Nagireedy Brahmananda Reddy, v. The State of Andhra Pradesh,
WP/12054/2025 · 2025-05-06
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17586 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17586 (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) WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12054 OF 2025 Between:
1. Nagireedy Brahmananda Reddy, S/o. Govinda Reddy, Aged about years, R/o. D.No. 2-44-8, Bhaskar Nagar Behind United Bank, 50 Building H.No. 23, Kakinada, East Godavari District. 2. Koyya Gayatri, W/o Nagireedy Brahmananda Reddy, Aged about 44 years, R/o. D.No. 2-44-8, Bhaskar Nagar Behind United Bank, 50 Building H.No. 23, Kakinada, East Godavari District. 3. VutaEdukondalu, S/o Bapanna Dora, Aged about 48 years, R/o D.No. 13-2-63/1, Pallapu Street, Gollaprolu Mandal, Gollaprolu East Godavari District
4. VutaSuryakantham, W/o Bapanna Dora, Aged about 74 years, R/o D.No.7-99, Pallapu Street, Gollaprolu Mandal, Gollaprolu, East Godavari District. 5. Vuta Venkata Sathya Narayana, Bapanna Dora, Aged about 54years, R/o D.No.7-99, Pallapu Street, Gollaprolu Mandal, Gollaprolu, East Godavari District. 6. Basa Kanaka Varalakshmi, W/o Veeraju, Aged about 37 years, R/o.D.No. 68/C, Railway Colony, Ward No.11, Tuni, East Godavari District. \
7. Gopaladas Raja Mohan , S/o Gopaldas, Aged about 43 years, R/o D.No. 15-192, Railway Station Street, Near Markandeya Temple, Gollaprolu Mandal, Gollaprolu, East Godavari District
8. Yalla Sathya,@ Sathya Ganga, W/o Ganga Subramanayam Aged about 28 years, R/o D.No. 5-213, Vaddivari Center, Gollaprolu Mandal, ‘.Gollaprolu, East Godavari District. 9. Posina Uday Kumar, S/o Late Gangadhara Rao, Aged about 28 years, R/o. D.No. 5-248, Kothhapeta, Gollaprolu Mandal, Gollaprolu, East Godavari District
10. ChikkimPaprathnam, W/o Jaggaraju Aged about 57 years, R/o D.No. 1-196, Peddavedhi,Kandrakota, Peddapuram, East Godavari District
11. RamiseetyActhyutamba, C/o Ramiseet Gowtham Kumar, Aged about 30 years, R/o D.No. 3-19A, Thota Bazar, Karempudi Village and Mandal, Guntur District. Pamu Umamaheswri, W/o Saikanth Aged about 33 years, R/o D.No.3-91, Nagaram, Gollaprolu Mandal, Gollaprolu, East Godavari District. 12. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by Principal Secretary, Electricity Department, Secretariat, Velagapudi, Amaravathi. 2. The APTRANSCO, Rep. by its Managing Director, Vijayawada, Krishna District. 3. The Superintendent Rajamahendravaram. Engineer, Projects, APTRANSCO,
APTRANSCO,
4. The Executive Engineer, Constructions, Rajamahendravaram. SS, APTRANSCO
5. The Deputy Executive Engineer Rajamahendravaram. SS, APTRANSCO,
6. The Assistant Executive Engineer, Rajamahendravaram. 7. The District Collector, Kakinada District, Kakinada. 8. The Revenue Divisional Officer, Kakinada Revenue Division, Kakinada. 9. The Tahsildar, Gollaprolu Mandal, Kakinada 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in trying to dispossess the Petitioners for the purpose of laying high-tension electricity lines and towers in the agricultural lands belonging to the petitioners Viz land admeasuring Ac.2.4100 cents situated in Sy. Nos.571- 1, 571-1 A and 572-2 of the Petitioner No. 1, land admeasuring Ac 2.0690 cents, situated in Sy. Nos. 572-1,Petitioner No. 2, land admeasuring Ac 0.5220 Cents, situated in Sy.No 7, Petitioner No. 3, land admeasuring Ac 0.5360,0.9330 cents, situated in Sy. Nos. 8-1,6-1,and 7, Petitioner No. 4, land admeasuring Ac 0.5100cents, situated in Sy. Nos.7, Petitioner No. 5, land admeasuring Ac 1.9510cents, situated in Sy. Nos. 15-3, Petitioner No. 6, land admeasuring Ac 5.7420cents, situated in Sy. Nos.5 and 6-1, Petitioner No. 7, land admeasuring Ac 0.3230 and 0.0720cents, situated in Sy. Nos. 2-1B,2-1B and 8-1B, Petitioner No. 8, land admeasuring Ac 0.905 and 1.52 cents, situated in Sy. Nos. 97, 98-1 and 107, Petitioner No. 9, land admeasuring Ac 1.9840 cents, situated in Sy. Nos. 98-2A, Petitioner
No. 10, land admeasuring Ac 1.5270, 7.7500 and 1.1600, cents, situated in Sy. Nos. 171-1, 168-2,168-3,168-4 and 168-5, Petitioner No. 11, land admeasuring Ac 0.9830 and 0.4070 cents, situated in Sy. Nos.
