Research › Search › Judgment

High Court of Andhra Pradesh · body

2023 DAILYLAW 2219 (AP)

POTHIREDDY VENKATA SARVARAYUDU v. THE STATE OF AP

WP/32341/2023 · 2026-07-20

Challa Gunaranjan, Lisa Gill

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010628382023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 32341 of 2023 Bench Sr.No:-62 [3584] Pothireddy Venkata Sarvarayudu and others ...Petitioner(s) Vs. The State of AP and Others ...Respondent(s) ********** Counsel for Petitioner: MANGENA SREE RAMA RAO Counsel for Respondent/s: GP FOR REVENUE, P NAGENDRA REDDY CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 21st July 2026 ORDER: (per Hon’ble Sri Justice Challa Gunaranjan) This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the official Respondents No.1 to 9 in not taking any action against the un-official Respondents under the provisions of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic offenders and Land Grabbers Act, 1986, police standing orders for their high handed action of interference of agricultural operations, damaging standing crop, Land Grabbing activities particularly behaving/acting in the manner of prejudicial to 2 HCJ & CGR, J W.P. No.32341 of 2023 the maintenance of public order and not protecting our person and property covered in different extents in different survey numbers in R.S.Nos.216/2, 222, 230, 229/3, 200, 310, 203/3, 203/1, 359, 403/3, 402/2, 309 of Beemolu Village of Gopalapuram Mandal in-spite of orders from Supreme Court and High Court in our favour as illegal, irregular, arbitrary violative of provisions of Criminal Procedure Code, contrary to the findings by Hon'ble Apex Court, Hon'ble High Court and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the official respondents to initiate proceedings against the unofficial respondents under the provisions of Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic offenders and Land Grabbers Act, 1986 (PD Act), open rowdy sheets/history sheets against un-official respondents and pass such other orders.” 2. Heard Sri Mangena Sree Rama Rao, learned counsel appearing for petitioners, learned Government Pleader for Revenue for official respondents and Sri K.Sazid, learned counsel, representing Sri P.Nagendra Reddy, learned counsel for unofficial respondents. 3. Petitioners are all owners of various extents of parcels of land situated at Beemolu Village, Gopalapuram Mandal, West Godavari State. Originally, they were tenants of original landlords 3 HCJ & CGR, J W.P. No.32341 of 2023 namely Marredi Jaggarao and Butchi Raju. In pursuance to the proceedings initiated under the provisions of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Land Reforms Tribunal initially rejected the claim of tenants as occupants by order dated 27.11.1975. However, the same has been reversed in appeal before Land Reforms Appellate Tribunal in favour of the petitioners. Further revision preferred by the Government in CRP Nos.2313 of 1982 and batch came to be dismissed by this Court on 31.01.1985. The said order eventually came to be affirmed by Hon’ble Apex Court in G.Brahmayya and others v. Ala Venkaterao and others1. 4. In view of established long and continuous possession, petitioners’ rights got confirmed and eventually they had preferred claims before the Tribunal and by order dated 21.07.2023, the Tribunal has accepted the same and in pursuance thereto, the revenue records were also mutated in their favour. Despite the same, the original landowners and persons acting through them stated to be continuously obstructing petitioners from cultivating these lands. At that juncture, suit in O.S. No.76 of 2017 came to be 1 (1990) 2 SCC 283 4 HCJ & CGR, J W.P. No.32341 of 2023 preferred on the file of learned IX Additional District Judge, West Godavari, seeking injunction, and accordingly an order of injunction came to be passed. 5. Further, petitioners have also sought for police aid by filing W.P. No.10793 of 2020 and W.P. No.16492 of 2021, which came to be allowed by orders dated 15.09.2020 and 08.12.2022 respectively. Despite aforesaid orders, it is claimed that the respondents are not implementing the same in the true letter and spirit. 6. The 9th respondent filed counter stating that enough police are being deployed as and when required, particularly, at the time of harvesting of the crops. The counter also narrates about some of the incidents which have happened during the past period. It is stated that against the obstructors various crimes came to be registered. The details of crimes mentioned are (i) Cr.No.285/2023, (ii) Cr.Nos.204/2022, (iii) Cr.No.310/2022 & (iv) Cr.No.183/2023, registered on the file of Gopalapuram PS. Further, the 9th respondent has reiterated that they would provide protection to the lands of the petitioners whenever required and also implement the law and order strictly and enforcing the same. 5 HCJ & CGR, J W.P. No.32341 of 2023 7. We have heard learned counsel appearing for the parties and perused the record. 8. We are convinced that the official respondents are taking sufficient proactive steps and follow-up action in protecting the petitioners lands from the unofficial respondents. However, we may add that the respondents shall continue to ensure enough security and protection is given to the petitioners during the time of harvesting of their crops. Further, the respondents are also to ensure the investigation in pending cases is completed and are taken to logical end for punishing the offenders in accordance with law. 9. With the foresaid observations, this writ petition stands disposed of. No costs. As a sequel, miscellaneous petitions pending in this case, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J SS