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2025 DAILYLAW 13804 (AP)

CHINTALA CHINNA NARASIMHA REDDY v. The State of Andhra Pradesh,

WP/8642/2025 · 2025-04-02

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8642 OF 2025 Between; Chintala Chinna Narasimha Reddy, S/o. Pedda Gangi Reddy, Aged about 53 years, Occ; Agriculture, R/o. Gollapalli Village, Raptadu Mandal Ananthapuramu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Ananthapuramu District at Ananthapuramu. 3. The Superintendent of Police, Ananthapuramu District at Ananthapuramu. 4. The Revenue Divisional Officer, Ananthapuramu, Ananthapuramu District. 5. The Tahsildar, Raptadu Mandal, Ananthapuramu District. 6. The Station House Officer, Raptadu P.S , Ananthapuramu District. ...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 order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents in trying to dispossess the petitioner from his land an extent of 9.39 cents in Sy. No. 67 situated in Maruru fields , Raptadu Mandal, Ananthapuramu District without any notice or order as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioners subject land an extent of 9.39 cents in Sy. No. 67 situated in fi^rufu fields, Raptadu Mandal, Ananthapuramu District. . ' JA 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 Respondents not to interference with the Petitioner subject land an extent of 9.39 cents in Sy. No. 67 situated in Maruru fields , Raptadu Mandal, Ananthapuramu District. Counsel for the Petitioner: SRI BANDI SRIHARI Counsel for the Respondent Nos.1,2,4 & 5: GP FOR REVENUE Counsel for the Respondent Nos.3 & 6: GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8642/2025 This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the Respondents in trying to dispossess the petitioner from his land an extent of 9-39 cents in Sy.No.67 situated in Maruru fields, Raptadu Mandal, Ananthapuramu District without any notice or order as illegal arbitrary violation of principles of natural justice and violation of Articles 14, 19 (1)(g) 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioners subject land an extent of 9-39 cents in Sy.No.67 situated in Maruru fields Raptadu Mandal Ananthapuramu District. 1. 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of the land admeasuring an extent of 9-39 cents in Sy.No.67, situated in Maruru fields, Raptadu Mandal, Anantapuram District. The subject land originally belonged to the petitioner’s father. After the demise of his father, the petitioner and his brothers jointly succeeded the estate of their father and they got executed a registered partition deed dated 16.12.2004. Since then, pursuant to the partition, the petitioner has been in possession and enjoyment of the subject property without any interference from third parties. MoreoA^e^the revenue authorities have duly recorded the petitioner’s name in the revenue records and pattadar passbook was also issued in favour of the petitioner. 3. The learned counsel for the petitioner submits that, in the year 2021 third parties tried to interfere with the peaceful possession and enjoyment of the subject property. Consequently, the petitioner instituted O.S.No.1013 of 2021 before the Junior Civil Judge's Court, Anantapuramu seeking permanent injunction. An interlocutory application a suit was also filed seeking a temporary injunction and the Trial Court was pleased to grant the in favour of the petitioner. However, despite the temporary injunction same order passed by the Court below, the respondents continued to interfere with the petitioner’s peaceful possession and enjoyment of the property. Therefore the petitioner preferred W.P.No.31452 of 2022 before this Hon’ble Court, and this Court directed the respondents not to interfere with the petitioner’s possession and enjoyment of the subject property. Even after the directions this Court, Respondent Nos.5 & 6 of are still interfering with the subject land which is contrary to law. Hence, this writ petition. 4. On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents submits that, if the respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, they will adhere to follow due process of law as contemplated under law. Of the law declared by the Apex Court in “Rame Gowda (dead) 5. In view L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs/, when the petitioner is in enjoyment of the property, he cannot be of law. Therefore, the / r settled possession and dispossessed, without following due process directed not to interfere with and dispossess the petitioner respondents are from the subject property, except by due process of law. 6. With the above direction, writ petition is disposed of. No costs. miscellaneous applications pending if any, shall stand 7. Consequently closed. li 2004 (1) see 769 K SRINIVASA RAJU registrar glToFFlCER SD/- assistan //true copy// SEC To Department, State of Andhra 1 The Principal Secretary, Revenue Pradesh A P. Secretariat. Velagapudi, Guntur District. ' District at Ananthapuramu. 2 The District Coiiector, Ananthapuramu 3. The superintendent of Poiice, Ananthapuramu Distric a Ananthapuramu. 4. The Revenue District. , Ananthapuramu Divisional Officer, Ananthapuramu Tahsildar, Raptadu Mandal, Ananthapuramu District. House Officer, Raptadu P.S , Ananthapuramu Distric i Bandi Srihari, Advocate [OPUC] to GP for Revenue, High 5. The 6. The Station 7. One CC to Sri 8. TwoCC’s 9. Two CC’s to GP for Home, High Court Court of Andhra Pradesh. [OUT] of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED:02/04/2025 ORDER WP.No.8642 of 2025 t 17 APR 2025 ^ . Current Jiecuon DISPOSING OF THE W.P. WITHOUT COSTS