57-1/6A, and 58-2 Petitioner No. 12 situated at Tatiparthi Village, Gollaprolu Mandal, Kakinada District, without initiating any land acquisition proceedings or without following the due process of Law, without issuing any notice and without conducting any enquiry, as illegal, arbitrary, violation of Principles of Natural Justice, violation of Articles 14, 21 and 300A of the Constitution of India violation of Electricity act 2003 and Electricity Rules and consequently direct the Respondents not to interfere into the peaceful possession of the Petitioners in their respective lands by way of laying high-tension electricity lines and erecting towers in the subject lands of the Petitioners. 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 to direct the Respondents not to interfere into the respective agricultural lands of the Petitioners Viz., land admeasuring Ac.2.4100 cents situated in Sy. Nos.571-1, 571-1 A& 572-2 of the Petitioner No. 1, land admeasuring Ac 2.0690 cents, situated in Sy. Nos. 572- 1,Petitioner No. 2, land admeasuring Ac 0.5220 Cents, situated in Sy.No 7, Petitioner No. 3, land admeasuring Ac 0.5360,0.9330 cents, situated in Sy. Nos. 8-1,6-1 ,& 7, Petitioner No. 4, land admeasuring Ac 0.5100cents situated in Sy. Nos.7, Petitioner No. 5, land admeasuring Ac 1.9510cents, situated in Sy. Nos. 15-3, Petitioner No. 6 , land admeasuring Ac 5.7420cents, situated in Sy. NOS.5& 6-1 0.0720cents, situated in Sy. Nos. 2-1B,2-1B & 8-1B, Petitioner No. 8, land admeasuring Ac 0.905 & 1.52 cents, situated in Sy. Nos. 97, 98-1 & 107, Petitioner No. 9, land admeasuring Ac 1.9840 cents, situated in Sy. Nos. 98- 2A, Petitioner No, 10, land admeasuring Ac 1.5270,7.7500 & 1.1600, Petitioner No. 7, land admeasuring Ac 0.3230 &
^4. cents, situated in Sy. Nos. 171-1, 168-2.168-3,168-4 & 168-5, Petitioner No. 11, land admeasuring Ac 0.9830 &0.4070 cents, situated in Sy. Nos.
57-1/6A, & 58-2 Petitioner No. 12, situated at Tatiparthi Village, Gollaprolu Mandal, Kakinada District by way of erecting high-tension lines and towers. Counsel for the Petitioners: SRI P S P SURESH KUMAR Counsel for the Respondent Nos.1 to 6: SRI V.V.SATISH, SC FOR APTRANSCO Counsel for the Respondent Nos.7 to 9: AGP FOR REVENUE The Court made the following:
APHC010239862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12054/2025 Between: Nagireedy Brahmananda Reddy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.PSPSURESH KUMAR Counsel for the Respondent(S);
1.GP FOR ENERGY 2.GP FOR REVENUE I The Court made the following ORDER: Heard Sri P S P Suresh Kumar, learned counsel for the petitioner, Sri V.V.Satish, learned standing counsel for respondents 2 to 6 and learned Assistant Government Pleader for Revenue for respondents 7 to 9. The grievance of the petitioners is that the respondents 4 and 5 are trying to dispossess the petitioners for the purpose of erecting high-tension electricity transplantation lines in the agricultural lands of the petitioners without initiating any proceedings. The lands of the petitioners have mentioned in the tabular form in the writ affidavit. 2. 2
3.
Learned counsel for the petitioners submits that the petitioners are the absolute owners of their respective lands. On 03.04.2025, respondents 4 and 5, along with their staff, visited the petitioners' lands and directed them vacate the premises to enable the erection of high-tension (HT) electricity, lines. Learned counsel further submits that procedure was followed.
4. Learned standing counsel submits that, in fact, the procedures under the Telegraph Act, 1885 and the Electricity Act, 2003 have been duly adhered to. Learned counsel further submits that the District Collector will determine the compensation, and the respondents will follow due procedure.
5. Given the facts and circumstances of the case and considering the submission of learned standing counsel, without going into merits of the matter, the writ petition is disposed of at the admission stage directing respondents to follow due process regarding erection of high tension lines a-vis the lands of the petitioners. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR to 1 no notice was issued ar^d no the vis- //TRUE COPY// 1^ Se SECTION OFFICER To.
1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi. Electricity
2. The Managing Director, APTRANSCO, Vijayawada, Krishna District.
3. The Superintendent Rajamahendravaram. Engineer Projects, APTRANSCO,
4. The Executive Engineer, Constructions, APTRANSCO, Rajamahendravaram.
5. The Deputy Executive Rajamahendravaram. Engineer, SS, APTRANSCO,
6. The Assistant Rajamahendravaram.
7. The District Collector, Kakinada District, Kakinada. Executive Engineer, SS, APTRANSCO
*^1.
8. The Revenue Divisional Officer, Kakinada Revenue Division, Kakinada.
9. The Tahsildar, Gollaprolu Mandal, Kakinada District.
One CC to SRI. PSP SURESH KUMAR, Advocate [OPUC] One CC to SRI V.V.SATISH, STANDING COUNSEL FOR APTRANSCO [OPUC] Two CCs to GP FOR ENERGY, High Court Of Andhra Pradesh.
10.
11.
12. [OUT]
13. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
14. Three CD Copies sree
HIGH COURT DATED:07/05/2025
ORDER WP.No.12054of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS