H Venkatesulu Vs The State of Andhra Pradesh

¶1

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

¶2

FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ^

¶3

PRESENT

¶4

HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶5

WRIT PETITION NO: 4614 OF 2025

¶6

Between:

¶7

H Venkatesulu, S/o Harijanna Marenna, Aged about 40 years, Occ: Daily wage labourer, R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District:

¶8

Mantri Adinarayana, S/o Mantri Nagana, Aged about 38 years, Occ: Construction labourer, R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District.

¶9

Yerukula Maruthi, S/o Y.Thimmappa, Aged about 29 years, Occ: Mechanic, R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District.

¶10

Kolukonda Vaishnavi, D/o Rama Chandra, Aged about 24 years, Occ: House Maid, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District.

¶11

Mannila Soubhagya, W/o Mannila Rama Krishnaiah Aged about 42 years, Occ: House Maid, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District.

¶12

S.Sreedevi, W/o Narasimhulu, Aged about 43 years, Occ: Daily Wage worker, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District.

¶13

Harijana Nagesh, S/o Harijanna Naganna, Aged about 34 years, Occ: Mechanic, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District.

¶14

Dudekulla Kulayappa, W/o D Nabha Rasool, Aged about 34 years, Occ: Daily wage worker, R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District.

¶15

Mantri Chandrakala, W/o M.Ramesh, Aged about 31 years, Occ: House maid, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District.

¶16

lO.Varikuti Ravi, S/o V.Masthanappa, Aged about 32 years, Occ: street vendor, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal,

¶17

. Anantapur District. H.Mantri Nagabhushanam, S/o M.Pedanna, Aged about 42 years, Occ: Mechanic, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal, Anantapur District. D.Jaffar Vali, , S/o D.Nabhi Rasool, Aged about 42 years, Occ; Driver R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District.

¶18

13.Harijanna Mallesh, S/o H.Mallenna, Aged about 52 years, Occ: Daily Wage worker, R/a Ambedkar Nagar Colony, Somaladodi Village Anantapur Rural Mandal, Anantapur District.

¶19

H.S.Siva Sankar, S/o S.Marenna, Aged about 39 years, Occ; agricultural labour, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandal Anantapur District.

¶20

15.Madiga Chandramma, W/o M.Nagaraju, Aged about 25 years, Occ: Maid, R/a Ambedkar Nagar Colony, Somaladodi Village, Anantapur Rural Mandat Anantapur District.

¶21

...PETITIONERS

¶22

AND

¶23

The State of Andhra Pradesh,, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings Velagapudi, Amaravathi, Andhra Pradesh.

¶24

The District Collector, Anantapur District, Andhra Pradesh. 3. The Revenue Divisional Officer, Anantapur Rural Mandal Anantapur District, Andhra Pradesh.

¶25

The Tahsildar, Anantapur (Rural) Mandal, Anantapur District, Andhra Pradesh. X

¶26

...RESPONDENTS

¶27

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith. For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble court may be pleased to issue a writ, order or direction, more particuiarly one in the nature of Writ of Mandamus declaring the action of the respondents especially 4th

¶28

r

¶29

Respondent in interfering with the peaceful possession and enjoyment of the houses of the petitioners herein and threatening the petitioners that they would dispossess them from their houses to an extent of ranging^from 1 to 1/2 cents in Survey No. 97/2D, 97/2E of Somaladoddi Village, Anantapur Rural Mandal, Anantapur District without issuing any notice by forcefully and in highhanded manner under political pressures and without seeking any explanation and without following the due process of law as being illegal and arbitrary and violative of Principles of Natural Justice apart from violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective house sites situated in Survey No. 97/2D, 97/2E of Somaladoddi Village, Anantapuram Rural Mandal, Anantapur District, without following due process of^law. (Prayer is amended as per the Court’s order dt. 07.03.2025 in lA 03/25)

¶30

lA NO: 1 OF 2025

¶31

Petition under Section 151 CPC is filed praying thatⁱⁿ the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to take any coercive steps against the petitioners herein including dispossessing them from their houses situated in Survey No. 97/2D, 97/2E of Somaladoddi Village, Anantapuram Rural Mandal, Anantapur District without following due process of^law

¶32

lA NO: 2 OF 2025

¶33

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein to consider the representation dated 03-02-2025 made by the petitioners herein for grant of house pattas to the petitioners herein in Survey No. 97/2D, 97/2E of Somaladoddi Village, Anantapuram Rural Mandal, Anantapur District.

