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2025 DAILYLAW 18331 (AP)

Modugupalem Saritha, v. The State of Andhra Pradesh,

WP/12667/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

0 ’ ’ [3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAdP^O/,^ (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12667 OF 2025 Between: Modugupalem Saritha, W/o M.Himachal Reddy, Resident of Kotta Nennuru Village, Ramachandrapuram Mandal, Tirapathi District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi Village, Amaravathi. 2. The District Collector, Tirupathi District, Tirupathi 3. The Revenue Divisional Officer, Tirupathi District, Tirupathi. 4. The Tahsildhar, Ramachandrapuram Mandal, Tirupathi District. 5. The Village Revenue Officer, Nennuru Village, Tirupathi 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 more particularly in the form of Writ of Mandamus declaring the action of the respondents in trying to dispossess us from the lands under our possession upto an extent of extent of Ac.2.02 cents in Sy.No. 55/11 of Nennufu village, Ramachandrapuram Mandal, Tirupathi District (previously Chittoor District), without initiating resumption proceedings is as per se illegal, arbitrary, against the principles of natural justice, without power of authority and opposed to the Articles 19, 21 and 300A of the Constitution of India and to consequentially direct the respondents to follow due process of law. any 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 of the petitioner in her lands upto an extent of extent of Ac.2.02 cents in Sy.No. 55/11 of Nennuru village, Ramachandrapuram Mandal, Tirupathi District (previously Chittoor District). Counsel for the Petitioner: M/S. VMR LEGAL Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010253852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juriediction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12667/2025 Between; ...PETITIONER Modugupalem Saritha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VMR LEGAL Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ■% 2 W N'^J W.P.N0.12667 OF2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12667/2025 ORDER; The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a writ more particularly in the form of Writ of Mandamus declaring the action of the respondents in trying to dispossess us from the lands under our possession upto an extent of extent of Ac.2.02 cents in Sy.No. 55/11 of Nennuru village, Ramachandrapuram Mandal, Tirupathi District (previously Chittoor District), without initiating any resumption proceedings is as per se illegal, arbitrary, against the principles of natural justice, without power of authority and opposed to the Articles 19, 21 and 300-A of the Constitution of India and to consequentially direct the respondents to follow due process of law and to pass...”(in verbatim) Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. 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 dispossess/evict the petitioner from her respective property without 3. following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner 4. is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) 5. 3 \ A/i^: W.P. NO. 12667 OF 2025 . Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to evict/dispossess the petitioner from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 1 » 6. closed. ^2004 (1)SCC 769 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR Mr-- SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Amaravathi.[By Special Messenger] 2. The District Collector, Tirupathi District, Tirupathi 3. The Revenue Divisional Officer, Tirupathi District, Tirupathi. 4. The Tahsildhar, Ramachandrapuram Mandal, Tirupathi District. 5. The Village Revenue Officer, Nennuru Village, Tirupathi District [2 to 5 by RPAD] 6. One CC to SRI. VMR LEGAL Advocate [OPUC] 7. Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh [OUT] 8. Three CD Copies ✓ HIGH COURT DATED :08/05/2025 ORDER WP.No.12667 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS