Ryali Satyanarayana, v. The State of Andhra Pradesh,
WP/12814/2025 · 2025-05-08
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17354 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17354 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS^ WRIT PETITION NO: 12814 OF 2025 Between:
1. Ryali Satyanarayana, S/o Satyam, aged 68 years, R/o D.No. 1-119, Main Road, Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedkar Ronaseema District. 2. Devaguptapu Sakthiraju, S/o Pallayya, aged 66 years, R/o D.No. 1-200, lyiain Road, Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedka r Konaseema District. 3. Darnala Suryaprakash, S/o Srinivasarao, aged 34 years, R/o D.No. 2- Vanapalli Village, Kothapeta 142, br.B.R.Ambedkar Konaseema District. Main Road, Mandal,
4. Ryali Veerabadhrarao, S/o Satyam, aged 77 years, R/o D.No. 2-32 Main Road, Vanapalli Village, Kothapeta Kpnaseema District. 5. Nblla Nagendra, S/o Nageswararao, aged 29 years, R/o D.No. 2-160, Main Road, Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedkar Kdnaseema District. Mandal, Dr.B.R.Ambedkar
6. Yeluri Sreenu Dhanaraju, S/o Suryanarayana, aged 36 years, R/o D.No. 2-30, Main Road, Vanapalli Village, Dr.B.R.Ambedkar Konaseema District. Kothapeta Mandal,
7. Nukala Srinivasarao, S/o Brahmayya, aged 54 years, R/o D.No. 1-89, Main Road, Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedkar Konaseema District. 8. Nakkireddy Sattibabu, S/o Lakshmanrao, aged 35 years, R/o D.No. 2- 31, Mam Road, Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedkar Konaseema District. 9. Gangumalla Sattibabu, S/o Satyanarayana, aged 35 1-232, years, R/o D.No. Kothapeta Mandal, Main Road Vanapalli Village Dr.B.R.Ambedkar Konaseema District. 10. Malluri Venkateswararao, S/o Nagaraju, aged 60 D.No. 1-65, Dr.B.R.Ambedkar Konaseema District. years, R/o Main Road, Vanapalli Village, Kothapeta Mandal, ...Petitioner AND
1. The State of Andhra Pradesh; Represented by its Principal Secretary, Revenue Department. Secretariat Buildings, Velagapudi, Thullur mandal, Guntur District
2. The District Collector, Dr.B.R.Ambedkar Konaseeme Amalapuram. 3. The Revenue Divisional Officer, Kothapeta Revenue Division, Kothapeta, Dr.B.R.Ambedkar Konaseema District. 4. The Tahsildar, Kothapeta Mandal, Kothapeta, Dr.B.R.Ambedkar Konaseeme District
5. The Vanapalli Gram Panchayat., Rep. by its Secretary, Vanapalli Village, Kothapeta Mandal, Dr.B.R. Ambedkar Konaseeme District. 6. The Pallalamma Ammavari Temple, Rep by its Executive Officer, Vanapalli Village, Kothapeta Mandal, Dr BR Ambedkar Konaseema District.
District, ...RESPONDENTS of India is filed praying that In the circumstances stated In the affidavit filed therewith, the High Court may be pleased to Issue a Writ or order more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in interfering with the peaceful Petition under Article 226 of the Constitution possession and enjoyment of the
petitioner's hous6S snd trying to dispossess the 1®* petitioner from house petitioner from house no. 1-200, the 3'"^ petitioner from no. 1-119, the 2 nd house no. 2-142. the 4'^ petitioner from house no. 2-32. the 5*^ petitioner th 2-160, the 6 petitioner from house no. 2-30, the petitioher from house no. 1-89, the 8^^ petitioner from house no. 2-31, the from ']p use no 9th petitioner from house no. 1-232 the 10 petitioner from house no. 1-65 of Vanapalli Village. Kothapeta Mandal. Dr. BR Ambedkar Konaseema District without issuing any notice or without conducting any inquiry survey as illegal, arbitrary, unconstitutional and against the principles of naturaf justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of house of 1 petitioner baring door no. 1-119, the house of petitioner baring door no. 1-200, the house of 3'^^ petitioner baring door no. 2-142, the house of 4*^ petitioner baring door no. 2-32, the house of 5*^ p . 2-160, the house of 6“^ petitioner baring door no. 2-30, the house of 7“^ petitioner baring door no. 1-89, the house of 8*^ petitioner baring door 2-31, thb house of petitioner baring door no. 1-232, the house of 10th petitioner baring house no.
1-65 of Vanapalli Village, Kothapeta Mandal, Dr.B.R.Ambedkar Konaseema District in any manner by making it clear that the respondents shall not interfere with peaceful possession and enjoyment of the petitioners houses without following due process of law or St petitioner bdriny door no no;
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 High Court may be pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the house of 1 baring door no. 1-119, the house of 2'^'^ petitioner baring door no. 1 -200,' the houae of 3^'^ petitioner baring door no. 2-142, the house of 4^^ thb St petitioner petitioner baring door no. 2-32, the house of 5*'" petitioner baring door 2-160, the house of 6**^ petitioner baring door no. 2-30, the house of 7**^ paring door no. no. 1- 89, the house of 8*^ petitioner baring door petitioner no. / 2-31, the house of 9‘^ petitioner baring door no. 1-232, the house of 10*" petitioner baring house no. 1-65 of Vanapalli Village, Kothapeta Mandal; Dr.B.R.Ambedkar Konaseema District Counsel for the PetItlonerasrSRI. PONNADA SREE WAS Counsel for the Respondents: GP FOR REVENUE Sri Y.Koteswara Rao, Standing Counsel Sri K.Koteswara Rao, Standing Counsel The Court made the following:
1 APHC010235122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12814 OF 2025 Between:
1. RYALI SATYANARAYANA,, S/0 SATYAM, AGED 68 YEARS, R/O D.NO. 1-119, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B.R.AMBEDK.AR KONASEEMA DISTRICT. 2. DEVAGUPTAPU SAKTHIRAJU,, S/0 PALLAYYA, AGED 66 YEARS, R/O D.NO. 1-200, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 3. DARNALA SURYAPRAKASH,, S/0 SRINIVASARAO, AGED 34 YEARS, R/O D.NO. 2-142, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B.R.AMBEDKAR KONASEEMA District. 4.
RYALI VEERABADHRARAO,, S/0 SATYAM, AGED 77 YEARS, R/O D.NO. 2-32, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. NALLA NAGENDRA,, S/0 NAGESWARARAO, AGED 29 YEARS, R/O D.NO. 2-160, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 6. YELURI SREENU DHANARAJU,, S/O SURYANARAYANA, AGED 36 VANAPALLI VILLAGE, DR.B.R.AMBEDKAR KONASEEMA YEARS, R/O D.NO. 2-30, MAIN ROAD KOTHAPETA MANDAL, DISTRICT. 7. NUKALA SRINIVASARAO, S/O BRAHMAYYA, AGED 54 YEARS, R/O D.NO. 1-89, MAIN ROAD, VANAPALLI VILLAGE, KOTHAPETA
2 MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 8. NAKKIREDDY SATTIBABU YEARS KOTHAPETA MANDAL, DISTRICT. S/0 LAKSHMANRAO, AGED 35 R/0 D.NO. 2-31, MAIN ROAD, VANAPALLI VILLAGE, DR.B.R.AMBEDKAR KONASEEMA
9. GANGUMALLA SATTIBABU YEARS, R/0 D.NO. 1-232, MAIN ROAD, KOTHAPETA MANDAL, DISTRICT. S/0 SATYANARAYANA, AGED 35 VANAPALLI VILLAGE, DR.B.R.AMBEDKAR KONASEEMA 10.MALLURI VENKATESWARARAO,, S/0 NAGARAJU, AGED 60 YEARS, R/0 D.NO. 1-65, MAIN ROAD KOTHAPETA MANDAL DISTRICT. VANAPALLI VILLAGE, DR.B.R.AMBEDKAR KONASEEMA ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED PRINCIPAL BY ITS DEPARTMENT, VELAGAPUDI, THULLUR MANDAL SECRETARY, SECRETARIAT BUILDINGS, GUNTUR DISTRICT REVENUE 2.THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR DISTRICT, AMALAPURAM. 3.THE REVENUE DIVISIONAL OFFICER DIVISION, DISTRICT. KONASEEME KOTHAPETA REVENUE DR.B.R.AMBEDKAR KONASEEMA KOTHAPETA,
4. THE TAHSILDAR, KOTHAPETA MANDAL, DR.B.R.AMBEDKAR KONASEEME DISTRICT KOTHAPETA, 5.THE VANAPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY VANAPALLI VILLAGE, KOTHAPETA MANDAL, DR.B R AMBEDKAR KONASEEME DISTRICT. 6.THE PALLALAMMA AMMAVARI TEMPLE OFFICER, VANAPALLI VILLAGE, ‘ AMBEDKAR KONASEEMA DISTRICT. REP BY ITS EXECUTIVE KOTHAPETA MANDAL, DR BR ...RESPONDENT(S):
3 Counsel for the Petitioner(S):
1. PONNADA SREE VYAS Counsel for the Respondent(S):
1.(^P FOR REVENUE i The Court made the following ORAL ORDER: Heard Sri Ponnada Sree Vyas, Ld. Counsel for the Writ Petitioners, Sri T. Sahjeeva Rao, Ld. Asst. Government Pleader for Revenue and Sri K. Koteswara Rao, Ld. Counsel appearing on behalf of the Respondent No.6. Ld. Counsel for the Writ Petitioners has drawn the attention of this Court to the contents of the Affidavit filed in support of the Writ Petition. He has also taken this Court through the Ex.P5 which are the Photographs that would indicate that the Wnt Petitioners have built pucca houses. 2. 3.
Sri K. Koteswara Rao, Ld. Counsel appearing on behalf of the Respondent No.6 has placed on record the Order passed by the learned Single bench dated 25.04.2025 in W.P.No.10686 of 2025 relating to the same Survey number, wherein, the Ld. Single Judge of this Court was pleased to dispose of this Writ Petition with a direction to the Official Respondentsto i follow the due process of law, if any coercive action is sought to be taken
"Against the Writ Petitioner. \ This Court has perused the said Order. Copy of this Order has also been supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 4. Ld. Standing Counsel appearing for the Respondent No.6 has made a submission, which is also extracted in Para No.5 and 6 of the Order dated 25.04.2025. The said Paragraph Nos. 5 and 6 are usefully extracted hereunder;
5. "5. The learned Standing Counsel appearing for the 4^'’ respondent-temple submits that the subject land
4 does not belong to the petitioner, and it is temple property. He further states that the petitioner was never orally
directed to vacate the subject premises alleged. The Endowment authorities have initiated action for removal of encroachments over the temple land, but not in the case of the petitioner. The learned counsel, however, submits that if any action is proposed against the petitioner, the same will be in accordance with law. as
6. In view of the foregoing, the Writ Petition is
disposed of directing the respondents to follow due process of law if they intend to evict the petitioner from the subject land. There shall be no order as to costs. ” Having considered the facts of this case and the Order passed in W.P.No.10686 of 2025, this Court is of the considered view that a similar
Order will serve the ends of justice in the present
6. case.
7. Accordingly, this Writ Petition stands allowed of in terms of the above extract, which is the operative portion of the final
order dated 25.04.2025 in W.P.No. 10686 of 2025. No order as to costs.
8. Interlocutory Applications, if any, stand closed in terms of this
order.
Sd/- A VIJAVA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER / To
1. One CC to SRI PONNADA SREE VYAS Advocate [OPUC]
2. One CC to Sri Y.Koteswara Rao, Standing Counsel [OPUC]
3. One CC to Sri K.Koteswara Rao, Standing Counsel [OPUC]
4. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]
5. Three CD Copies KSR (gsg) r\or\
high court DATED:09/05/2025
ORDER WP.No.12814of2025 I 2? SEP 2025 gi ^ . Current lection . f ALLOWING THE WRIT PETITION WITHOUT COSTS