¶34

Counsel for the Petitioner: SRI V NITESH

¶35

Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER

¶36

APHC010086612025

¶37

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶38

[3329]

¶39

(Special Original Jurisdiction)

¶40

FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

¶41

PRESENT

¶42

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶43

WRIT PETITION NO: 4614/2025

¶44

Between:

¶45

H Venkatesulu and Others

¶46

...PETITIONER(S)

¶47

AND

¶48

The State Of Andhra Pradesh and Others

¶49

...RESPONDENT(S)

¶50

Counsel for the Petitioner(S):

¶51

1.VNITESH

¶52

Counsel for the Respondent(S):

¶53

1.GP FOR REVENUE

¶54

The Court made the following:

¶55

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶56

•r

¶57

WRIT PETITION No.4614 OF 2025

¶58

ORDER:-

¶59

The present writ petition is filed declaring the action^{of the respondentsin} interfering with the peaceful possession and enjoyment^{ofthesubjectpropertyof} the petitioners, without following due procedure as^{contemplatedunderlawas} illegal and arbitrary.

¶60

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.

¶61

Learned counsel for the petitioners submits that the petitioners herein along with another 150 families are residing and are^{inpossessionoftheland} admeasuring to an extent ranging from 1 to IV2 cents each situated at Sy.No.97/2D, 97/2E of Somaladoddi Village, Anantapuram Rural Mandal, Anantapur District from past five years without there^{beinganyinterferenceor} hindrance from any quarter. Later, the petitioners^{hereinconstructedmetal} sheet roofed houses/ thatched houses at their respective^{landsandsomeof} the petitioners also obtained electricity connection^{intheirfavour.Assuch,the} petitioners herein are in peaceful possession and enjoyment of their respective house properties. While things stood thus,^{respondentNo.4} is trying to interfere with the peaceful possession of^{thepetitionerswithout} following due process of law. For which, the petitioners herein submitted several representations requesting the respondents^{nottodispossessthem}

¶62

from the subject lands and prayed to issue house site pattas in their favour. Even after receipt of the said representations, respondent^{authoritiesneither} considered the same nor passed any orders otherwise. Aggrieved by the same, the petitioners herein filed the present writ petition.

¶63

On the other hand, learned Government Pleader for Revenue appearing for the respondents furnished written instructions dated 19.02.2025 wherein, the relevant portion of the said instructions is extracted hereunder: “At present the petitioners have encroached into the un-authorized layout and laid thatched houses in the Sy.No.97-2D, 2E to an extent of Ac. 1.24 cents of Somuladoddi Village and requested to 4^^ respondent for possession certificates to the encroached plots.

¶64

Hence, it is submitted that, no steps have been taken^to dispossess the petitioners from the above said land as alleged by the petitioners. If any further action is required in this matter should be taken up as per law in force only”.

¶65

On perusal of the said instructions, it is evident that the respondents are not taking any steps to dispossess the petitioners from their respective house sites. He further submits that if they intend to dispossess the petitioners from their respective house sites, they would follow due process of law.

¶66

Having regard to the submissions made by the learned^{counselforthe} petitioner and learned Government Pleader for the respondents,^inviewofthe clear and categorical submission made in the written instructions dated 19.02.2025, this Court is of the considered opinion that the present Writ

¶67

■■

¶68

not to dispossess the Petition can be disposed of, directing the respondents without following due process of law. petitioners from the subject property above direction, the Writ Petition is disposed of. There shall be 6. With the

¶69

no order as to costs. Petitions, if any, pending in the writ Consequently, Miscellaneous

¶70

petition shall stand closed.

¶71

//TRUE COPY//

¶72

Sdf- K.KASI RAO ACHAW ASSISTANT REGISTRAR

¶73

SE OFFICER

¶74

To,