Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 17949 (AP)

Gaduputi Sreenivasulu, v. THE STATE OF ANDHRA PRADESH

WP/12544/2025 · 2025-05-06

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H ■ \ 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 VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12544 OF 2025 Between: Gaduputi Sreenivasulu, Aged about 36 years, S/o. Gaduputi Ramaiah R/o. Ramapuram.Bavikadapalli Village, Pullampeta Mandal, Annamayya District, A.P-516107 ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, A.P. Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District. 3. The Revenue Divisional officer, Rajampet revenue Division, Rajampet, Annamayya District. 4. The Tahsildar, Pullampeta Mandal Annamaya District. ...Respondents Petition under Article 226 of the Constitution 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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents authorities in attempting to disposes the petitioner from his land ad-measuring Acres 5.00 cents, in Sy.No. 25/P in Thippayapalli Village, Pullampeta Mandal, Annamaya District without issuance of notice and following the procedure contemplated under the Right to Fair Compensation and Transparency Act, 2013 as being contrary to law, illegal, arbitrary and against Article 300A of the Constitution and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of the above mentioned lands without following due process of law. 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 the peaceful possession and enjoyment of the petitioners* measuring Acres 5.00 cents in Sy.No. 25/P in Thippayapalli Village, Pullampeta Mandal, Cuddapah District( Currently Annamaya District) without following due process of law. Counsel for the Petitioner land ad- : SRI. TIRUMALA VIDYA CHARAN Counsel for the Respondents : GP FOR REVENUE The Court made the following: APHC010247422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12544/2025 Between: Gaduputi Sreenivasulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.TIRUMALAVIDYACHARAN Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 f THE HON’BLE SRI JUSTICE VENKATESWARLU NI MM AG AD DA WRIT PETITION NO: 12544/2025 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 the nature of Writ of Mandamus declaring the action of the respondent authorities in attempting to disposes the petitioner from his land admeasuring Ac.5.00 cents in Sy. No. 25/P in Thippayapalli Village, Pullampeta Mandal, Annamaya District without issuance of notice and following the procedure contemplated under the Right to Fair Compensation and Transparency Act, 2013 as being contrary to law, illegal, arbitrary and against Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner in respect of the above mentioned lands without following due process of law and pass such other order. ” in 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s 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 % the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by LRs. v. M.Varadappa Naidu (Dead) by LRs.''”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, except by following due process of law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. '"2024(88) G.S.T.L. 303 (A.P.) Sd/-NNAGAMMA ASSISTANT REGISTRAR //TRUE COPY// r. SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District 3. The Revenue Divisional officer, Rajampet revenue Division, Rajampet, Annamayya District. 4. The Tahsildar, Pullampeta Mandal Annamaya District.(1 to 4 by RPAD) 5. One CC to SRI. TIRUMALA VIDYA CHARAN Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies KSR (gsg) ^ ■ HIGH COURT DATED:07/05/2025 ORDER ^ 0 9JUL 2025 rrentSec%|io^ ★ 'CO, <9 WP.No.12544 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS