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2025 DAILYLAW 22952 (AP)

ESWARA REDDY v. State of Andhra Pradesh

WP/16101/2025 · 2025-06-30

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010322682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16101 OF 2025 Between: 1. Y. Eswara Reddy, S/o. Krishna Reddy, Aged 84 years, Occ Cultivation, R/o. Uppalavanka Village, H/o. Anupalli Village, Ramachandra Puram Mandal, Tirupati District(Erstwhile Chittoor District). 2. Y. Kamakshamma, W/o. Eswar Reddy, Aged 64 years, Occ Cultivation, R/o. Uppalavanka Village, H/o. Anupalli Village, Ramachandra Puram Mandal, Tirupati District(Erstwhile Chittoor District). 3. Y. Vasantha, W/o. Dharma Reddy, Aged 49 years, Occ Cultivation, R/o. Uppalavanka Village, H/o. Anupalli Village, Ramachandra Puram Mandal, Tirupati District (Erstwhile Chittoor District). ...Petitioners AND 1. State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Tirupati District, (Erstwhile Chittoor District). 3. Revenue Divisional Officer, Tirupati Revenue Division, Tirupati District (Erstwhile Chittoor District). 4. Tahsildar, Ramachandra Puram Mandal, Tirupati District(Erstwh ile Chittoor District). 5. Y Guna, W/o. Devarajula Reddy, Aged not known to the petitioners, R/o. Uppalavanka Village, H/o. Anupalli Village, Ramachandrapuram Mandal, Tirupati District(Erstwhile Chittoor 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 contemplating to demolish the house of the 1®* petitioner and to dispossess him from his land in an extent of Ac. 2.01 cents in Sy.No. 18-2 and to dispossess the petitioners 2 and 3 from their agricultural landed property an extent of Ac. 1.50 cents in Sy.No. 18-2A and an extent of Ac. 2.14 cents in Sy.No.18-3 respectively situated in Uppalavanka Village, H/o. Anupalli Village, Ramachandrapuram Mandal, Tirupati District (Erstwhile District) without following any known procedure established by law, irregular, irrational, violative of principles of natural justice and offends Articles Chittoor as illegal 14 and 21 of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners house and landed properties by setting aside the notice dated 28.05.2025. 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 respondents not to interlfere in any manner with the house and landed properties of the petitioners an extent of Ac. 2.01 cents in Sy.No. 18-2; an extent of Ac. 1.50 cents in Sy.No. 18-2A and an extent of Ac. 2.14cents in Sy.No. 18-3 situated in Uppalavanka Village, H/o. Anupalli Village, Ramachandrapuram Mandal, Tirupati District (Erstwhile Chittoor District), pending disposal of the main writ petition. Counsel for the Petitioners: KALAPALA DOONDI MAHARAJ Counsel for the Respondents: GP FOR REVENUE The Court made the following order: respondent in in APHC010322682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0 TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16101/2025 Between: 1.ESWARA REDDY, S/0. KRISHNA REDDY AGED 84 YEARS, OCC , R/0. UPPALAVANKA VILLAGE, H/0. ANUPALLI RAMACHANDRA PURAM MANDAL CULTIVATION VILLAGE DISTRICT(ERSTWHILE CHITTOOR DISTRICT). TIRUPATI 2.Y.KAMAKSHAMMA, W/0. ESWAR REDDY, AGED 64 YEARS, OCC CULTIVATION, R/0. UPPALAVANKA VILLAGE, H/0. ANUPALLI VILLAGE, RAMACHANDRA PURAM MANDAL, TIRUPATI DISTRICT (ERSTWHILE CHITTOOR DISTRICT). 3.Y. VASANTHA, W/0. DHARMA REDDY, AGED 49 YEARS, OCC CULTIVATION, R/0. UPPALAVANKA VILLAGE, H/0. ANUPALLI VILLAGE, RAMACHANDRA PURAM DISTRICT(ERSTWHILE CHITTOOR DISTRICT), MANDAL, TIRUPATI ...PETITIONER{S) AND 1.STATE OF ANDHRA PRADESH, SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, TIRUPATI DISTRICT, (ERSTWHILE CHITTOOR DISTRICT). 3. REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI DISTRICT(ERSTWHILE CHITTOOR DISTRICT). REP.BY ITS PRINCIPAL '-J - I 4.TAHSILDAR, RAMACHANDRA PURAM MANDAL, TIRUPATI DISTRICT (ERSTWHILE CHITTOOR DISTRICT). 5.Y GUNA, W/0. DEVARAJULA REDDY, AGED NOT KNOWN TO THE PETITIONERS, R/0. UPPALAVANKA VILLAGE, H/0. ANUPALLI VILLAGE RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT (ERSTWHILE CHITTOOR DISTRICT). ...RESPONDENT(S): Counsel for the Petitioner(S): 1.KALAPALA DOONDI MAHARAJ Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 16101 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “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 contemplating to demolish the house of the 1 and to dispossess him from his land In petitioner an extent of Ac. 2.01 cents in Sy. No. 18-2 and to dispossess the petitioners 2 and 3 from their agricultural landed property In an extent of Ac. 1.50 cents in Sy.No. 18-2A and an extent of Ac.2.14 cents in Sy.No. 18- 3 respectively situated In Uppalavanka Village H/o Anupalli Village, Ramachandrapuram Mandal, Tirupatl District, Erstwhile District without following any known procedure established by law Irregular Irrational violative of principles of natural justice and offends Articles Chittoor as Illegal 14 and 21 of Constitution of India and consequently direct the respondents not to Interfere in any manner with the petitioners house and landed properties by setting aside the notice dated 28.05.2025 and pass such....” th 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 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 enjoymentof the subject properties of the petitioners without following due process of law. 3. 4. Learned Government Pleader for Revenue submits that, if the petitioners are in possession of the subject properties, the respondents follow due process of law and requested to pass appropriate orders. would 5. When the petitioners are in settled possession and enjoyment of their properties, the petitioners cannot be dispossessed, without following 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. due 1» Therefore, if the petitioners are in possession of their subject properties, the respondents directed not to interfere with the peaceful possession and enjoyment of the subject properties of the petitioners, except by due process of law. are 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No Consequently, miscellaneous petitions pending, if any, shall also stand costs. closed. T 2004 (1) see 769 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPYII SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Arnaravati, Guntur District. 2. The District Collector, Tirupati District, (Erstwhile Chittoor District). 3. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati District (Erstwhile Chittoor District). 4. The Tahsildar, Ramachandra Puram Mandal, Tirupati District(Erstwhile Chittoor District). 5. One CC to Sri Kalapala Doondi Maharaj, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM high court DATED:01/07/2025 ORDER WP NO. 16101 OF 2025 DISPOSING OF THE WP WITHOUT COSTS