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2025 DAILYLAW 20170 (AP)

M V HEMANTHA REDDY v. The State of Andhra Pradesh,

WP/14261/2025 · 2025-06-11

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14261 OF 2025 IL Between; M. V. Hemantha Reddy, S/o. Late Rajagopal Reddy, Aged about 56 years, Occ. Employee, R/o. H.No.2-8, Kotha Palli, Talamudipi Village, Galiveedu Mandal, Annamayya District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati. The District Collector, Annamayya District, Rayachoty. The District Panchayat Officer, Annamayya District, Rayachoty. The Revenue Divisional Officer, Rayachoti Division, Annamayya District. The Tahsildar, Galiveedu Mandal, Annamayya District. The Talamudipi Grama Panchayat, Rep. by its Panchayat Secretary, Talamudipi Village, Galiveedu Mandal, Annamayya District. Sri M. Reddeppa Reddy, S/o. Chinnapa Reddy, Aged about 58 years, R/o. Kotha Palli, Talamudipi Village, Galiveedu Mandal, Annamayya District. 1. 2. 3. 4. 5. 6. 7. ...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 or direction or order more particularly one in the nature of writ of mandamus declaring the action of respondents and his ^bordinates in interfering with my possession and enjoyment over the No. 288 bearing Door No.2-8 in Talamudipi Village, District and issuing the impugned notice vide R.C.NO.RSANMY2024/2261093 and ! \ "- hqu^e Situated in Survey Oalrieedu Mandal, Annamayya ' vlt -5. 19.05.2025, 09.06.2025 demolish the building without following due process of law thereby trying to as illegal, arbitrary, violative of Articles 14, 21 ahd 300-A of the Constitutioh and consequently direct the respondents of India, and without jurisdiction not to interfere with my possession and enjoyment over the house situated in Survey No. 288 bearing Door No.2-8 in Talamudipi Village, Galiveedu Mandal, Annamayya District lA NO: 1 OF 2025 Petition under Section 151 CPC praying stated in the affidavit filed in support of the petitioh, the High Court may be pleased to restrain the respondents from taking any coercive steps including demolition of the petitioner's residential house bearihg Door No.2-8 ih Survey No. 288 of Talamudipi Village, Galiveedu Mandal. Annamayya that in the circumstances District. Annamayya that in the circumstances District. Counsel for the Petitioner; SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent Nos.1,2,4 & 5; GP FOR REVENUE Counsel for the Respondent No.3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT counsel for the Respondent No.6; SRI MATTEGUNTA SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.7;— The Court made the following; ORDER APHC010282442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14261 OF 2025 Between: ...PETITIONER M V Hemantha Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER:- Heard the submissions of learned Counsel for the Petitioner and learned Assistant Government Pleader for Revenue for the Respondents. 2. The instant Writ Petition is filed questioning the notice dated 09.06.2025 issued by the 5*'^ respondent directing the petitioner to appear before him on 17.06.2025 for joint survey that would be conducted by the Revenue Officials, to remove the alleged encroachments in the subject land, classified as "Kalibata”. 3. Learned counsel appearing on behalf of the petitioner would submit that the impugned proceedings dated 19.05.2025 and 09.06.2025 are vague does not contain the extent, length and breadth, in whichthe petitioner alleged to have occupied the land. It is further submitted that pursuant to the impugned notice dated 09.06.2025 the respondents have resorted to remove the structures over the subject land. 4. Learned Assistant Government Pleader for the Revenue would submit that the land occupied by the petitioner is classified as Kalibata'm the records and the villagers have been using it for their ingress and egressto the agricultural fields and the villagers have no other alternative way to reach their agricultural lands, unless the encroachment is removed. revenue 5. Having regard to the submissions made, this Court is deems it fit to dispose of the Writ Petition, directing the respondents to follow due procedure contemplated under law, if the possession of the petitioner over the subject land is unauthorized. Till such time, the respondents are directed not to demolish the structure over the subject land or dispossess the petitioner from the subject land. It is needless to observe that the respondents shall provide opportunity of hearing to the petitioner and follow due process of law. as an 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. 3 7. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. Sd/- M SRINIVAS assistant registrar //TRUE COPY// SECTION OFFICER To, 1, The Principal Secretary, Revenue Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravati. Annamayya District, Rayachoty. District, Rayachoty. Pradesh, 2. The District Collector 3, The District Panchayat Officer, Annamayya Divisional Officer, Rayachoti Division, Annamayya 4. The Revenue District. 5. TheTahsildar Galiveedu Mandal, Annamayya District. Talamudipi Grama Panchayat, Talamudipi 6. The Panchayat Secretary Village, Galiveedu Mandal, Annamayya District. Sashidar Reddy, Advocate [OPUC] 7. One CC to Sri Papudippu 8. One CC to Sri Panchayat[OPUC] 9. Two CCS to GP for Revenue Two CCS to GP for Panchayat Raj Mattegunta Sudhir, SC for ZPP, MPP & Gram High Court of Andhra Pradesh. [OUT] & Rural Development, High Court of 10. Andhra Pradesh. [OUT] 11. Three CD Copies. ssb VKcjvn'OA^ Coof-T HIGH COURT DATED:12/06/2025 ORDER WP.No.14261 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS