laying the high tension lines through the subject property. Hence, the present Writ Petition. 4. Learned Standing Counsel for the respondents submits that as of now the respondents are not proposing to lay the High Tension Lines as alleged. If the respondents intend to lay high tension lines through the petitioner’s subject property, they will follow due process of law. 5. 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 interfere with the petitioner’s subject property without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 20.02.2025 TTPPSS 5 64 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4563/2025 20.02.2025 TTPPSS 6