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K NALLAPPA v. THE STATE OF ANDHRA PRADESH

Court: High Court of Andhra Pradesh

Bench: GANNAMANENI RAMAKRISHNA PRASAD

Judgment date:

Case summary

High Court of Andhra Pradesh judgment dated 2025-02-12. K NALLAPPA v. THE STATE OF ANDHRA PRADESH. Read the judgment and case details on LawSphereX.

Judgment text

■ ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI • (Special Original Jurisdiction) ^ WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3358 OF 2025 Between: 1. K Nallappa, s/o (Late) K Naganna, Aged about 45 years, 2. K. Vannurappa, s/o o (Late) K Naganna, Aged about 43 years 3. K. Nagalinga, s/o (Late) K Naganna, Aged about 40 years. 4. K. Adeppa, s/o (Late) K Naganna, Aged about 35 years. [All are R/o K. Chedulla village, Korapadu (PO), BK Samudram Mandal, Anantapur District] ... PETITIONER’S AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department (assignment). Secretariat at Velagapudi, Guntur District. 2. The District Collector, Anantapur District. 3. The Revenue Divisional Officer, Anantapur. Anantapur District. 4. The Tahsildar, BK Samudram Mandal, Anantapur District. 5. The State S. H. O, BK Samudram, Anantapur District. ...

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 OF MANDAMUS, declaring the action of the respondents 4 and 5 interfering the petition schedule property of the petitioners and obstructed the petitioners in Sy. N0. IO6-IAIA an extent of Ac. 1-50 cents situated in Chedhulla village, B. K. Samudram Mandal Anantapuramu District in as illegal, arbitrary, and against law. and > r-i '•c consequently direct the respondents 4 and 5 not to interfere with the petition schedule property of the petitioners, ii lA NO: 1 OF 2025 /f 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 direct the respondents 4 and 5 not to interfere with the petitioner's schedule property in Sy. N0. IO6-IAIA situated in Chedhulla village, B. K.

Samudram Mandal, Anantapuramu District pending the disposal of the writ petition. Counsel for the Petltioner’s:SRI. INENI VENKATA PRASAD Counsel for the Respondent No’s. 1 to 4: SRI A ARJUN CHOWDHARY AGP FOR REVENUE Counsel for the Respondent No. 5: SRI AJAY BABU, AGP FOR HOME The Court made the following ORDER: % APHC010059862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328] (Special Original Jurisdiction) WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3358/2025 Between; 1 . K NALLAPPA, S/0 (LATE) K NAGANNA, AGED ABOUT 45 YEARS, 2. K. VANNURAPPA, S/0 O (LATE) K NAGANNA, AGED ABOUT 43 YEARS, 3. K. NAGALINGA, S/0 (LATE) K NAGANNA, AGED ABOUT 40 YEARS. 4. K. ADEPPA, S/0 (LATE) K NAGANNA, AGED ABOUT 35 YEARS. ALL ARE RIO K. CHEDULLA VILLAGE, KORAPADU (PO), BK SAMUDRAM MANDAL, ANANTAPUR DISTRICT. ... PETITIONER(S) AND 1.

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT ( ASSIGNMENT). SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR. ANANTAPUR DISTRICT. 4. THE TAHSILDAR, BK SAMUDRAM MANDAL, ANANTAPUR DISTRICT. 5. THE STATE S H O, BK SAMUDRAM, ANANTAPUR DISTRICT. ... RESPONDENT(S): Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): -i 1. GPF0R HOME 2. GPFOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Ineni Venkata Prasad, learned Counsel for the Writ Government Pleader for Petitioners, Sri K. Arjun Chowdhary, learned Assistant Revenue appearing for the Respondent Nos. 1 to 4 and Sri Ajay Babu, learned Assistant Government Pleader for Home appearing for the Respondent No. 5. 2. The present Writ Petition is filed by the Writ Petitioners seeking a of the Writ mandamus not to interfere with the peaceful possession Petitioners.

Writ Petitioners claimed the right of ownership vide DKT Patta Petitioners has drawn granted in the year 2013. Learned Counsel for the Writ the attention of this Court to the DKT Patta dated 30. 12. 2013 (Ex. P. 4). 3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of it is served on the Bukkarayasamudram Mandal dated 06. 02. 2025. Copy of Counsel for the Writ Petitioners as well. This Written Instruction is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder: “R4 : Further I submit that, as writ petition filed by the petitioners, we are not interfere the petitioner’s subject land in Sy. No. 106-1A1A an extent of acres 1-50 cents of Chedulla Village of Bukkarayasamudram Mandal as the land was assigned to the petitioner’s father, namely K. Naganna S/o K. Lingappa, though D- Patta bearing No. D. A. R. Dis. No. 25/1423, dated 30-12- 2013. ” 4.

The above extract would indicate that the Official Respondents are not to an extent of Acs. 1. 50 cents interfering with the Petitioners’ land with regard Mandal, in Sy. No. 106-1A1A of Chedhulla Village, B. K. Samudram Ananthapuramu District. V 5. Having regard to the above extract, this Court deems it appropriate to without going into the dispose of this Writ Petition, at the admission stage, merit, directing the Official Respondents to follow the due process of law if any Writ Petitioners in the coercive action is sought to be initiated against the future. stands 6. With these observations and directions, this Writ Petition disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. SDI- K SRINIVASA RAJU ASSISTANTjRE^TRAR //TRUE COPY// SECm^ OFFICER To, Department (assignment), State of 1. The Principal Secretary, Revenue Andhra Pradesh, Secretariat at Velagapudi, Guntur District. 2. The District Collector, Anantapur District.

Divisional Officer, Anantapur. Anantapur District. 3. The Revenue 4. The Tahsildar, BK Samudram Mandal, Anantapur District. 5. The S. H. O, BK Samudram, Anantapur District. 6. One CC to Sri Ineni Venkata Prasad, Advocate [OPUC] REVENUE, High Court Of Andhra Pradesh. 7. Two CCs to GP FOR [OUT] FOR HOME, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP 9. Three CD Copies PRK I HIGH COURT DATED:12/02/2025 ORDER WP. No. 3358 of 2025 X 0't MAR 2C25 Co! • Current oeciran 'k-y ^£ffSPATCW^ DISPOSING OF THE W. P. , WITHOUT COSTS

Source: High Court of Andhra Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.