Andhra Pradesh High Court
WRIT PETITION 11754 of 2025 on 28 January 1983
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI --(Special Original Jurisdiction)
AIOo\rnvI-fci,
TUESDAY ,THE SIXTH DAY OF MAYTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11754 OF 2025
Between:
Boya Yeluka Ramaiah, S/o. Thayyanna, aged 58 years, Occ. agricultureRio. H No. 2-53, Ibrahimpuram village Nandavaram mandalam,KurnoolDistrict 518 345
...PETITIONER.^-
AND
1. The State of Andhra Pradesh, Rep by its PrI. Secretary,[Revenue]Department Secretariat, Velagapudi, AmaravthiDepartment Secretariat, Velagapudi, Amaravthi
2. The District Collector, Kurnool District, Kurnool
3. The Revenue Divisional Officer Adoni Division, Kurnool[District]
4. The Tahsildar, Nandavaram Mandal, Kurnool District
...RESPONDENTS.
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ, order or Direction more particularly one in thenature of Writ of Mandamus, declaring the action of the respondents 2 to 4
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authorities in trying to dispossess/ evict the petitioner[from]his house sitepatta vide Plot No. 92 in Sy No 196/A2B situated at Ibrahimpuram village,Nandavaram mandalam,KurnoolDistrict which wasallottedtothepetitioner vide RCNo.533/83dated 28.01.1983 without followingdueprocess of law and trying to evict the petitioner from his house site patta isillegal,arbitrary andagainsttheprinciplesof naturaljusticeandalsoviolative of Articles14,19,21and 300-A of Constitution ofIndiaandconsequentlydirecttherespondentsnottointerfereintothepeacefulpossession and enjoyment of the petitioner house site patta vide Plot No.92in Sy No196/A2BsituatedatIbrahimpuramvillage,Nandavarammandalam, KurnoolDistrict without following due processof lawintheinterest of justice, -- lA NO: 1 OF 2025
Petition under Section 151 CPC praying thatin the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to grant STAY of dispossess of the .petitioner[from][ her][ house][ site]patta bearingPlot No. 92in Sy No 196/A2Bsituatedat Ibrahimpuramvillage,Nandavaram mandalam,KurnoolDistrict withoutfollowingdueprocess of law, pending disposal of the main writ petition.,- Counsel for the Petitioner: SRI. TENEPALLI NIRANJAN
Counsel for the Respondents: GP FOR REVENUE
The Court made the following Order:
APHC010228492025
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3329]
TUESDAY ,THE SIXTH DAY OF MAYTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11754/2025
Between:
BoyaYelukaRamaiah
AND
Page 2 of 4
The State Of Andhra Pradesh and Others
...PETITIONER
...RESPONDENT(S)
Counsel for the Petitioner:
1.TENEPALLI NIRANJAN
Counsel for the Respondent{S):
1.GP FOR REVENUE
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAWRIT PETITION NO: 11754/2025
O R D E R:
1. This writ petition is filed under Article 226 of the[Constitution][ of][ India][ to]moreissueaWrit of Mandamus declaring the action of the respondents,particularly respondent Nos. 2 to 4 in trying to dispossess/[evict][ the][ petitioner]fromhis housesitepattavidePlot No.92in Sy.No.196/A2BsituatedatIbrahimpatnamVillage,NandavaramMandal,KurnoolDistrictwithoutfollowing due process of law as illegal and arbitrary;[consequently][ direct][ the]respondents not to interfere with the peaceful possession[and][ enjoyment][ of]the subject property of the petitioner.moreissueaWrit of Mandamus declaring the action of the respondents,particularly respondent Nos. 2 to 4 in trying to dispossess/[evict][ the][ petitioner]fromhis housesitepattavidePlot No.92in Sy.No.196/A2BsituatedatIbrahimpatnamVillage,NandavaramMandal,KurnoolDistrictwithoutfollowing due process of law as illegal and arbitrary;[consequently][ direct][ the]respondents not to interfere with the peaceful possession[and][ enjoyment][ of]the subject property of the petitioner.
2. Heardlearnedcounselforthepetitioner andlearnedGovernmentPleader for Revenue for the respondents.Pleader for Revenue for the respondents.
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3. During hearing, learned counsel for the petitioner,[without][ touching][ the]merits of the case, requested this Court to issue a[direction][ to][ the][ respondents]not to dispossess/ evict the petitioner from his subject[without][ following][ due]process of law.merits of the case, requested this Court to issue a[direction][ to][ the][ respondents]not to dispossess/ evict the petitioner from his subject[without][ following][ due]process of law.
4. Learned Government Pleader for Revenue submits that,if the petitionerisin possession of the subject property, the respondents[would][ follow][ due]process of law and requested to pass appropriate orders.
5. When thepetitionerisinsettled possession and enjoymentoftheproperty, the petitioner cannot be dispossessed, without[following][ due][ process]of law in view of the law declared by the Apex Court[in][ “Rame][ Gowda][ (dead)]property, the petitioner cannot be dispossessed, without[following][ due][ process]of law in view of the law declared by the Apex Court[in][ “Rame][ Gowda][ (dead)]
byL.Rs.V. M.Varadappa Naidu (Dead) byL.Rs.1»Therefore,ifthepetitionerisinpossession of the subject property, the respondentsaredirected not to dispossess/evict the petitioner from his peacefulpossessionand enjoyment of the subject property.except by due process of law.
6. With the above direction, thewrit petition is disposed of at the stage ofadmission with the consent of both thecounsel. No costs.writ petition is disposed of at the stage ofadmission with the consent of both thecounsel. No costs.
Consequently, miscellaneous petitions pending, if any, shall also standclosed.
1 2004(1) see 769
//TRUE eOPY//
Sd/- M RAMESH BABUDEPUTY REGISTRAR
To
SEeTiON OFFICER
1. The PrI. Secretary, Revenue Department Secretariat, Velagapudi,AmaravthiAmaravthi 'r'
2. The District Collector,'Kurnool District, Kurnool
3. The Revenue Divisional Officer Adoni Division, Kurnool District
4. The Tahsiidar, Nandavaram Mandal, Kurnool District
5. One CC toSri. Tenepalli Niranjan, Advocate [OPUd]
6. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUf]
7. Three CD Copies
HIGH COURT
DATED:06/05/2025
ORDERWP.No.11754 of 2025
2 9 SEP 2025m)OVCo■SvOimnt
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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