Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17411 (AP)

RAMINENI MALLIKARJUNA RAO v. THE STATE OF ANDHRA PRADESH

WP/12495/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

k . IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12495 OF 2025 Between: Ramineni Mallikarjuna Rao, S/o, Kotaiah Aged 55 Years, Occ Farmer R/o. Mallavalli Village. Bapulapadu Mandal, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat. Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The Joint Collector, Krishna District at Machilipatnam. 4. The Revenue Divisional Officer, Gudivada Revenue Division Krishna District. 5. The Tahsildar, Bapulapadu Mandal, Krishna District. 6. The Additional Revenue Inspector, Bapulapadu District. to Gudivada, Mandal, Krishna ...Respondents vl' % Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Qpurt may be pleased to issue a writ, order or direction more particularly ohe,in thfe nature of WRIT OF MANDAMUS action of respondents particularly respondents in insisting the petitioners to vacate from their agricultural landed properties in total admeasuring Ac. 10.00 Cents, covered by Sy.No.11 of Mallavalli Village of Bapulapadu Mandal in Krishna District, without issuing any notice and without following any known procedure established by law as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment over his said land. 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 respondents not to interfere with peaceful possession and enjoyment over his agricultural landed properties admeasuring Ac. 10.00 Cents, covered by Sy.No.11 of Mallavalli Village of Bapulapadu Mandal in Krishna District nor insist him to vacate therefrom, pending disposal of the main Writ Petition. petitioners’ Counsel for the Petitioner: M/S PASALAPUDI SATYA HARITHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: S.V ' APHCOI 0237162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12495/2025 Between: Ramineni Mallikarjuna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.PASALAPUDI SATYA HARITHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: f 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12495/2025 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 action of respondents particularly respondents in insisting the petitioner to vacate from their agricultural landed properties in total admeasuring Ac.10.00 Cents covered by Sy.No.11 of Mailava Hi Village of Bapulapadu Mandal in Krishna District, without issuing any notice and without following any known procedure established by law as Illegal, Irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner’s peaceful possession and enjoyment over his said land and pass such other order. ” 2. During hearing, learned counsel for the petitioner, without f c 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 for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for I 3 \ th© rGspondents, it is obsGrvGd that whGn th© p©tition©r is in s©ttl©d possGssion and ©njoym©nt of th© subj©ct prop©rty, th©y cannot b© disposs©ss©d, without following du© proc©ss of law in vi©w of th© law d©clar©d by th© Ap©x Court in ‘Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs:’’. Th©r©for©, if th© p©tition©r is in possGssion of th© subj©ct prop©rty, th© r©spond©nts ar© dir©ct©d not to int©rf©r© with th© p©tition©r’s p©ac©ful poss©ssion and ©njoym©nt of th© subj©ct prop©rty, ©xc©pt by following du© proc©ss of law. 5. With th© abov© dir©ction, th© writ p©tition is dispos©d of. Th©r© shall b© no ord©r as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. T 2004 (1)SCC 769 Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, / 1. The Principal Secretary to Govt., State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Krishna District at Machilipatnam. 3. The Joint Collector, Krishna District at Machilipatnam. 4. The Revenue Divisional Officer, Gudivada Revenue Division, Gudivada, Krishna District. 5. The Tahsildar, Bapulapadu Mandal, Krishna District. 6. The Additional Revenue Inspector, Bapulapadu Mandal, Krishna District. 7. One CC to M/S. PASALAPUDI SATYA HARITHA, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies Sree(gsg) f % HIGH COURT DATED;08/05/2025 ORDER WP.No. 12495 of 2025 stanqtt:? 0 7 JUL 2025 %2> Co DISPOSING OF THE W.P. WITHOUT COSTS