Gorijavolu Satish vs The State Of Andhra Pradesh
2024 Latest Caselaw 10025 AP

Andhra Pradesh High Court - Amravati

Gorijavolu Satish vs The State Of Andhra Pradesh on 7 November, 2024

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APHC010489712024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                   [3328]
                          (Special Original Jurisdiction)

              THURSDAY ,THE SEVENTH DAY OF NOVEMBER
                  TWO THOUSAND AND TWENTY FOUR

                              PRESENT

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD

                     WRIT PETITION NO: 25211/2024

Between:

  1. GORIJAVOLU SATISH, S/O. LATE SUBBA RAO AGED ABOUT 53
     YEARS, OCC. AGRICULTURE,     R/O. NIMMAGADDAVARIPALEM
     VILLAGE, PRATHIPADU MANDAL, GUNTUR DISTRICT.

                                                        ...PETITIONER

                                 AND

  1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
     SECRETARY      REVENUE DEPARTMENT,        SECRETARIAT
     BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

  2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT.

  3. THE TAHSILDAR, PRATHIPADU MANDAL, GUNTUR DISTRICT.

  4. AKA SUBRAMANYAM, S/O. RAMA RAO,      R/O. 4TH LANE,
     ARUNDALPET, GUNTUR,    GUNTUR DISTRICT, MANAGING
     TRUSTEE OF DANDAYYAPELM CHERUVU SITUATED IN D.NO. 294
     OF NIMMAGADDAVARIPAELM VILLAGE HAMELT OF PRATHIPADU,

                                                    ...RESPONDENT(S):

Counsel for the Petitioner:

  1. PRABHU NATH VASIREDDY

Counsel for the Respondent(S):

  1. GP FOR REVENUE
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ORDER:

Heard Sri C.H Nageswara Rao, Learned Counsel appearing on behalf of Sri Prabhu Nath Vasireddy, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue.

2. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instructions dated 05.11.2024 furnished by the Tahsildar, Prathipadu Mandal. The copy of this Written Instructions along with material papers is supplied to the Learned Counsel for the Writ Petitioner. The same is taken on record.

3. Sri C.H Nageswara Rao, Learned Counsel appearing on behalf of Sri Prabhu Nath Vasireddy, Learned Counsel for the Writ Petitioner submits that the Writ Petitioner is a Tenant in respect of the Tank that is vested with the Trust (represented by the Respondent No.4) he would submit that when there was interference by the Third Parties and as well the Government, the Trust (through respondent No.4) has approached the Civil Court by filing O.S.No.1637 of 1980 before the III Additional Munisif Magistrate, Guntur. Learned Counsel for the petitioner submits that the III Additional Munisif Magistrate, Guntur had rendered a judgment in favour of the Plaintiff declaring that the Tank belongs to the Trust (Ex.P7). Learned Counsel for the Writ Petitioner submits that the District Collector and the Tahsildar, Guntur were arrayed as Respondent Nos.17 & 18 respectively.

4. While so, the Official Respondents herein have issued Notice under Section 7 of A.P Land Encroachment Act, 1905 directing the Writ Petitioner herein, who is infact a Tenant of the Trust, to vacate from the premises.

5. Learned Counsel for the Writ Petitioner would submit that the judgment and Decree dated 21.04.1986 in O.S.No.1637 of 1980 had attained finality because no appeal is filed by any of the parties, including the District Collector and the Tahsildar and therefore the Government has no domain over the subject land mentioned in the Judgment. In this view of the matter, the Notice issued under Section 7 of A.P Land Encroachment Act, 1905 and the

Consequential Notice under Section 6 of A.P Land Encroachment Act, 1905 are illegal.

6. This Court, having considered the Judgment i.e., (Ex.P7) is of the Prima facie opinion that the balance of convenience is in favour of the Writ Petitioner. There shall be a direction to the Official Respondents not to interfere with the peaceful possession of the Writ Petitioner until further orders. There shall be a further direction suspending all the proceedings which are coercive in nature, until further orders.

7. Learned Counsel for the Writ Petitioner is directed to take out Personal Notice in respect of the Unofficial Respondent No.4 within one week from today and file proof of receipt of Notice within a week thereafter.

8. Let Counter Affidavit be filed within four weeks. Two weeks thereafter for filing Re-joinder, if any.

9. Post on 19.12.2024.

__________________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J

Date: 07.11.2024 ANS