PULLA VENKATA SUBBAIAH v. The State of Andhra Pradesh
WP/15166/2025 · 2025-06-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21248 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21248 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ APHC010299672025 IN THE HIGH COURT OF ANDHRA PRADESI^ AT AMARAVATI ^ (Special Original Jurisdiction) i > <S' WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE it<>’ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15166 OF 2025 Between:
1. Pulla Venkata Subbaiah, Son of Subramanyam, Aged 35 years, Resident of Perimidi Village, Balayapalli Mandal, Tirupati District. 2. Pulla Mangamma, W/o. Pulla Subramanyam Aged 35 years. Resident of Perimidi Village, Balayapalli Mandal, Tirupati District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary; Revenue Department, Velagapudi, Guntur District. 2. The Collector and District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. 3. The Revenue Divisional Officer, Gudur Revenue Division, Gudur, Tirupati District. 4. The Tahsildar, Balayapalli Mandal, Tirupati District. 5. The Forest Range Officer, Social Forestry Department, Naidupeta, Tirupati District. 6. The Village Revenue Officer, Perimidi Gram Panchayath, Balayapalli 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 may be pleased to issue an appropriate Writ, Order or direction more particularly one
in the nature of WRIT OF MANDAMUS declaring the action of the resp^derits in trying to dispossess the petitioners from their agricultural lancfs in survey No. 249-1A for an extent of Ac.3.50 cents, survey no. 183-A for an extent of Ac. 2.50 cents of 1®' petitioner and survey No.183-B for extent of Ac. 2.00 cents, Survey No. 222-1B an extent of 1.85 cents and survey no. 227-P an extent of Ac. 0.10 cents and 249-1B an extent of Ac. 3.00 cents of Perimidi Village, Balayapalli Mandal, Tirupati District, without issuing any prior notice or without having any right and title over the subject lands without following the due procedure of law, which is highly illegal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents to unblock Revenue records of the lands in survey N0.249-1A for an extent of Ac. 3.50 cents, and survey No. 249-1B for an extent of 3.000 cents, total extent of Ac.6.00 cents of Perimidi Village, Balayapalli Mandal, Tirupati District from Online Web.
lA No: 1 OF 2025 an or 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 interfere with the peaceful possession and enjoyment of agriculture lands which were located in survey No.249-1C for extent of Ac. 2.00 cents, survey No.249-1K for an extent of Ac. 1.00 cents and suivey No. 249-ID for an extent of 3.000 cents, the total extent of Ac.6.00 cents in Perimidi Village, Balayapalli Mandal disposal of the above Writ Petition. an Tirupati District, pending Counsel for the Petitioners: PATHI SIVA PRASAD Counsel for the Respondent Nos.1 to 4 & 6: GP FOR REVENUE Counsel for the Respondent No.5:
GP FOR FOREST The Court made the following order:
K V. APHC010299672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3329] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15166/2025 Between: Pulla Venkata Subbaiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1. PATH I SIVA PRASAD Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following: ...RESPONDENT(S)
r THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15166/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in trying to dispossess/ evict the petitioners from their agricultural lands in Sy.No.249-1A for an extent of Ac.3.50 cents, Sy.No.183-A for an extent of Ac.2.50 cents belonging to petitioner No.1 and Sy.No.183-B for an extent of Ac.2.00 cents; Sy.No.222-1B for an extent of Ac.1.85 cents and Sy.No.227-P for an extent of Ac.0.10 cents and Sy.No.249-1B for an extent of Ac.3.00 cents situated at Perimidi Village, Blayapalli Mandal, Tirupathi district, without following due process of law as illegal, arbitrary. 1. /
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners’ without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioners are in possession of their respective subject properties, the respondents would follow due process of law and requested to pass appropriate orders. 4. 5. When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.^”. Therefore, if the petitioners are in possession of their respective subject properties, the respondents are directed not to interfere with the peaceful possession and enjoyment of their respective subject properties of the petitioners, except by due process of law. 6. 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 closed. I T Sd/- K. TATA RAO DEPUTY REGISTRAR 2004(1) see 769 //TRUE eOPY// SEeTION OFFieER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. 2. The Collector & District Magistrate, Tirupati District, Tirupati, Andhra Pradesh. 3. The Revenue Divisional Officer, Gudur Revenue Division, Gudur, Tirupati District. 4. The Tahsildar, Balayapalli Mandal, Tirupati District. 5. The Forest Range Officer, Social Forestry Department, Naidupeta, Tirupati District. 6.
The Village Revenue Officer, Perimidi Gram Panchayath, Balayapalli Mandal, Tirupati District. 7. One CC to Sri Pathi Siva Prasad, Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Forest, High Court of Andhra Pradesh. [OUT] Two CD Copies. 10. gi
HIGH COURT DATED:25/06/2025
ORDER WP No. 15166 OF 2025 1 n jUL 20?5 ar ml; CO . Current Section . ^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS