Kilaram Gopala Krishna v. The State of Andhra Pradesh

the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass orders, writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the in-action of the Respondent Nos.2 to 5 in considering my representation dated 08- 11-2024 and 23-01-2025, pertaining to protecting my valuable property rights in the property covered by 209 Sq. yards covered by Plot No. 69, situated in R.S. No. 8/5, 8/40 covered by L.P. No. 9/2004/VJA, which is a VGTUDA approved layout, in Poranki village, as violative of Articie-14, 21 and 300A of the Constitution of India, thereby direct the Respondent Nos. 2 to 5, ’to consider my representation dated 08-11-2024 and 23-01-2025 made to the Respondent Nos. 2 to following investigation in accordance with the procedure established by law, in the interest of Justice. 5 as expeditiously as possible by enquiry and conclude process lA NO: 1 OF 2025 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 pass interim orders directing the Respondent Nos. 2 to 5, to initiate the process of enquiry and investigation matter in pursuance of the representation s dated 08-11-2024 and 23-01-2025 in accordance with the procedure established by law in the interest of justice. Counsel for the Petitioner: SRI ANIL KUMAR DASARI Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: SRI A.S.C.BOSE, SC FOR The Court made the following: ORDER MUNICIPALITIES APHC010047132025 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2926/2025 Between: Kilaram Gopala Krishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:

1.ANIL KUMAR DASARl Counsel for the Respondent{S):

1.GP FOR HOME

2.GP FOR REGISTRATION AND STAMPS The Court made the following: f ORDER:

#1. During hearing learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his land without following due process of law.

#2. Learned counsel appearing for the respondents, admitted that the his land and the respondents of law and requested to pass appropriate petitioner is continuing in possession of authorities would follow due process orders.

#3. When the petitioner is property, the respondents are in settled possession and enjoyment of the not entitled to interfere with their possession and enjoyment of petitioner and such highhanded action depriving the petitioner’s violating constitutional respondents would amount to right guaranteed under Article 300-A of the Constitution of India, besides of India. Even assuming for a moment violation of Article 14 of the Constitution that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law v. Rame Gowda (dead) by L.Rs. declared by the Apex Court M.Varadappa Naidu (Dead) by L.Rs. when the petitioner is in settled 2004(1) see 769 possession and enjoyment of the property, he cannot be dispossessed without following due process of law.

#4. Further, Respondent No.5 is directed to consider the representation of the petitioner dated 08.11.2024 and dispose the same in accordance with law within four weeks from the date of receipt of copy of this order.

#5. Till disposal of the representation of the petitioner, the respondents are directed not to dispossess the petitioner from his property, except by due process of law.

#6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs.

#7. Consequently, miscellaneous petitions pending, if any, shall also stand / i/ closed. To, //TRUE COPY// SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR SE CTOIN OFFICER

#1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, AP.

#2. The Superintendent of Police, Krishna District SP Office, Reserve Police Quarters, Machilipatnam, 521002

#3. The SHO, Penamaluru Police Station, Penamaluru Police Station, Kanuru Road, Ashok Nagar, Vijayawada-520007.

#4. The District Registrar, District Registrar Office, Ramanaidu, Machilipatnam, Krishna District, A.P.

#5. The Municipal Commissioner, YSR Tadigadapa Municipality, Near Old Panchayat office. Bandar Road, Poranki, Krishna District, A.P

#6. One CC to Sri Anil Kumar Dasari, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipalities[OPUC] \ '8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

#9. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT]

#10. Three CD Copies. HIGH COURT DATED:05/02/2025 > ORDER WP.No.2926 of 2025 AND/y^ o 15 FEB 2025 . Current Section . ^ ^s^spatcva€$,^5 Co DISPOSING OF THE W.P. WITHOUT COSTS