Nenavath Deva Naik Vs the State of Andhra Pradesh

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APHC010293842025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT

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ru-
iO

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14739 OF 2025 Between:

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Nenavath Deva Naik, S/o. Bagunu Naik Aged 40 years, Occ. Farmer, R/o. 5- 25, Obulnaidu Palem, Pothunuru Revenue Village, Guntur West Mandal, Guntur District

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...Petitloner/s

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AND

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The State Of Andhra Pradesh, Represented by its Principal Secretary Secretariat, Velagapudi, Guntur District

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The District Collector, Guntur District

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The Revenue Divisional Officer, Guntur Division, Guntur^District

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The Tahsildar, Guntur West Mandal Guntur District 5. Koduri Manikanta Kumar, S/o. Not Known to Petitioner R/o. Governerpet, Vijayawada NTR District

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...Respondent/s

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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 writ order or direction more particularly^{oneinthenatureof} mandamus by declaring the action of the 4th respondent threatening to dispossess the petitioner from his assigned agriculture land admeasuring Ac. 2.40 cents in Sy No. 290 of Chodavaram Village, Guntur Rural Mandal, Guntur District, without following due process of law and without considering the explanation furnished by the petitioner in response to the notice issued by the 4th respondent dated 20-05-2025 and without passing final orders on the

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complaint made by the 5th respondent herein is illegal, arbitrary and unponstitutional.

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llrNO-1 OF 2025

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Petition under Section 151 GPC praying that in the circumstances stated

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in the affidavit filed in support of the petition, the High Court may be pleasedmay be pleased to direct the respondent authorities not to dispossess the petitioner from his agriculture land admeasuring Ac. 2.40 cents in Sy No. 290 of Chodavaram Village, Guntur Rural Mandal, Guntur District, pending disposal of the above Writ Petition.

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Counsel for the Petitioner: NEELAM SANKARA RAO

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following Order:

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[3329]

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APHC010293842025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 14739/2025

Between:

Nenavath Deva Naik

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT{S)

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Counsel for the Petitioner:

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1.NEELAM SANKARA RAO

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO:14739/2025

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ORDER:

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The present writ petition is filed under Article 226^{oftheConstitutionof}

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India seeking following relief:

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“ to issue writ, order or direction more particularly^oneinthe nature of mandamus by declaring the action of the 4^^ respondent threatening to dispossess the petitioner^from his assigned agriculture land admeasuring Ac. 2.40 cents in Sy.No.290 of Chodavaram Village, Guntur Rural Mandal,^Guntur District, without following due process of law and without considering the explanation furnished by the petitioner in response to the notice issued by the 4^^ respondent dated 20.05.2025 and without passing final orders on the^complaint made by the 5th respondent herein is Illegal, arbitrary, unconstitutional and pass such other order or orders....

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Heard learned counsel for the petitioner and learned Government

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Pleader for Revenue for the respondents.

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Learned counsel for the petitioner submits that the^{petitionerhereinis} the absolute owner and possessor of the land admeasuring^toanextentof Ac.2.40 cents in Sy.No.290 of Chodavaram Village, Guntur^RuralMandal, Guntur District having acquired the same by way of^{assignment.Sincefrom} the date of assignment, the petitioner has been in^{peacefulpossessionand} enjoyment of the subject property without there being^any interference or hindrance from any quarter. Further, the petitioner^{hereinpurchasedanextent}

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of Ac.1.50 cents in Sy.No.290 out of Ac.2.80 cents from one Sri Bella Draksharamam for a valid sale consideration. While so. basing on the complaint given by respondent No.5, respondent No.4 herein is interfering with the peaceful possession and enjoyment of the land admeasuring Ac.2.40 cents in Sy.No.290 of Chodavaram Village, Guntur Rural Mandal, Guntur District, which was assigned to the petitioner. Later, without serving the complaint of respondent No.5, the respondent No.4 herein issued impugned proceedings dated 20.05.2025 to the petitioner, directing to appear before him on 27.05.2025 along with all the documents pertaining^{tothelandtoanextent} of Ac.2.40 cents in Sy.No.290. For which, the petitioner^{hereinsubmittedhis} detailed explanation dated 02.06.2025 to the respondent authorities. Even after receipt of the said representation, the respondents^{neitherconsidered} the same and passed any order nor acted upon the said explanation and withdrawn the enquiry. Hence, the writ petition.

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On the other hand, learned Government Pleader for Revenue submits that the explanation dated 02.06.2025 submitted by the petitioner pursuant to the notice dated 20.05.2025 would be considered by the respondents in accordance with law, within a reasonable time.

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Having regard to the submissions made by the learned^{counselforthe} petitioners and learned Government Pleader for the respondents, on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the explanation submitted by the petitioner on 02.06.2025 pursuant to the

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notice dated 20.05.2025, after conducting a detailed enquiry and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner.

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