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2025 DAILYLAW 22213 (AP)

ARUMALLA ARUNA KUMARI v. THE STATE OF ANDHRA PRADESH

WP/15595/2025 · 2025-06-24

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010312952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15595 OF 2025 X Between: 1. Arumalla Aruna Kumari, W/o Late Arumalla Raju, aged about 47 years R/o Door no.8-949, Perecherla Village Medikonudur Mandal, Guntur District 2. Arumalla Teja Babu, S/o Late Arumalla Raju, aged about 26 years. Coolie R/o Door no.8-949, Perecherla Village Medikonudur Mandal, Guntur District ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and Rural Development Velagapudi, Amaravati 2. The District Panchayat Officer, Guntur District, Guntur 3. The Perecherla Gram Panchayat, rep. by Panchayat Secretary Perecherla Village Medikonduru Mandal, Guntur District 4. The Tahsildar, Medikonduru Mandal, Guntur District department. Secretariat buildings ...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, order or direction more particularly one in the nature of mandamus declaring the action of the respondent nos. 3 and 4 in threatening to demolish petitioners house bearing Door no.8-949 sq.yards in D.No.214 of Perecherla village. admeasuring an extent of 72 Medikondum Mandal, Guntur District and dispossess them as illegal, arbitrary, violation of Art. 14, 21 and 300-A of The Constitution of India and jalso violation of principles of natural justice and to consequently direct the respondents not to ..interfere with petitioners possession and enjoyment over ffire'said House. - ■ ^ 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 interefere with petitioners possession and enjoyment over the House bearing Door no.8-949 admeasuring an extent of 72 sq.yards in D.No.214 of Perecherla village, Medikonduru Mandal, Guntur District pending disposal of the above writ petition. Counsel for the Petitioners: SRI ALAPATI LALITH NIKHIL Counsel for the Respondent Nos. 1 and 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 3; SRI M SUDHIR SC FOR ZPP, MPP AND GP Counsel for the Respondent No. 4: GP FOR REVENUE The Court made the following order: APHC010312952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 15595/207*^ Between: Arumalla Aruna Kumari and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.ALAPATI LALITH NIKHIL Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ...RESPONDENT(S) 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15595/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- "to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no.s 3 and 4 in threatening to demolish the petitioners house bearing Door No. 8-949 admeasuring an extent of 72 sq. yards in D. No. 214 of Perecherla village, Medikonduru Mandal, Guntur District and dispossess them as illegal, arbitrary, violation of Art. 14, 21 and 300-A of The Constitution of India and also violation of principles of natural justice and to consequently direct the respondents not to interfere with petitioners possession^ and enjoyment over the said House and to pass such other order. 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 Panchayat Raj and the learned Assistant Government Pleader for Revenue submit that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleaders for the respondents, it is observed that when the petitioners are in 3 settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in in “Rame Gowda (dead) L.Rs.'”’. Therefore, if the view of the law declared by the Apex Court i by LRs. V. M.Varadappa Naidu (Dead) by petitioners are iin possession of the subject not to interfere with the property, the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. respondents are directed 5. With the above direction, the writ petition is disposed of. The learned Assistant Government Pleader for Panchayat Raj and the learned Government Pleader for Revenue are directed to inform the respondents herein. There shall be order of this Court to the order as to costs. no As a sequel miscellaneous application, also stand closed. pending, if any, shall 2024(1) see 769 AeHARI assistant registrar //TRUE COPY// SEeTION OFFieER To, 1. The Pnncipal Secretary, State of Andhra Pradesh, Panchayat Raj and Amaravar '^®Part't'ent. Secretariat buildings, Velagapudi 2. The District Panchayat Officer, Guntur District, Guntur 3. The Perecherla Gram Panchayat, rep. by Panchayat Secretary, Perecherla Village Medikonduru Mandal, Guntur District 4. The Tahsildar, Medikonduru Mandal, Guntur District far- 5. One CC to Sri. Alapati Lalith Nikhil Advocate [OPUC] One CC to Sri M Sudhir SC for ZPP, MPP and GP [OPUC] Two CCs to GP for Panchyat Raj and Rural Development, High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Three CD Copies 6. 7. 8. 9. GSC V HIGH COURT DATE0:25/06/2025 ORDER WP 15595/2025 DISPOSING THE WP WITHOUT COSTS