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2025 DAILYLAW 13163 (AP)

VARADABANDI PRABHAKAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/8141/2025 · 2025-03-28

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA [ (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH : TWO THOUSAND AND TWENTY PRESENT PRADESH :: AA/IARAVATI DAY OF MARCH oi FIVE the honourable SRI JUSTICE ^^^^Riipeiition no- Rizti VENKATESWARLU NIMMAGADDA OF2025 Between: Varadabandi Prabhakar Reddy, S/o. Penchala ■N0.3-51A, Marlapudi, Sydapuram Reddy, age 60 Mandal, SPSR Nellore District years, R/o. -petitioner AND ■ The State of Andhra Pradesh, Rep.by its Principai Secretary 2 rZTr'' 3 ' ^ SPSR Neiiore District 4.' ThlTaTr SI ar, Sydapuram, Sydapuram Mandal, SPSR Nellore > Revenue District. District. District. ...RESPONDENTS of the Constitution of India is filed circumstances stated in the affidayit Hied therewith to issue an order Petition under Article 226 that in the ci praying . the High Court may be pleased or direction more particularly one the actions of the 2 '0 the nature of Writ respondents in petitioners of Mandamus declaring interfering with the to 4 possession and with plantation enjoyment of the Eucalyptus trees Ac. 4.13 cents in Ac. 6.94 cents in Survey No. SPSR Nellore agricultural land admeasuring in Ac. 0.40 cents i Survey No. 63-3, Survey No. of Survey No. 64-1 A Survey No. 63-2 in Ac. 4.68 cents iin 61-2A, Edulavarikandriga Village Without issuing any notice contemplated under law and Ac. 3.13 cents in Sydapuram Mandal, - and without 60-3 in District any procedure arbitrary against the 14,21 and 300 A of the following as Illegal, contrary to law, violation of Article principles of natural justice Constitution of India and consequently direct the 2 to 4 respondents not to interfere with the possession and enjoyment of the petitioners agricultural land with plantation of Eucalyptus trees admeasuring in Ac. 0.40 cents in Survey No. 64-1 A, Ac. 4.13 cents in Survey No. 63-3, Ac. 4.68 cents in Survey No. 63-2, Ac. 6.94 cents in Survey No. 61-2A, and Ac. 3.13 cents in Survey No. 60-3 in Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 to 4 respondents not to interfere with the possession and enjoyment of the petitioner’s agricultural land with plantation of Eucalyptus trees admeasuring in Ac. 0.40 cents in Survey No. 64-1 A, Ac. 4.13 cents in Survey No. 63-3, Ac. 4.68 cents in Survey No. 63-2, Ac. 6.94 cents in Survey No. 61-2A, and Ac. 3.13 cents in Survey No. 60-3 in Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District, pending disposal of the Writ Petition. Counsel for the Petitioner :Smt. MARELLA RADHA Counsel for the Respondent No’s. 1 to 4: GP FOR REVENUE The Court made the following ORDER: APHC010156812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8141/2025 Between: Varadabandi Prabhakar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8141/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of respondent Nos.2 to 4 in interfering with the possession and enjoyment of the petitioner’s agricultural land with plantation of Eucalyptus trees admeasuring in Ac. 0.40 cents in Survey No. 64-1 A, Ac. 4.13 cents in Survey No. 63-3, Ac. 4.68 cents in Survey No.63-2, Ac.6.94 cents in Survey No.61-2A and Ac.3.13 cents in Survey No.60-3 in Edulavarikandriga Village, Sydapuram Mandat, SPSR Nellore District, without issuing any notice and without following any procedure contemplated under law as illegal, contrary to law, arbitrary against the principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct respondent Nos.2 to 4 not to interfere with the possession and enjoyment of the petitioner’s agricultural land with plantation of Eucalyptus trees admeasuring in Ac.0.40 cents In Survey No.64-1A, Ac.4.13 cents in Survey No. 63-3, Ac. 4.68 cents in Survey No. 63-2, Ac.6.94 cents in Survey No.61-2A and Ac.3.13 cents in Survey No.60-3 in Edulavarikandriga Village, Sydapuram Mandal, SPSR Nellore District and pass such other order. ” 2. 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 interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader fs in possession of the subject process of law and for Revenue submits that, if the petitioner the respondents property would follow due requested to pass appropriate orders. 4. Having regard to the counsel for the petitioner Pleader for the in settled possession cannot be dispossessed, submissions made by the and the learned Assistant learned Government the petitioner is respondents, it is observed that when and enjoyment of the subject property, he process of law in in 7?ame Goivc/a (dead) ■ Therefore, if the without following due view of the law declared by the Apex Court i by L.Rs. V ' ^■^^•'3dappa Naidu (Dead) by i<, L.Rs. petitioner is in possession of the subject property, the respondents s peaceful possession are directed not to interfere with the petitioner and enjoyment of the subject property, except by due process of law. the writ petition is disposed of. 5. With the above direction. There shall be no order as to costs. As a sequel miscellaneous also stand closed. application, pending, if any, shall 20047TrSCC7M Sd/- A VENU GOPALA RAO assistant,REG trap SEdnON OFFICER //true copy// To. T The Principal r Pradesh, Secretariat, 2. The District Collector Secretary, Revenue r Velgapudi,Amaravati, Nellore, SPSR Nellore District. Department, State of Andhra Guntur District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. .The Tahsildar, Sydapuram, Sydapuram Mandal, SPSR Nellore District. 5. One CC to Smt. Marella Radha, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK HIGH COURT DATED:28/03/2025 ORDER 0OF WP.No.8141 of 2025 ov te 0 s m ?r?5 ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS