Boreddy Madhu Sudan Reddy, v. The State of Andhra Pradesh,
WP/16387/2025 · 2025-07-06
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22927 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22927 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010323442025 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 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16387 OF 2025 / Between: Boreddy Madhu Sudan Reddy, S/o. Kesava Reddy, Aged about 27 Munnelli Village, B. Kodur Mandal YSR Kadapa District. years, R/o. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Revenue Divisional Officer, Badvel YSR Kadapa District. 4. The Tahsildar, B.Kodur Mandal YSR Kadapa 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 of Mandamus or any other appropriate Writ, Order in trying to dispossess or direction declaring the action of the 4th Respondent the Petitioner from their agriculture land situated in Sy.No.767 measuring an extent of Ac.4.12 Cents situated in Munnelli Village, B. Kodur Mandal, YSR Kadapa District., without even putting on notice nor following any procedure as arbitrarily, illegal, without authority, against the principles of natural justice
and consequently direct the 4th Respondent and his the peaceful possession and staff not to interfere with ^ enjoyment of the aforementioned agricultural dispossessing the Petitioner from the same I 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 may be pleased to direct the 4‘^ Respondent not to interfere with the possession and enjoyment over the agricultural land situated in Sy.No.767 measuring an extent of Ac.4.12 V2 Cents situated in Munnelli Village, B, Kodur Mandal, YSR Kadapa District., in respects pending disposal of the Writ Petition before this Hon'ble Court Counsel for the Petitioner; SRI S DILIP JAVA RAM Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order:
A APHC010323442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16387/2025 Between:
1.BOREDDY MADHU SUDAN REDDY,, S/0. KESAVA REDDY, AGED ABOUT 27 YEARS, R/O. MUNNELLI VILLAGE, B. KODUR MANUAL YSR KADAPA DISTRICT.
...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT REVENUE SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, BADVEL YSR KADAPA DISTRICT. 4.THE TAHSILDAR, B.KODUR MANUAL YSR KADAPA 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ,
Order or direction declaring the Respondent in trying to dispossess the Petitioner from their agriculture land situated in Sy.No.767 measuring an extent of Ac.4.12 Cents situated in Munnelli Village, B. Kodur Mandal, YSR Kadapa District., without even putting on notice nor following any procedure as arbitrarily, illegal, without authority, against the principles of natural justice and consequently direct the 4th action of the 4th
2 W.P.NO.16387 Respondent and his staff not to interfere with the peaceful possession and enjoyment of the aforementioned agricultural land by refraining them from dispossessing the Petitioner from the same and pass . 4 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 may be pleased to direct the 4^^ Respondent not to interfere with the possession and enjoyment over the agricultural land situated in Sy.No.767 measuring an extent of Ac.4.12 V2 Cents situated in Munnelli Village, B. Kodur Mandal, YSR Kadapa District., in respects pending disposal of the Writ Petition before this Hon'ble Court. Counsel for the Petitioner:
1.S DILIP JAVA RAM Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
3 NV,J W.P.NO.16387 OF 2025
ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief;
“to issue a Writ of Mandamus or any other appropriate Writ,
Order or direction declaring the action of the 4^ Respondent in trying to dispossess the Petitioner from their agriculture land situated in Sy.No.767 measuring an extent of Ac.4.12 14 Cents situated in Munnelli Village, B. Kodur Mandal, YSR Kadapa District., without even putting on notice nor following any procedure as arbitrarily, illegal, without authority, against the principles of natural justice and consequently direct the 4^ Respondent and his staff not to interfere with the peaceful possession and enjoyment of the aforementioned agricultural land by refraining them from dispossessing the Petitioner from the same and pass... "(in verbatim) Heard
learned counsel for the petitioner and learned Government
2. Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner, without touching the
3. merits of the case, requested this Court to issue a direction to the respondents not to dispossess/evict the petitioner from their respective properties without following due process of law. On the other hand, learned Government Pleader for Revenue furnished written instructions submitted by the 4^^ respondent dated 05.07.2025, wherein i
4. it is stated that:
“1. As seen from the webland adangal history, the petitioner was entered the subject land in webland without any registered documents on 28.10.2023 through mutation. Hence, the above said mutation entries pertaining to the subject land are fraudulent.
2. The petitioner having PPB/TDs vide Khatha No.3363 which was not issued by The then Tahsildar, B. Kodur because the signature of the then Tahsildar.B.Kodur i.e.. Sri Vidya Sagar is different on PPB/TDs. Hence, the petitioner having RPB/TD's is fake.
3. The Petitioner was mentioned in Writ Petition as he got the subject land through his ancestors, but as per Revenue records available in this office and verified that, there are no entries of his ancestors family details pertaining to the subject land in Revenue records i.e., RSR. Manual
4 W.P.NO.16387 Adangal and Manual 1B to prove his rights over the subject land i.e., Sy.No.767 extent Ac.4.12 y2 cents of Munnelli village, B.Kodur Mandal”.
5. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Hon’ble Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”. Therefore, if the petitioner is in possession of the subject property, the respondents
directed not to evict/dispossess the petitioner from the subject property, except by following due process of law. 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 are
6. closed.
'2004 (1)SCC 769 Sd/- P. VINOD KUiVlAR ASSISTA-NT REGiSlj R //TRUE COPY// S N OFFICER To,
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Kadapa, YSR Kadapa District.
3. The Revenue Divisional Officer, Badvel YSR Kadapa District.
4. The Tahsildar, B.Kodur Mandal YSR Kadapa District
5. One CC to SRI S DILIP JAYA RAM Advocate [OPUC]
6. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT]
7. Two CD Copies gsg
HIGH COURT DATED: 07/07/2025
ORDER WP NO. 16387 OF 2025 DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS