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2025 DAILYLAW 15366 (AP)

G RAJASEKHAR v. M NAGARANI

WA/443/2025 · 2025-04-17

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: ANIARAVATI SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE HON’BLE SRI JUSTICE DHIRAJ SWGH^ AND HON-BLE SRI JUSTICE R.RAGHUNANDAN § AMO -/ « i oT' '■'sJ t A ■. - N <; f/Q: \ 'C 3 1! li: o \\V o\^ .'■i THAKUR, the chief JUSTra RAO WBULA^PPEAL NO! 443 OF 209^ Writ Appeal under Clause 15 dated 11-03-2025 of the Letters Patent preferred passed in W.P 14428/2024 against the order on the file of the High Court. BETWEEN: 1. G.RajaSekhar, S/o Veerabhadraiah, Aged about 45 years,Occ;Cultivation,Banakamdoddi Village BattamdoddiPanchayat,PeddapanajamMandal,ChittoorDistrict. 2. G.SomaSekhar, S/o, Veerabhadraiah, Aged about 43 years,Occ:Cultivation,Banakamdoddi Village BattamdoddiPanchayat, PeddapanajamMandal,Chittoor District. 3. G. Chandra Sekhar ,S/o . Veerabhadraiah, Aged about 42 years,Occ;Cultivation,Banakamdoddi Village BattamdoddiPanchayat, PeddapanajamMandal,Chittoor District. 4. G.RajaKumar,S/o . G.Rajasekhar, Aged about 30 years,Occ;Cultivation,Banakamdoddi Village Karasanapalli Post. PeddapanajamMandal.Chittoor District. ’ 5. G.VinayKumar.S/o . G.Somasekhar, Aged about 21 years.Occ:Cultivation,Banakamdoddi Village Karasanapalli Post, PeddapanajamMandal.Chittoor District. ’ 6. G.Bharathi.W/o . G.Somasekhar, /\ged about 37 years,Occ:Cultivation,Banakamdoddi Village Karasanapalli Post, PeddapanajamMandal.Chittoor District.’ 7. G.PeddaVeeraswamy.S/o . Late G.Rachaiah, Aged about 72 years,Occ:Cultivation,Banakamdoddi Village BattamdoddiPanchayat, PeddapanajamMandal.Chittoor District. Appellants/ Respondents to 14) AND 1. M.Nagarani. W/o. G. Chidanandaiah, Aged about 42 years.Occ:Cultivation,’R/o. Banakamdoddi Village Karasanapalli Post. PeddapanajamMandal.Chittoor District. Petitioner/Respondent y 2.The State of Andhra Pradesh,Rep. by its Principal Secretary, Home Department,Secretariat,Velagapudi, Amaravathi,Guntur District. 3. The Director General of Police, Mangalagiri,Guntur District-5225202: 4.The Deputy Inspector General of Police, RayalaseemaRange,Ananthapur-510051. 5. The District Superintendent of Police, Palamaner Division,Chittoor,Chittoor District -517002. 6.The Circle Inspector of Police, Gangavaram Police Station, GangavaramMandal.Chittoor District. 7. The Station House Officer, Peddapanjani Police Station, PeddapanjaniMandal,Chittoor District. 8. The Tahsildar, PeddapanjaniMandal.Chittoor District. .Respondent/ Respondents Ito 7 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 may be pleased to direct the 1®‘ respondent and their workers cut the 65 Eucalyptus trees situated in Sy No. 55/1, in an extent of Ac. 2.60 cents of Battamdodi Village, Peddapanjani Mandal, Chittoor District disposal of the above writ appeal in the interest of Justice. lA NO: 2 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 stay the operation of the orders dated 11.3.2025 in WP No. 14425/2025 pending disposal of the above writ petition in the interest of Justice. not to pending Counsel for the Appellants: SRI M VENKATA RAMANA REDDY Counsel for the Respondent No.1: Ms. P SARASWATHI Counsel for the Respondents 2 to 7: GP FOR HOME Counsel for the Respondent No.8: GP FOR REVENUE The Court made the following Judgment: 1 APHC010196492025 Bench Sr.No:-1 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 443 of 2025 G. Raja Sekhar and others ...Appellants Vs. M. Nagarani and others ...Respondents ********** Advocate for appellants Advocates for respondents Sri M. Venkata Ramana Reddy Ms. P. Saraswathi, learned Government Pleader for Home, learned Government Pleader for Revenue. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE : 17th April 2025 PC : The present Writ Appeal has been preferred against the judgment and order dated 11.03.2025 passed in W.P.No.14428 of 2024. It appears that the writ petition was allowed and directions were issued 2. without issuing notice to the appellants herein, who were respondent Nos.8 to 14. While the petitioner in the writ petition claims that she is the owner of the land over which the trees stand which are sought to be felled, the appellants before us seriously contest that factual situation and claims that the land over which the trees stand belong to the petitioner having inherited from their ancestors. f 2 Be that as it may, in view of the fact that no notice was issued to the herein/respondent Nos.8 to 14, the matter requires to be remanded 3. appellants to the learned single Judge for consideration afresh. the Writ Appeal setting aside the judgment and hearing of the matter by the learned single We, therefore, allow 4. order impugned and direct re- Judge. W.P.No. 14428 of 2024 before the learned single Judge 24.04.2025. No order as to costs. 5. Registry to post for appropriate orders as per roster on miscellaneous applications, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR OFFICER Pending //TRUE COPY// SEC To, 1 The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2 The Director General of Police, Mangalagiri, Guntur District-5225202. Deputy Inspector General of Police, Rayalaseema Range, 3. The 4. ThrSict'superintendent of Police, Paiamaner Division, Chittoor Chittoor District-517002. 5. The Circle Inspector of Police, Gangavaram Police Station. Gangavaram Mandal, Chittoor District. 6. The Station House Officer, Peddapanjani Police Station, Peddapanjani Mandal, Chittoor District. 7 The Tahsildar, Peddapanjani Mandal, Chittoor District Registrar (Judicial), High Court of Andhra Pradesh at ^"'^Section Officer, Posting Section, High Court of Andhra Pradesh at 8. The 9. The Amaravati lO.The--- Pradesh at Amaravati. rr^Diim 11 One CC to Sri M Venkata Ramana Reddy, Advocate [OPUCJ 12.0ne CC to M/s P.Saraswathi, Advocate [OPUC] 13 Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] Section Officer, Writ (Non-Service) Section, High Court of Andhra 14.TWO 15.TWO CD Copies RAM r HIGH COURT DATED:17/04/2025 5f m>dh^ 2 2 APR 2025 Current SeoMon J|= % & a: JUDGMENT WA.No.443 of 2025 ALLOWING THE WRIT APPEAL WITHOUT COSTS