Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17321 (AP)

MALIKIREDDY THIMMA REDDY v. THE STATE OF AP

WP/11719/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) f THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE •ev. m s m PRESENT /S' ♦ THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11719 OF 2025 Between: 1. Malikireddy Thimma Reddy, S/o. Malkireddy Venkata Reddy, Aged about 52 years,R/o 1/17/1,Papayapali Village, Peddamudium Mandal. YSR Kadapa District. 2. Pothanaboina Sanjeevarayudu, S/o. P.Sanjeevarayudu, Aged about 46 years,R/o 2/29/1, Papayapalle Village, Peddamudium Mandal, YSR Kadapa District. 3. Mangapalle Venkata Ramudu, S/o. Mangapalle Venkataramana, Aged about 76 years, R/o 2/42, Papayapali Village, Peddamudium Mandal, YSR Kadapa District. 4. Talari Venkata Ramudu, S/o. Talari Seetha Ramudu, Aged about 67 years,R/o 1-56, Papayapali Village, Peddamudium Mandal, YSR Kadapa District. 5. Komera Yohanu, S/o. Komera Deva, Aged about 57 years, R/o. 2/63, Papayapali Village, Peddamudium Mandal, YSR Kadapa District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Revenue Department,Secretariat, Velagapudi, Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Revenue Divisional Officer, Jammalamadugu, YSR Kadapa District. 4. TheTahsildar, Peddamudiam Mandal, YSR Kadapa District. 5. New and Renewable Energy Development Corporation of Andhra Pradesh Ltd, Rep. by its Vice Chairman and Managing Director, Near CSR Kalyana Mandapam Road, Tadepalli, Vijayawada. ■ T / 6. SAEL Solar MHP2 Private Limited., Rep. by its Managing Director,Faridkot Road, Guruharsahai, Jalalabad, Firozpur, State of Punjab-152022. ...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 a writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the inaction of the respondents 2 to 4 on the petitioner’s representations dated 15.04.2025 and 16.04.2025 stop the illegal action of the 5th respondent in leveling the grazing lands and damaging the wild life without any right, title or possession in grazing land in Sy.No.224 admeasuring 350 acres of Nagireddipalle, Peddamudiam Mandal, YSR Kadapa District, to the 3rd parties as illegal, irregular, arbitrary and unjust and violative of Articles 14 and 21 of constitution of India and consequently direct the respondents 2 to 4 to stop the work taken up by the 6th respondent in grazing land in Sy.No.224 of Nagireddipall Village of Pedamudiam Mandal, YSR Kadapa District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the to petition, the High Court may be pleased direct the respondents 2 to 4 to stop the work taken up by the 6th respondent in grazing land in Sy.No.224 of Nagireddipall Village of Pedamudiam Mandal, YSR Kadapa District pending disposal of the above writ petition. Counsel for the Petitioners : SRI KODATI RAMYA KRISHNA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following: ORDER r APHC010235092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S:*0 [3329] II- THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11719/2025 Between; Malikireddy Thimma Reddy and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitloner{S): 1.KODATI RAMYA KRISHNA ...RESPONDENT(S) 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: 11719/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “io issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the inaction of the respondent Nos.2 to 4 on the petitioners’ representations dated 15.04.2025 and 16.04.2025 to stop the illegal action of the respondent in leveling the grazing lands and damaging the wild life without any right title or possession in grazing land in Sy.No.224 admeasuring 350 acres of Nagireddipalle, Peddamudiam Mandal, YSR Kadapa District, to the 3''"' parties as illegal, irregular, arbitrary and unjust and violative of Articles 14 and 21 of Constitution of India and conseguently direct the respondent Nos. 2 to 4 to stop the work taken up by the 6^^ respondent in grazing land in Sy.No.224 admeasuring 350 acres of Nagireddipalle, Peddamudiam Mandal, YSR Kadapa District and pass such other order. ” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a th direction to the respondents to stop the work taken up by the 6 respondent in the subject grazing land. 3. Learned Assistant Government Pleader for Revenue furnished the written instructions issued by the 4*^ respondent dated 07.05.2025, wherein it is stated as follows: 7 further submit that though the SAEL has requested for allotment of Ac. 300.00 cents, after survey. Identified an extent of Ac. 223.42 cents for allotment and extent 3 A ofAc.131.10 cents is still remaining vacant. Further there are no peacocks or any wild animals except rabbits. The land is almost barren and some throny bushes here and there. There are no encroachments, temporary structures or permanent structures in the proposed land. And there are no DKT lands in the proposed land. got information about leveling of land, AS we immediately the work has been stopped and no work is going on at the proposed site. And the SAEL Company has been instructed not to enter the proposed land without prior permission of the authorities.” 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions furnished by the learned Assistant Government Pleader for the respondents, it is observed that the official respondents stopped the works taken up by the 6'^ respondent and at present no work is at the subject land and hereafter, no one can be allowed into the subject lands including respondent, in future also, without going on proving his title whatsoever. of the above, the writ petition is disposed of 5. In view directing the respondents to issue or pass appropriate proceedings the communities land. If the respondents intent to to protect interfere with the subject property, they shall follow due process of law. There shall be no order as to costs. r 4 / As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR /l/K //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary. Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, YSR Kadapa District. Divisional Officer, Jammalamadugu, YSR Kadapa 3. The Revenue District. 4. TheTahsildar, Peddamudiam Mandal, YSR Kadapa District. 5 The Vice Chairman and Managing Director, New and Energy Development Corporation of Andhra Pradesh Ltd, NearCSR Kalyana Mandapam Road, Tadepalli, Vijayawada. 6. The Managing Director, SAEL Solar Private LMed Fa^^^^ Road, Guruharsahai, Jalalabad, Firozpur, State of Punjab-152024. 7. OneCCto 8. Two CCs to GP for Revenue, High Court 9. Three C.D. Copies. Sri Kodati Rarnya Krishna, Advocate [OPUC] of Andhra Pradesh. [OUT] / Cnr HIGH COURT DATED:08/05/2025 ORDER 5 15 MAY 2025 P» WP.No.11719of 2025 ^ . Current oeciion * ^i?SPATCV^^ DISPOSING OF THE W.P. WITHOUT COSTS