Andhra Pradesh High Court
WP/32556/2023 of UPPARA RAMUDU Vs THE STATE OF ANDHRA PRADESH on 29 December 2023
COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32556 OF 2023 Between; Uppara Ramudu, S/o Uppara Eranna, Aged about 37 years, Occ
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI(Special Original Jurisdiction)FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREEPRESENTTHE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATIWRIT PETITION NO: 32556 OF 2023
Between;Uppara Ramudu, S/o Uppara Eranna, Aged about 37 years, Occ Agriculture,R/o Gavigattu Village, Jummaladinne Post, Peddakadabur Mandal, Kurnoo’lDistric...PetitionerAND1. The State of Andhra Pradesh, Represented by it's Principal Secretary,Revenue Department, Secretariat, Velagapudi, Guntur District.2.The District Collector, Kurnool.3. The Special Collector, Adoni 3.4. The Tahsildar, Peddakadabur Village and Mandal, Kurnool District5. The Superintendent of Police, Kurnool6. The Station House Officer, Peddakadabur Village and Mandal, KurnoolDistrict.7. The Divisional Railway Manager, Guntakal, DRM Office, Guntakal TownAnanthapur District...Respondents Petition under Article 226 of the Constitution of India is filed praying that inthe circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Order or direction particularly one in the nature of Writ ofMandamus declaring the actionof the Respondentsininterferingwiththepeaceful possession of the Petitioners house property without initiating any stepsunder the Land Acquisition Act and in issuing notice dated 12.10.2023, by the 4threspondent as illegal and arbitrary and violative of Articles 14, 21 and 300-A ofthe Constitution of India and consequently to set-asidethe same andfurtherdirect the Respondents not to interfere with the possessionof thePetitionershouse property without following due process of law.
Petition under Section 151 CPC is filed praying that[in][ the][ circumstances]kated in the affidavit filed in support of the writ petition, the High Court may bepleased to direct the Respondents not to interfere with the peaceful possession ofthe Petitioners house property, pending disposal of[the][ Writ][ Petition.]
Counsel for the Petitioner: SRI. M SRIKANTH
Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE
Counsel for the Respondent Nos. 5 &6: GP FOR HOME
Counsel for the Respondent No. 7: GP FOR CENTRAL GOVERNMENT
The Court made the following: ORDER
HONOURABLE SRI JUSTICE RAVI CHEEMALAPATIWRIT PETITION No.32556 of 2023
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ORDER:-
The short grievance of the petitioner is that underthe guise of notice dated12.10.2023, the respondentsareinterfering with the peaceful possession of thepetitioner’shouse property without initiating any steps under the[Land]Acquisition Act, 2013.
2. HeardSriM.Srikanth,learnedcounselforthepetitioner and the learned Assistant Government Pleaders[for]Revenue and Home.petitioner and the learned Assistant Government Pleaders[for]Revenue and Home.
3. Learned counsel for the petitioner in elaborationto what has been statedin the affidavit contended that thepetitioner is the absolute owner andis in possession[of][ the]subject house property from the year 2008 and paying[house]tax to the revenue authorities. On 12.10.2023, the[Tahsildar]issuedanoticevideR.S.No.560/2023tothepetitionerinforming that, he is constructing a house in the subject[land]illegally and the land is required for public purpose i.e.,forconstructionof anunderbridgebyrailways.Hefurtherto what has been statedin the affidavit contended that thepetitioner is the absolute owner andis in possession[of][ the]subject house property from the year 2008 and paying[house]tax to the revenue authorities. On 12.10.2023, the[Tahsildar]issuedanoticevideR.S.No.560/2023tothepetitionerinforming that, he is constructing a house in the subject[land]illegally and the land is required for public purpose i.e.,forconstructionof anunderbridgebyrailways.Hefurther contendedthatrespondentsareinterferingwiththepetitioner’s subject property without initiating anystepsunder the Land Acquisition Act, 2013.Aggrieved by the same,filed the present Writ Petition andprayed to pass appropriateorders in this regard.
Conclusion
4. On the other hand, learned AssistantGovernmentPleader for Revenueon written instructions dated 18.12.2023submitted that the respondentsarenot interfering with thepetitioner’spropertyandtheallegationsmadebythepetitioner against the respondentsare incorrect and prayedto dismiss the Writ Petition.
5. In response to the same, learned counsel for thepetitioner requested to record the said written instructionsand prayed to close the Writ Petition.
6. Perused the record.
7.
7. The main grievance of the petitioner is that therespondent authoritiesarenot interfering with the petitionerssubjectproperty.Asperthewritteninstructionsdated18.12.2023,the respondentsarenotinterfering withthepetitioners subject property, in view of the same, nothing grievance of the petitioner is that therespondent authoritiesarenot interfering with the petitionerssubjectproperty.Asperthewritteninstructionsdated18.12.2023,the respondentsarenotinterfering withthepetitioners subject property, in view of the same, nothing remains for adjudication and the Writ Petition is liable to beclosed.
8. Accordingly,the WritPetitionisclosed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions,ifany.
shall stand closed.
SD/- P. VINOD KUMARASSISTANT REGISTRAR
To,
//TRUE COPY//
SECTION OFFICER
1. One CC to SRI. M SRIKANTH Advocate [OPUC]
2. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
3. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT]
4. Two CCs to GP FOR CENTRAL GOVERNMENT, High Court[of][ Andhra]Pradesh. [OUT]Pradesh. [OUT]
5. Three CD Copiescsbssbcsbssb
HIGH COURTM
9
.DATED: 29/12/2023
ORDERWP.No.32556 of 2023
OiAf'iOiVi •.Cb\rn? 7 MAY 202'!OrCurrent 3e:wtlon7-Cc-■'K^VJ:
CLOSING THE WP WITHOUT COSTS