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2025 DAILYLAW 18449 (AP)

Mudlapudi Reddy Lavanya, v. State of Andhra Pradesh,

WP/12714/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY i TWO THOUSAND AND TWENTY FIVE | V V PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NlMMAGADDA WRIT PETITION NO: 12714 OF 207*^ Between: 1. Mudlapudi Reddy Lavanya, W/o. Yugendar Reddy, Aged about 31 years, Occ Housewife, R/o.l-32/B, Chintapenda Village Penumuru Mandal Chittoor District. 2. P. Nadamuni, S/o. Venkatamuni, Aged about 63 Tirupati Town, Near old RTC Office, Nalanda Nagar, Tirupati Rural Mandal, Chittoor District. 3. M. Usha Rani, W/o. Anjaneyulu, Aged about 60 Giripuram Reservoir Road, Tirupati Town Chittoor District East Palli, years, R/o. 10-2-/10, years, R/o. 4-5-1127, Tirupati Urban Mandal, ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupati District, At Tirupati. 3. The District Panchayat Officer, Tirupati District, at Tirupati. to wm 0 4. The Tahsildar, Tirupati Rural Mandal, Tirupati District. 5. Chiguruwada Gram Panchayat, Rep. by its Executive Officer-Cum- Panchayat Secretary, Chiguruwada Village Tirupati Rural Mandal, Tirupati 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 4 and 5 in insisting us to vacate from our house site properties of 1st petitioner (plot No.77), 2nd petitioner (plot No.76) and 3rd petitioner (plot No.64) in common Survey Nos. 307/1 A, 307/IB, 307/2 and 307/5, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupati Rural Mandal, Tirupati District, irregular, irrational, without any authority of law and offends Articles 14 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with our peaceful possession and enjoyment over our said house site plots properties. may as illegal. 21 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 in any manner with our possession over the our house site properties of 1st petitioner (plot No.77), 2nd petitioner (plot No.76) and 3rd petitioner (plot No.64) in common Survey Nos. 307/1 A, 307/IB, 307/2 and 307/5, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupati Rural Mandal, Tirupati District, pending disposal of the main Writ Petition. A Counsel for the Petitioners: SRI. PATHURI SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: > APHC010255282025 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: 12714/2025 Between: Mudlapudi Reddy Lavanya, and Others ...PETITIONER{S) AND State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.PATHURI SRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.N0.12714 0F 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIVIMAGADDA % ' WRIT PETITION NO: 12714/2025 O RD E R: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 4 and 5 in insisting us to vacate from our house site properties of petitioner (plot No.77), 2"'^ petitioner (plot No.76) and petitioner (plot No.64) in common Survey Nos. 307/1A, 307/IB, 307/2 and 307/5, situated in Chiguruwada Southern Kandrika, Chiguruwada Village, Tirupatl Rural Mandal, Tirupati District, as illegal, irregular, irrational, without any authority of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with our peacefui possession and enjoyment over our said house site plots properties and pass such... ” 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 3. merits of the case, requested this Court to issue a direction to the respondents not to dispossess/evict the petitioner from his respective property without 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. w 3 A/V, W.P.N0.12714 0F2025 . Therefore, if the by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 1 » 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 6. admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ' 2004(1) see 769 SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE eOPY// SEe N OFFieER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupati District, At Tirupati. 3. The District Panchayat Officer, Tirupati District, at Tirupati. 4. The Tahsildar, Tirupati Rural Mandal, Tirupati District. 5. The Executive Officer-Cum- Panchayat Secretary, Chiguruwada Gram Panchayat, Chiguruwada Village Tirupati Rural Mandal, Tirupati District. 6. One CC to Sri. Pathuri Srinivas Advocate [OPUC] 7. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies vna f HIGH COURT DATED;08/05/2025 ORDER WP.No.12714of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS