Andhra Pradesh High Court - Amravati
Nulakani Naga Srinivasa Rao vs The State Of Andhra Pradesh on 17 December, 2025
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE SEVENTEENTH DAY OF DECEMB
TWO THOUSAND AND TWENTY FIVE j|
iPRESENT: I
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 35136 OF 2025
Between:
Nulakani Naga Srinivasa Rao, S/o.Narasimha Rao, aged about 35 years, Occ-
Agriculture, R/o. D.No.2-23, Sriramavaram, Epigunta Post, T. Narsapuram
Mandal, Eluru District, Andhra Pradesh- 534432
... Petitioner
AND
1.
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi Village, Thulluru Mandal
Amaravati, Guntur District, Andhra Pradesh-522238
2. The Tashildar, T. Narsapuram Mandal, Eluru District, Andhra Pradesh-
534432
3.
Dasari Abbulu, S/o.Ramulu, aged about 36 years, R/o. T. Narsapuram
Village and Mandal, Eluru District-534 467, Andhra Pradesh-534432
4.
Jabba Venkata Jagannadha Rao, S/o. Narayana Swamy, aged about
53 years, R/o. Sriramavaram Village, Epigunta Post, T. Narsapuram
Mandal, Eluru District-534467, Andhra Pradesh-534432
... 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, direction or writ, more particularly one in the nature
of Writ of Mandamus declaring the action of the 2""' respondent in seeking to
demolish tobacco barn constructed by the petitioner in an extent of 396.6 Sq.
yards in RS.No.233-1, Sriramavaram hamlet of Epigunta Gram Panchayat, T.
Narsapuram Mandal, Eluru District, as illegal, arbitrary, without jurisdiction and
unconstitutional and consequently direct the 2nd respondent not to take any
coercive steps pursuant to the Notice dated 28.11.2025 and 10.12.2025.
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 direct the 2'^'^ respondent not to take any coercive steps pursuant to
the Notice dated 28.11.2025 and 10.12.2025, Pending disposal of WP 35136
of 2025, 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 Srinivasa Rao Bodduluri Advocate for the Petitioner and of
GP FOR REVENUE for the Respondents No.1 & 2 and the Court made the
following.
ORDER;
"Learned counsel for petitioner is permitted to take out personal
notice to respondent Nos.3 and 4 by RPAD and file proof of service in
the Registry.
The contention of the petitioner is that initiation of the action by
nd
the 2
respondent and issuing repeated notices to the petitioner is
without jurisdiction. In fact, the 2"^^ respondent has earlier issued one
notice and subsequent on 10.12.2025, second notice was Issued based
on the complaint of unofficial respondents with regard to construction of
the Tobacco barn. For such construction, the petitioner has also placed
reliance on the resolution passed by the Grama Panchayat. In fact, the
Grama Panchayat has considered the application made by the petitioner
and also granted permission.
When that being the situation, the 2"^ respondent has no
Jurisdiction to entertain the complaints made by the 3 rd and 4
respondents. Though the 2"'' respondent has no jurisdiction but the
petitioner has submitted his explanation on 12.12.2025 and without
passing any orders, the respondents are orally threatening the petitioner
that they are going to demolish the construction.
Learned Assistant Government Pleader appearing on behalf of the
respondents seeks time to get instructions with regard to the enquiry
undertaken by the 2"'* respondent. On perusal of the notice as well as the
complaint of the respondent Nos.3 and 4, this Court is of the opinion
that the 2"'* respondent has no jurisdiction to entertain the complaint
with regard to the construction as the construction is being made based
on the permission granted by the competent authority.
In view of the same, there shall be stay of all further proceedings
pursuant to the notice dated 10.12.2025 till the next date of listing. It is
made clear that the respondents are directed not to interfere with the
possession of the petitioner till then.
List after four weeks."
SDI- K.TATA RAO
DEPUTYAREGiSTRAR
//TRUE COPY//
SEC WON OFFICER
For
To,
1. The Principal Secretary, Revenue Department, Secretariat Buildings,
Velagapudi Village, Thulluru Mandal, Amaravati, Guntur District, Andhra
Pradesh-522238. (BY SPECIAL MESSENGER)
2. The Tashildar, T. Narsapuram Mandal, Eluru District, Andhra Pradesh-
534432.
3. Dasari Abbulu, S/o.Ramulu, aged about 36 years, R/o. T. Narsapuram
Village and Mandal, Eluru District-534 467, Andhra Pradesh-534432
4. Jabba Venkata Jagannadha Rao, S/o. Narayana Swamy, aged about
53 years, R/o. Sriramavaram Village, Epigunta Post, T. Narsapuram
Mandal, Eluru District-534467, Andhra Pradesh-534432. (Addressee
Nos.2 to 4 By RPAD)
5. One CC to Sri Srinivasa Rao Bodduluri Advocate [OPUC]
6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. OUT]
7. One spare copy
TSNR
HIGH COURT
DR,J
DATED: 17/12/2025
ORDER
LIST AFTER FOUR WEEKS.
WP.No.35136 of 2025STAY