Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 22199 (AP)

MUNAGALA MADHU NAIDU v. The State of Andhra Pradesh

WP/15785/2025 · 2025-07-01

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1* a APHC010313042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)^- il ■Hi WEDNESDAY,THE SECOND DAY OF JULYv- TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15785 OF 2025 u-- Between: 1. Munagala Madhu Naidu, S/o Late Gopala Naidu, Aged 63 years Occ. Cultivation, R/o Anjuru Village Post, K.V.B. Puram Mandal Tirupati District. 2. Munagala Vitobayanamma,, W/o LateGopala Naidu, Aged 74 years, R/o Anjuru Village Post K-.V.B. Puram Mandal, Tirupati District, ...Petitioners AND 1. The State of Andhra Pradesh, rep. by It's Principal Secretary to Revenue D^artment, Secretariat Buildings Government, Velagapudi, Guntur District. A.P„ 2. The District Collector, Tirupati District, Tirupati. 3. The Tahsildar, K.V.B. Puram Mandal, Tirupati District, Tirupati. - ' 4. The Village Revenue Officer, K.V.B. Puram Revenue Village Anjuru Village, Tirupati District. ...Respondents Petition under Article 2^ 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 writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3rd and 4th « respondents in interfering with the dispossession of the agricultural land admeasuring Ac.1.02 cents i.e An extent of Ac.0.36 cents in Sy.No.51/10, an extent of Ac.0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District as illegal, arbitrary and un constitutional and consequently direct the 3rd and 4th respondents not to interfere in any manner with the possession of the petitioners pertaining to agricultural la^ admeasuring Ac. 1.02 cents i.e An extent of Ac.0.3^ cents in Sy.No.51/10, an extent of Ac.0.13 cents in Sy.No.51^/11, an extent of Ac.0.22 cents in Sy.No.53/1 and extent of Ac.0.3l cents in Sy.No.53/3B1 situated Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District. in K.V.B. Puram an iA 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 3rd and 4th respondents not to interfere with the possession of the petitioners in any .manner with the possession of the petitioners pertaining to agriculture land admeasuring Ac. 1.02 cents i.e An extent of Ac.0.36 cents in Sy.No.5l7l0, an extent of Ac.0.13 cents in Sy.No.51/11, an extent of Ac.0.22 V"' V,-- cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Amjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District. V'- Counsel for the Petitioners: DHANUNJAYA BARU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order:^ w APHC010313042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] m WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARUU NIMMAGADDA WRIT PETITION NO: 15785/2025 Between: 1.MUNAGALA MADHU NAIDU, S/0 LATE GOPALA NAIDU, AGED 63 YEARS, OCC. CULTIVATION, R/0 ANJURU VILLAGE POST, K.V.B. PURAM MANDAL, TIRUPATI DISTRICT. 2.MUNAGALA VITOBAYANAMMA,, W/0 LATEGOPALA NAIDU, AGED 74 YEARS, R/0 ANJURU VILLAGE POST K.V.B. PURAM MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL REVENUE DEPARTMENT, A.P., VELAGAPUDI, GUNTUR SECRETARY TO GOVERNMENT, SECRETARIAT BUILDINGS, DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3.THE TAHSILDAR, K.V.B. PURAM MANDAL, TIRUPATI DISTRICT, TIRUPATI. 4.THE VILLAGE REVENUE OFFICER. K.V.B. PURAM REVENUE VILLAGE ANJURU VILLAGE, TIRUPATI DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ or writs or order or orders one more 2 h particularly in the nature of Writ of Mandamus to declare the action of the 3rd and 4th respondents in interfering with the dispossession of the agricultural land admeasuring Ac. 1.02 cents i.e An extent of Ac.0.36 Sy.No.51/10, an extent of Ac.0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District as illegal, arbitrary and un constitutional and consequently direct the 3rd and 4th respondents not to interfere in any with the possession of the petitioners pertaining to agricultural land cents in manner admeasuring Ac.1.02 cents i.e An extent of Ac.0.36 cents in Sy.No.51/10, an extent of Ac.0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District and be pleased to pass 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 pleased to direct the 3rd and 4th respondents not to interfere with the possession of the petitioners in any .manner with the possession of the petitioners pertaining to agriculture land admeasuring Ac. 1.02 cents i.e An extent of Ac.0.36 cents in Sy.No.51/10, an extent of Ac.0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Amjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District and be pleased to pass Counsel for the Petitioner(S): 1.DHANUNJAYA BARU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; T 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15785/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the 3'"^ and respondents in interfering with the possession of the agricultural land admeasuring Ac. 1.02 cents i.e. An extent of Ac. 0.36 cents in Sy. No. 51/10, an extent of Ac. 0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and an extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.3. Puram Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the 3'"^ and 4^^ respondents not to interfere in any manner with the possession of the petitioners pertaining to agricultural land admeasuring Ac.1.02 cents i.e. An extent of Ac. 0.36 cents in Sy. No. 51/10, an extent of Ac. 0.13 cents in Sy.No.51/11, an extent of Ac.0.22 cents in Sy.No.53/1 and extent of Ac.0.31 cents in Sy.No.53/3B1 situated in K.V.B. Puram Revenue Village, Anjuru Village, K.V.B. Puram Mandal, Srikalahasthi, Tirupati District and pass such other order. ” an 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. f 4 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject properties, they 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 the subject property, the respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by following due process of law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ^ 2004 (1) see 769 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE eOPY// 'SEeTION OFFieER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat Buildings, A.P., Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Tahsildar, K.V.B. Puram Mandal, Tirupati District, Tirupati. 4. The Village Revenue Officer, K.V.B. Puram Revenue Village Anjuru Village, Tirupati District. 5. One CC to Sri. Dhanunjaya Baru Advocate [OPUC] 6. Two CCs to GP For Revenue High Court of Andhra Pradesh [OUT] 7. Two CD Copies. m. AL i- ..'i .1 '•{ HIGH COURT DATED;02/07/2025 ORDER WP NO. 15785 OF 2025 DISPOSING OF THE W.P . WITHOUT COSTS / \