LEBAKU VENUGOPAL REDDY v. THE STATE OF ANDHRA PRADESH
WP/16084/2025 · 2025-07-06
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22876 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22876 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010322442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16084 OF 2025 Between:
1. Lebaku Venugopal Reddy, S/o. Late Narayana Reddy, Aged about 67 years, Occ: Agriculture, Resident of D.No. 1/54, Brahmanapalli Village, Rajampet Mandal, AnnamayyaDistrict. 2, Lebaku Vijaya Krishna Reddy, S/o Late Narayana Reddy, Aged about 60 years, Occ: Agriculture, Resident of D.No. 1 /86, Brahmanapalli Village, Rajampet Mandal, Annamayya District. 3. Lebaku Raghurami Reddy, S/o Late Narayana Reddy, Aged about 57 years, Occ; Agriculture, Resident of Brahmanapalli village, Rajampet Mandal, Annamayya District. 4. Lebaku Bhaskar Reddy, S/o Late Gopal Krishna Reddy, Aged about 37 years, Occ: Private Employee, Resident of Flat No.402, Sri Sai Nivas Apartment, Rajeev Nagar Colony, Erragadda, Hyderabad, Telangana State. 5. Lebaku Somasekhar Reddy, S/o Late Gopal Krishna Reddy, Aged about 27 years, Occ: Agriculture, Resident of D.No. 1/84, Brahmanapalli village, Rajampet Mandal, Annamayya District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rajampet, Annamayya District. 4. The Tahsildar, Rajampet Mandal, Annamayya 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4^'^ respondent in issuing notice by notice finally dated 10-03-2025 asking to appear before him on several Occasions in view of making complaints against the petitioners family and trying to evict the petitioners from the property admeasuring an extent of Ac.4.13 cents in Sy.No. 141-2B, situated in Brahmanapalli Village, Rajampet Mandal, Annamayya District is illegal, arbitrary, unconstitution al and violation of principles of natural justice and also violation of Article 300-A of Constitution of India and consequently direct the 4‘^ respondent not to interfere with the peaceful possession and enjoyment of the petitioners' property admeasuring an extent of Ac.4.13 cents in Sy.No. 141-2B, situated in Brahmanapalli village, Rajampet Mandal, Annamayya District.
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 4*'^ respondent not to interfere with the peaceful possession and enjoyment of the petitioners’ property admeasuring an extent of Ac.4.13 cents in Sy.No. 141-2B, situated in Brahmanapalli Village, Rajampet Mandal, Annamayya District without following due process law, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1 to 4: ASST.GP FOR REVENUE The Court made the following order:
/ APHC010322442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT [3329] THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16084/2025 Between: 1.LEBAKU VENUGOPAL REDDY, S/0 LATE NARAYANA REDDY, AGED ABOUT 67 YEARS, OCC AGRICULTURE, RESIDENT OF D.NO. 1/54, BRAHMANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYADISTRICT. 2.LEBAKU VIJAYA KRISHNA REDDY, S/0 LATE NARAYANA REDDY, AGED ABOUT 60 YEARS, OCC AGRICULTURE, RESIDENT OF D.NO. 1 /86, BRAHMANAPALLI VILLAGE,’ RAJAMPET MANDAL, ANNAMAYYA DISTRICT. 3.LEBAKU RAGHURAMI REDDY, S/0 LATE NARAYANA REDDY, AGED ABOUT 57 YEARS, OCC AGRICULTURE, RESIDENT OF BRAHMANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA DISTRICT. 4.LEBAKU BHASKAR REDDY, S/0 LATE GOPAL KRISHNA REDDY, AGED ABOUT 37 YEARS, OCC PRIVATE EMPLOYEE, RESIDENT OF FLAT NO.402, SRI SAI NIVAS APARTMENT, RAJEEV NAGAR COLONY, ERRAGADDA HYDERABAD, TELANGANA STATE. 5.LEBAKU SOMASEKHAR REDDY, S/0 LATE GOPAL AGED ABOUT 27 YEARS, OCC RESIDENT OF D.NO. 1 /84, RAJAMPET MANDAL, KRISHNA REDDY, AGRICULTURE, BRAHMANAPALLI VILLAGE, ANNAMAYYA DISTRICT. ...PETITIONER(S) 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. AND
2 2.THE DISTRICT COLLECTOR, ANNAMAYYA RAYACHOTY. 3.THE REVENUE DIVISIONAL ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, RAJAMPET DISTRICT. DISTRICT AT OFFICER, RAJAMPET, MANDAL, ANNAMAYYA ...RESPONDENT(S): th«t 226 of the Constitution of India praying Hinh r* filed therewith the High Court may be pleased to pleased to issue a writ
order or direction rnore particulariy one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing notice by 10-03-2025 asking to appear before him o everai occasions in view of making complaints against the nmnert®'% ^
"i® Petitioners^ from the property admeasuring an extent of Ac.4.13 cents in Sy No 141-2B D stcf is
"i;reoT""'’h1' Mandal,''AnnImayya uistric IS liiegai, arbitrary, unconstitutional and violation of Const?tution^nf^^H^' °f Article 300-A of Constitu ion of India and consequently direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the ryT^uLTllat^r;-"-^ ^ ^ 2 cents'^: Mandal, Annamayya District and on Brahmanapalli village, Rajampet pass lA NO: 1 OF 909^ Petition under Section 151 CPC prayinq that in the the High Court may be pleased pleased to direct the 4th respondent not to interfere with the peacefui possession and enjoyment of me petitioners’ property admeasuring an extent of Brahmanapalli vH^gS Rajampet Mandal, Annamayya District without following due process law, pending disposai of the above writ petition and p^ass Counsel for the Petitioner(S):
1.VUTUPALLI RAJANNA Counsel for the Respondent(S)- 1.GP FOR REVENUE
/ \/ 3 The Court made the following 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 particulariy one in the nature of Writ of Mandamus deciaring the action of the respondent in issuing notice by notice finaliy dated 10032025 asking to appear before him on several occasions in view of making compiaints against the petitioners family and trying to evict the petitioners from the property admeasuring extent of Ac. 4.13 cents in Sy.No. 1412B situated i Brahmanapalii village Rajampet Mandal Annamayya District is illegal arbitrary unconstitutional and violation of principies of natural justice and also violation of Articie 300A of Constitution of India and consequentiy direct the 4th respondent not to interfere with the peaceful possession and enjoyment of the petitioners property admeasuring an extent of Ac 4 13 cents in Sy No 1412B situated in Brahmanapaili viiiage Rajampet Mandal Annamayya District and such other order. ” 4th an in pass
2. During hearing,
learned counsel for the petitioners, without touching the merits of the case, requested this Court to a direction to the respondents not to dispossess the petitioners from the subject properties, without following due process of law. issue
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3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject properties, the respondents would follow due process of law. 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 LRs. v. M.Varadappa Naidu (Dead) by L.Rs.^'. Therefore, if the petitioners possession of the subject properties, the respondents
directed not to dispossess the petitioners from the subject properties, 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.
4. are in are As a sequel, interlocutory applications, if any, pending shall stand closed.
SDI- N NAGAMMA I ASSISTANT REGISTRAR SECTION OFFlCEl^ 2004(1) see 769 //TRUE COPY// To, Department of Revenue, State of Andhra
1. The Principal Secretary, Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Annamayya District at Rayachoty. The Revenue Divisional Officer, Rajampet, Annamayya District. The Tahsildar, Rajampet Mandal, Annamayya District. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies.
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HIGH COURT DATED:07/07/2025
ORDER WP No. 16084 OF 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS