The High Court disposed of a writ petition filed by a landowner challenging possession interference by the third respondent related to Rythu Bharosa Kendra construction.
Direction to respondents not to interfere with petitioner's land, not to dispossess him, and not to proceed with construction without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MONDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION NO: 20183 OF 2020
Between:
A. Haribabu Achari, S/o. Tanappa Chari, Age 41 years, Occ: Cultivation, Rio. Poyya Village & Post, Tottambedu Mandal, Chittoor District.
...PETITIONER
AND
...RESPONDENTS
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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more specifically the action of the3rd respondent and their henchmen in interfering with the peaceful possession and enjoyment of the land admeasuring 1703 % (1457 '/ + 246) Sq.Yds in Sy. No. 55/2 in Poyya village and proceeding with the construction of Rythu barosa kendram in part of the land thereby dispossessing the petitioner from his land without following due process of law is illegal, high handed, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents not to interfere with petitioners land admeasuring 1703 '/2 (1457 '/2 + 246) Sq.Yds in Sy. No. 55/2 in Poyya village without following due process of law.
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to restrain the respondents from proceeding with the construction of rythu barosa Kendra in part of the petitioners land admeasuring 1703 '/2 (1457 '/2 + 246) Sq.Yds in Sy. No. 55/2 in Poyya village further directing the respondents and their henchmen not to interfere with the petitioners enjoyment of his land.
IA NO: 1 OF 2022
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 to permit this petitioner to bring the registered documents i.e., sale deeds DOC. No's. 874/1973, 875/1973 and Doc. No, 1506/2009 registered at Sub-registrar office, Srikalahasti on record.
Counsel for the Petitioner: SRI. PASALA PONNA RAO
Counsel for the Respondent No. 1: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT
Counsel for the Respondent No. 2,4: GP FOR REVENUE
Counsel for the Respondent No. 3 : SRI G. VENKAT REDDY, SC FOR GRAM PANCHAYATH
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20183 of 2020
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed seeking to declare the action of the respondents more specifically the action of the 3rd respondent in interfering with the peaceful possession and enjoyment of the land admeasuring 1703 1/ 2 Sq. yards in Survey No.55/2 in Poyya Village and proceeding with the construction of Rythu Bharosa Kendram in part of the land thereby dispossessing the petitioner from his land without following due process of law as illegal and arbitrary.
2
is in continuous possession of the property. While things stood thus the respondents are trying to construct Rythu Bharosa Kendram in the above said land. Aggrieved by the same, the petitioner filed the present Writ Petition.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
SDI- A. VIJAYA BABU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
PV
1
HIGH COURT
DATED:23/01/2023
ORDER
WP.No.20183 of 2020
i 3
~Iv
DISPOSING OF THE WP WITHOUT COSTS
c3 kOiVdS30
UGUOGS luaam3
£101 130 81
1 issue framed by the court
Whether the action of respondents in interfering with petitioner's possession and construction on the land is illegal, arbitrary and violative of Articles 14, 21 and 300A.
3 provisions across 2 enactments
A. Haribabu Achari
State of Andhra Pradesh
District Collector
Secretary, Poyya Panchayat
Tahsildar
D. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
