Seeram Chinna Dhanayya vs The Government Of Ap
2021 Latest Caselaw 182 AP

[3209 ]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA \

WRIT PETITION NO: 958 OF 2021

 

Between:

Seeram Chinna_Dhanayya, S/o late S. Appanna, Aged about 60 years,
Rosngriculturist, R/o D.No.7-90, Swarna Bharathi Nagar, Rushikonda, Visakhapatnam,
.P. 530045

Petitioner

AND

1. The Government of Andhra Pradesh, Pradesh Rep by it's Chief Secretary,
Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P.

2. The District Collector, Visakhapatnam, Andhra Pradesh

3. The Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam Dist,
A.P.

4. The Tahsildar, Visakhapatnam Rural Mandal, Chinagadili, Visakhapatnam,
Andhra Pradesh

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 an order or
direction more particularly one in the nature of Writ of MANDAMUS by declaring the
high-handed action of Respondent No. 4 and his sub ordinates and other revenue
Officials caused interference and demolished the structures in petitioners land i.e. 21
Cents in Sy.No.19 Rushikonda Village, Visakhapatnam without following due propose
as being illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of
India and without power or jurisdiction apart from contrary to the judgment rendered by
Hon'ble Apex Court in a case of State of - Andhra Pradesh Vs. Tummala Krishna Rao-
reported in AIR 1982 S.C. page 1081 hence the action of the respondents are liable to
be thrown out and consequently and contrary to Principles of Natural Justice by direct
the Respondent No.3 and 4 not to dispossess petitioner by causing further interference
where he is rearing his cattle for my livelihood;

IA NO: 1 OF 2021

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
Respondents not to dispossess the petitioner in 21 Cents of land in Sy.No.19 at
Rushikonda Village, Visakhapatnam, pending disposal of the Writ Petition No. 958 of
2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri.'Kommula Venkata Ratna
Rao Advocate for the Petitioner and of GP for Revenue for Respondents, the Court
made the following. .
 

e
2

" _ ORDER:

Heard the learned counsel for the petitioner and the learned Assistant

Government Pleader for Revenue.

The grievance of the petitioner in the present Writ Petition is that the
respondents are trying to dispossess the petitioner from the subject land without
following due process of law.

The learned counsel for the petitioner submits that the petitioner is in
possession and enjoyment of the property in question for more than 50 years and
he has been paying house tax and also electricity charges in respect of the
property in question. He further contends that the action of the respondents in
trying to dispossess the petitioner from the subject property without issuing any
notice or without following due process of law is contrary to the law laid down in
case of "State of Andhra Pradesh Vs. Tummala Krishna Rao" reported in AIR
1982 S.C page 1081.

The learned Assistant Government Pleader for Revenue on the other hand
submits that the petitioner is an encroacher. Be that as it may, since it is
specifically averred in the Writ Petition that the petitioner is in possession and
enjoyment of the property, the respondents are directed not to dispossess the

petitioner from the subject land without following due process

 

of law.
Lo
List the matter after four(4) weeks. Sd/-M.Suryanadh eddy
ASSISTANT, REGISTRAR
IMTRUE COPYII | SECTION'OFFICER
To,

1. The Chief Secretary, Revenue Department, Government of Andhra Pradesh,
Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P.

The District Collector, Visakhapatnam, Andhra Pradesh
The Revenue Divisional Officer, Visakhapatnam Division, Visakhapatnam Dist.,
A.P.

4. The Tahsildar, Visakhapatnam Rural Mandal, Chinagadili, Visakhapatnam,
Andhra Pradesh (1 to 4 by RPAD)

One CC to Sri.Kommula Venkata Ratna Rao Advocate [OPUC]

Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

One spare copy

ON

NON

SRL
 

 

- HIGH COURT

NJSJ

DATED:19/01/2021

NOTE: LIST THE MATTER AFTER FOUR (4) WEEKS

ORDER

WP.No.958 of 2021

DIRECTION

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