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2026 DAILYLAW 18081 (AP)

Pati Sambasiva Rao v. The State of Andhra Pradesh

WP/5689/2026 · 2026-03-04

B Krishna Mohan

body2026

Judgment text

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APHC010105302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5689/2026 Between: 1. PATI SAMBASIVA RAO,, S/O KOTESWARA RAO, AGED ABOUT 45 YEARS, R/O 7-215/A, TORRAGUNTAPALEM VILLAGE, JAGGIAHPETA MANDAL, NTR DISTRICT. 521175. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 2. THE COLLECTOR, NTR DISTRICT, VIJAYAWADA.520002 3. THE TAHSILDAR, JAGGIAHPETA MANDAL, NTR DISTRICT. 521175 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in trying to dispossess the petitioners from their respective land situated in RS No. 39 to an extent of 0.02 Cents of Turraguntapalem Village, NTR District vide plot No. 257 and 258 without following due procedure of law as arbitrary, illegal. Violation of Principles of natural justice and violation of Article 14, 21 and 300A of Constitution of India and consequently direct the 2 Respondents No. 3 not to interfere with the peaceful possession over the property of the petitioner situated in RS No. 39 to an extent of 0.02 Cents of Turraguntapalem Village, NTR District vide plot No. 257 and 258 without issuing any notice and without following due procedure of law in the interest of justice IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent No.3 not to interfere with the peaceful possession over the property of the petitioner situated in RS No.39 to an extent of 0.02 Cents of Turraguntapalem Village, NTR District vide plot No. 257 and 258 without issuing any notice and without following due procedure of law pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. VELADI SAI SRI HARSHA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the action of the 3rd respondent in trying to dispossess the petitioner from his land situated in RS No.39 to an extent of Ac.0.02 cents of Turraguntapalem Village, NTR District vide plot No.257 and 258 without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent submits that the subject land is an assigned land and the due procedure will be followed. 4. In view of the above said facts and circumstances, the respondent Nos.2 & 3 are directed to deal with the subject land in an extent of Ac.0.02 cents in RS No.39 of Turraguntapalem Village, NTR District vide plot No.257 and 258 strictly in accordance with law. If the petitioner is found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned including the petitioner giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land/ plots shall not be made except by following the due process of law. 4 5. Accordingly, the writ petition is disposed of. The written instructions of the 3rd respondent shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 05.03.2026 NNN