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2026 DAILYLAW 17316 (AP)

Sri P.S.V. PRAKASH RAJU v. The STATE OF AP

WP/3658/2018 · 2026-01-05

Ninala Jayasurya

body2026

Judgment text

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APHC010082782018 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 3658 of 2018 Between: 1. SRI P.S.V. PRAKASH RAJU, RESIDENT OF D.NO.2 SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, VISAKHAPATNAM 530017 2. SMT. SISTLA VISALAKSHIQ, RESIDENT OF D.NO.2 SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, VISAKHAPATNAM 530017 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE TAHSILDAR, MANDAL REVENUE OFFICE RURAL, VISHAKHAPATNAM DISTRICT. Counsel for the Petitioner(S): 1. Mr.S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No: 3658 of 2018 SRI P.S.V. PRAKASH RAJU, RESIDENT OF D.NO.2 SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, VISAKHAPATNAM 530017 SMT. SISTLA VISALAKSHIQ, RESIDENT OF D.NO.2 SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, VISAKHAPATNAM 530017 ...PETITIONER(S) AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH THE DISTRICT COLLECTOR, VISAKHAPATNAM. THE TAHSILDAR, MANDAL REVENUE OFFICE, VISHAKHAPATNAM RURAL, VISHAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): Mr.S.V.S.S.SIVA RAM Counsel for the Respondent(S): GP FOR ASSIGNMENT (AP) IN THE HIGH COURT OF ANDHRA PRADESH [3209] THE HONOURABLE SRI JUSTICE NINALA JAYASURYA SRI P.S.V. PRAKASH RAJU, RESIDENT OF D.NO.2-15-38/4, SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, SMT. SISTLA VISALAKSHIQ, RESIDENT OF D.NO.2-15-38/4, SECTOR 9, KAILASAGIRI HILL AREA, M.V.P. COLONY, ...PETITIONER(S) THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, , VISHAKHAPATNAM ...RESPONDENT(S): 2 The Court made the following Order: Heard Mr.K.P.S.Sailesh Reddy, learned counsel representing the learned counsel for the petitioner. Also heard Mr. K Arjun Chowdary, learned Assistant Government Pleader for Revenue. 2. The learned counsel for the petitioner made submissions with reference to the averments made in the affidavit filed in support of the writ petition and states that the petitioner is the lawful owner of the subject matter property situated in Survey No.159/3, Patta No.114, Kommadi Village, Visakhapatnam District, which was purchased vide Registered Sale Deed bearing No.4206/87 dated 15.06.1987 and the same is in possession and enjoyment of the petitioner. He submits that the revenue officials have included the said plot in the prohibitory Category under Section 22-A of the Registration Act and seeking deletion of the same, the petitioner made an application and while the same is pending, the respondent officials resorted to highhanded action of demolishing the structures situated in the said plot and to dispossess the petitioner. Under the said circumstances, the present writ petition is filed seeking appropriate directions. 3. The learned counsel further submits that on 06.02.2018, the learned Judge of erstwhile High Court for the State of Telangana and for the State of Andhra Pradesh, while ordering notice before admission, directed the respondent Nos.2 and 3 not to interfere with the private land of the petitioner without following due process of law. He submits that, unless appropriate orders, as sought for by the petitioner, are passed, irreparable loss and serious prejudice would be caused. 4. On the other hand, Mr. K Arjun Chowdary, learned Assistant Government Pleader, made submissions with reference to the counter- affidavit filed by the respondent No.3 in the year 2018. He submits that the land in Survey No.159/3 of Kommadi Village is assigned land and is in 3 possession of the Government. He submits that original assignees of the subject matter land violated the conditions of assignment and the petitioner purchased the same. He submits that in fact, the resumption orders in respect of the subject matter land situated in Survey No.159/3 in Kommadi Village was passed long back. Be that as it may. He submits that the land purchased by the writ petitioner in violation of the A.P. Assigned Lands (POT) Act is void and appropriate action will be initiated as per the rules/orders of the Hon’ble High Court. 5. Considering the said submissions and perusing the order dated 06.02.2018, this Court deems it not necessary to dwell much into the matter and deems it appropriate to dispose of the writ petition, providing that the respondent authorities shall not initiate any action in respect of the subject matter land except by following due procedure contemplated under law, or as stated in the counter-affidavit. 6. With the above directions, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:06.01.2026 BLV 4 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA W.P. No: 3658 of 2018 DATE: 06.01.2026 BLV