Extracted from the PDF above. The PDF is authoritative.
! 1 APHC010340622025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) 1^: io WEDNESDAY,THE NINTH DAY OF JULY \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17084 OF 2025 4 Between:
1. Jala Siddamma, W/o Bandenna, Aged 49 years, Occ Agriculture, R/o Joukupalli Village, B. Matam Mandal, YSR Kadapa District. 2. Jala Siva, S/o Bandenna, Aged 35 years, Occ Agriculture, R/o Joukupalli Village, B. Matam Mandal, YSR Kadapa District. 3. K. Murali S/o Obaiah, Aged 34 years, Occ Agriculture, R/o Amugampalli Village, SAKN Mandal, YSR Kadapa District. 4. C. Kumari, W/o Guraiah, Aged 56 years, Occ Agriculture, R/o Joukupalli Village, B. Matam Mandal, YSR Kadapa District. ...PETITIONERS AND
1. The State of Andhra Pradesh, rep by its PrI. Secretary, Revenue Department, Secretariat, Guntur District. 2. District Collector, YSR KadapaDistrict, Kadapa. 3. Revenue Divisional Officer, Badvel, YSR District. 4. The Tahsildar, Brahmamgari Matam Mandal, YSR 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 nature of
Writ of Mandamus declaring the action of the respondent No. 4 in interfering with the peaceful possession of the petitioners in survey No. 1938 of Joukupalli Revenue Village, Brahmamgari Matam Mandal, YSR Kadapa without recourse to any law, as arbitrary, illegal, without jurisdiction and violative of Articles 14, 21 and 300-A of the constitution of India and consequently direct the 4*'' respondent not to interfere with the petitioners peaceful possession of the lands without following due process of law. 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 direct the 4*^ respondent not to interfere with the to petitioners peaceful possession of the lands in survey No: 1938 of Joukupalli Revenue Village, Brahmamgari Matam Mandal, YSR Kadapa, without following due process of law pending disposal of the above writ petition.
Counsel for the Petitioners: SRI M. SOLOMON RAJU Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order:
APHC010340622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17084/2025 Between; 1.JALA SIDDAMMA, W/0 BANDENNA, AGED 49 YEARS, OCC AGRICULTURE, R/0 JOUKUPALLI VILLAGE, B. MATAM MANUAL, YSR KADAPA DISTRICT. 2. JALA SIVA, S/O BANDENNA, AGED 35 YEARS, OCC AGRICULTURE, R/0 JOUKUPALLI VILLAGE, B. MATAM MANDAL, YSR KADAPA DISTRICT. 3.K. MURALI, S/O OBAIAH, AGED 34 YEARS, OCC AGRICULTURE, R/0 AMUGAMPALLI VILLAGE, SAKN MANDAL, YSR KADAPA DISTRICT. 4.C. KUMARI, W/0 GURAIAH, AGED 56 YEARS, OCC AGRICULTURE, R/0 JOUKUPALLI VILLAGE, B. MATAM MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, GUNTUR DISTRICT. 2.DISTRICT COLLECTOR, YSR KADAPADISTRICT, KADAPA. 3.REVENUE DIVISIONAL OFFICER, BADVEL, YSR DISTRICT. 4.THE TAHSILDAR, BRAHMAMGARI MATAM MANDAL, YSR DISTRICT.
2 ...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 order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondent No. 4 in interfering with the peaceful possession of the petitioners in survey No. 1938 of Joukupalli Revenue Village, Brahmamgari Matam Mandal, YSR Kadapa without recourse to any law, as arbitrary, illegal, without jurisdiction and violative of Articles 14, 21 and 300-A of the constitution of India and consequently direct the 4th respondent not to interfere with the petitioners peaceful possession of the lands without following due process of law and 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 4th respondent not to interfere with the petitioners peaceful possession of the lands in survey No; 1938 of Joukupalli Revenue Village, Brahmamgari Matam Mandal, YSR Kadapa, without following due process of law pending disposal of the above writ petition and to pass Counsel for the Petitioner{S):
1.M SOLOMON RAJU Counsel for the Respondent(S);
1.GP FOR REVENUE The Court made the following:
3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17084/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
“to issue a writ, order or direction more particulariy one in nature of Writ of Mandamus declaring the action of the respondent No. 4 in interfering with the peaceful possession of the petitioners in survey No. 1938 of Joukupalli Revenue Village, Brahmamgari Matam Mandal, YSR Kadapa without recourse to any law as arbitrary, illegal without jurisdiction and violative of Articles 14, 21 and 300-A of the constitution of India and consequently direct the 4th respondent not to interfere with the petitioners peaceful possession of the lands without following due process of law 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’ \ 'I peaceful possession and enjoyment of the subject property without following due process of law. Learned Assistant Government Pleader for Revenue submits
3. that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. Having regard to the submissions made by the learned
4. 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 property, they cannot be dispossessed without following due process of law in view
4 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 due process of law.
5. With the above direction, the writ petition is disposed of. The learned Assistant Government Pleader for Revenue is directed to inform the order of this Court to the respondents herein. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. 1 2004(1) see 769 Sd/- M SRI^45VAS ASSISTANT REGISTRAR SECTION OrhICER //TRUE COPY// To,
1. The PrI. Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Guntur District. The District Collector, YSR Kadapa District, Kadapa. The Revenue Divisional Officer, Badvel, YSR District. The Tahsildar, Brahmamgari Matam Mandal, YSR District. One CC to Sri M. Solomon Raju, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies
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HIGH COURT DATED:09/07/2025
ORDER WP No.17084 OF 2025 11 JUL 2n?5 m o ¥J ^ . Curreni ciecnon DISPOSING OF THE W.P. WITHOUT COSTS