LAWS(APH)-2025-3-127

BHUTU NAGOORAIAH Vs. STATE OF ANDHRA PRADESH

Decided On March 19, 2025
Bhutu Nagooraiah Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:-

(2.) The case of the petitioner, in brief is that, the petitioner herein is the absolute owner and possessor of the lands admeasuring to an extent of Ac.0.85 cents in Sy.No.274/2A1, Ac.0.11 cents in Sy.No.275/2A3, Ac.0.11 cents in Sy.No.275/2A4 and Ac.0.11 cents in Sy.No.275/2A5 of Vadlapudi Village, Manubolu Mandal, SPSR Nellore District having acquired the said lands by way of assignment by respondent No.4 vide proceedings in ROC No.233/09. Accordingly, respondent No.4 recorded the name of the petitioner in the revenue records and also issued pattadar pass books in favour of the petitioner. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter and eking out his livelihood by doing agricultural operations. While so, on 12/3/2025, respondent No.4 along with his staff visited the subject lands of the petitioner and threatened the petitioner to vacate the subject lands. Subsequently, on 13/3/2025, the petitioner herein approached respondent No.4 and requested him not to evict the petitioner from the subject lands. Without considering the said request, without issuing any notice or without following due procedure as contemplated under the law respondent No.4 straight away directed the petitioner to evict the subject lands. Such action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioner without following the due procedure as contemplated under law is highly illegal, arbitrary and contrary to law. Hence, the writ petition.

(3.) Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.