Sri Janmasthala Kshetra Seva Samithi, v. T. Kannaiah,
WA/599/2025 · 2025-05-08
Dhiraj Singh Thakur, Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18245 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18245 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE . - PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATt WRIT APPEAL NO: 599 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the Order dated 01.05.2025 in W.P. No. 10336 of 2025 on the file of the High Court. . Between: Sri Janmasthala Kshetra Seva Samithi, Having its registered office at 5-20/2 Rekalachenu Village, Anuppalli Panchayat, Bopparajupalli Post, Ramachandrapuram Mandal, Tirupatl District, Andhra Pradesh - 517102, Rep. by its President, Mr. Koralgunta Gu.runadh Reddy ...APPELLANT/LEAVE PETITIONER-^ AND
1. T. Kannaiah, S/o. T. Venkata Reddy, aged 33 years, R/o. D.No. 5-28, Rekalachenu Village, Bopparajupalli Post, Ramachandrapuram Mandal, Tirupati District - 517102. 2. B. Lokanadha Reddy, S/o. Late B. Adinarayana Reddy, Aged 29 years R/o. D.No. 5-17, Rekalachenu Village, Bopparaju Post, Ramachandrapuram Mandal, Tirupathi District - 517102. 3. B. Vasu Reddy, S/o. Subramanyam Reddy, Aged 27 years, R/o. D.No. 5-17, Rekalachenu Village, Bopparajupalli Post, Ramachandrapuram Mandal, Tirupathi District 0-517102. 4. B. Ashok Reddy, S/o. B. Ramakrishna Reddy, Aged 40 years. R/o. D.No. 5-9, Rekalachenu Village, Bopparajupalli post, Ramachandrapuram Mandal, Tirupathi District - 517102. 5. State of Andhra Pradesh, Rep. by Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 6. State of Andhra Pradesh, Rep. by Principal Secretary to Government, Forest Department, Secretariat, Velagapudi, Amaravati, Guntur District. 7. District Forest Officer, Tirupati, Tirupati District. 8. District Collector, Tirupati at Tirupati. 9. Revenue Divisional Officer, Tirupati, Tirupati District. lO.Tahsildar, Ramachandrapuram Mandal, Tirupati District. ...RESPONDENTS No.5 to 10/WRIT RESPONDENTS No.1 to 6 lA NO: 3 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 suspend the operation and effect of the Order dated 01.05.2025 in W.P. No. 10336 of 2025 passed by the Ld. Single Judge.
Counsel for the Appellant: SRI DODDALA PRUDHVI TEJA — Counsel for the Respondent Nos.1 to 4 : SRI AMBATI SRINIVAS" Counsel for the Respondent Nos.5, 8 to 10 : GP FOR REVENUE Counsel for the Respondent Nos.6 & 7 : GP FOR FOREST The Court made the following: JUDGMENT
'll Bench Sr.No:-35 [3483] APHC010253242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 599 of 2025 ...Appellant Sri Janamsthala Kshetra Seva Smith! Vs. ...Respondents T. Kannaiah and others ********** Mr. Doddala Prudhvi Teja Advocate for Appellant Advocate for Respondents Mr. Ambati Srinivas
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 9th May 2025 PC : The present Writ Appeal, under Clause 15 of the Letters Patent, has been preferred against the order, dated 01.05.2025, in W.P.No.10336 of 2025 passed by the learned single Judge.
2.
Learned counsel for the appellant states that the directions issued by the learned single Judge ordering the official respondents to clear the encroachments within the time specified by taking police aid was an ex-parte
order passed in writ proceedings in which the appellant was never incorporated as a party respondent. It is stated that the allegation made in the petition that the appellant had encroached upon Government land was without any basis.
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3. It is stated that on the piece of land which is stated to be the land in regard to which the appellant has made a reference there is a temple complex constructed, which is being managed by the appellant herein. It is stated that directions issued by the learned single Judge are unsustainable it clearly violates the principles of natural justice. as
4. We have heard learned counsel for the parties. We feel that the appellant is required to be heard by the official respondents before any action is taken in regard to the premises in question.
5. Be that as it may, the judgment and order impugned is modified to the extent that while considering the issue as to whether there is any encroachment, and if yes, before the same was to be removed, the appellant and others affected be granted an opportunity of being heard in accordance with law.
6. This Writ Appeal is, accordingly, disposed of and the judgment and order impugned shall stand modified accordingly. No costs.
7. Consequently, connected miscellaneous applications, if any, shall stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SE(^Ci^koFFICER To, to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. -- Secretary to Government, Forest Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.”^
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3. The District Forest Officer, Tirupati, Tirupati District.
4. The District Collector, Tirupati at Tirupati.
5. The Revenue Divisional Officer, Tirupati, Tirupati District.
6. The Tahsildar, Ramachandrapuram Mandal, Tirupati District.
7. One CC to Sri Doddala Prudhvi Teja, Advocate [OPUC]
8. One CC to Sri Ambati Srinivas, Advocate [OPUC]
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. (OUT) 10.Two CCs to GP for Forest, High Court of Andhra Pradesh. (OUT) 11 .Three C.D. Copies. Cnr .•» . '-i i - -
HIGH COURT DATED:09/05/2025
JUDGMENT WA.No.599 of 2025 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS