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2025 DAILYLAW 24976 (AP)

CHILAMAKURU BHARATH KUMAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/18189/2025 · 2025-07-20

Subba Reddy Satti

body2025

Judgment text

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APHC010352522025 IN THE HIGH COURT OF AT AMARAVATI (Special Original Jurisdiction) li ANDHRA PRADESH H MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY present the honourable SRI JUSTICE FIVE SUBBA REDDY SATTI Between; T Chilamakuru Bharath Aged 49 Kumar Reddy, S/o. C. Chandrasekar Reddy, sivalayam street. years, Occ Agriculture, P oddatur, Y.S.R. Ladapa, Andhra Pradesh-516360 '-h'lamakuru Venkata Subbareddy 75 years, Occ Agriculture Kadapa,A.P-516360. . S/o. Late Chinna Peddireddy R/O- 5/10, Chowduru, Aged Chowdur, Y.S.R. 3. Chilamakuru Venkata Subbareddy, S/o. Chinna R/o. 5/8-a, Chowduru, Proddatur Bo Reddy, Aged 57 PO. Y.S.R. years, Occ Agriculture Kadapa,A.P-516360. 4. Lakki Reddy Venkata Reddy, Aged 63 Rami Reddy, s/o. years, Occ Agriculture Proddatur P 0 Y S R ^ P-R-Kadapa, A.P-516360 5 Lakkireddy Sankar Reddy, s/o. Late years, Occ Agriculture, R/o, 1/81, Chowduru Kadapa, A.P-516360 Late Lakki Reddy Subba R/o. 1/38, Bollavaram, Lakkireddy Subbareddy Aged 62 Proddatur P.O Y.S.R. 6. Dudekula Seetamma, Occ Agriculture, f Proddatur P.0, Y.S.R W/o. Dudekula Kamal R/o. 1/94-A, Saheb, Aged 54 PataDarga, years, Choedur, Chowdur, Kadapa,A. P-516360 7. Dudekula Mahammad Younas, S/o. Dastag Aged 35 years, Occ Agriculture, R/o. D. No. 21/225, Teru Road, BSNL Office, Teru Road, in Jammalamadugu, Y.S. R. Kadapa, Andhra Pradesh - 516434 8. D. Babu Hussain, S/o. Kamal Sahed , Aged 55 years, Occ Agriculture, R/o. D. No. 70/108-18-31, Opp to Chowdeswari Temple, Kalluru Kalluru, Kurnool Dt. A.P- 518003. post 9. Puli Lakshmi Narasimha Reddy, S/o. P. Lakshmi Reddy years, Occ Agriculture, Kadapa, A.P - 516360. Aged 82 Y.S.R. R/o. 3/52, Chowduru, Chowdur 10. Yaddula Sudhavathamma, W/o. late Venkateswara reddy Aged 67 years, Occ Agriculture, R/o. D. No. 4/123. Sankarapuram Proddutur, Y. S.R. Kadapa Dt. Andhra Pradesh- 516360. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Kadapa, YSR Kadapa District, Andhra 3. The Revenue Divisional officer, Jammalamadugu, YSR Kadapa District, -A.P. 4. The Mandal Revenue Officer, Proddatur, Y.S. R. Kadapa Dt. A.P. ...RESPONDENTS Pradesh. Petition under Articie 226 of the Constitution of india praying that in the circumstances stated in the affidavit filed therewith pleased to issue the High Court may be an appropriate writ, order or direction, more particularly a Writ one in the nature of writ of Mandamus declaring the actions of the respondents especially the action of the Respondents no. 3 and 4 in trying to dispossess the petitioners from their lands in Sy. No. 657 situated in Chowdur village, Proddatur Mandal, YSR Kadapa District without issuing any notice or r: giving opportunity of hearing and without following the due process of law is ■ illegal, unjust and violation of Articles 14, 19 and 21 of the constitutioirahd also against the Principles of Natural Justice, 7 and Consequently direct the Respondents herein not to dispossess the petitioners from their lands in Sy. No. 657 situated in Chowdur village, Proddatur Mandal, YSR Kadapa District r/ / 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 to direct the respondents herein not to take any coercive steps including dispossessing the petitioners from their respective lands in Sy no. 657 situated in Chowdur village, Proddatur Mandal, YSR Kadapa District, without following the due process of law. Counsel for the Petitioners: SRI V. NITESH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010352522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 18189/20?.^ [3331] ■^Li / f/ SATTI Between: 1. CHILAMAKURU BHARATH KUMAR CHANDRASEKAR REDDY, AGED 49 YEARS, R/0. D. NO. 5/13, SIVALAYAM STREET KADAPA, ANDHRA PRADESH- 516360 REDDY, S/0. C. 000 AGRICULTURE, PRODDATUR, Y.S.R. VENKATA SUBBAREDDY, S/0. LATE CHINNA '^^ARS, OCC AGRICULTURE, R/0. 5/10 HOWDURU, CHOWDUR, Y.S.R. KADAPA,A.P-516360.' 3. CHILAMAKURU VENKATA REDDY, SUBBAREDDY, S/0. CHINNA AGED 57 YEARS, OCC AGRICULTURE CHOWDURU, PRODDATUR P.O BO R/O. 5/8-A, Y.S.R. KADAPA, A.P -516360. ^ SUBBA'^RFOnY'^^^A'^Jn UBBA REDDY, AGED 63 YEARS. OCC AGRICULTURE 1/38. BOLLAVARAM, PRODDATUR 516360 R/0. P.0, Y.S.R. KADAPA, A.P- 5. LAKKIREDDY SANKAR SURRARPnnv REDDY, , S/O. LATE LAKKIREDDY SUBBAREDDY, AGED 62 YEARS, OCC AGRICULTURE R/0 1/81 CHOWDURU. PRODDATUR P.O Y.S.R. KADAPA, A.P-516360 6. DUDEKULA SEETAMMA, W/O. DUDEKULA KAMAL SAHEB 54 YEARS, OCC AGRICULTURE, [ PATADARGA, CHOEDUR, PRODDATUR 516360 AGED R/0. 1/94-A. CHOWDUR, : P.O, Y.S.R. KADAPA.A.P- 7. DUDEKULA MAHAMMAD YOUNAS,, years, OCC AGRICULTURE S/O. DASTAGIRI, R/0. D. NO. 21/225. TERU ROAD. AGED 35 bsnl office, teru ANDHRA PRADESH 8- D. BABU HUSSAIN, agriculture, CHOWDESWARI TEMPLE DT. A.P-518003. 9- PULI LAKSHMI i aged 82 YEARS, CHOWDUR, Y S road, - 516434 JAMMALAMADUGU R. KADAPA, > S/0. KAMAL SAHED R/0 ^ aged 55 YEARS OCC 70/108-18-31 D. NO. OPP 70 KALLURU, KURNOOL kalluru post NARASIMHA REDDY agriculture •R- KADAPA, A.p SUDHAVATHAMMA, aged 67 YEARS S/0. P. ; > R/0. 3/52 LAKSHMI REDDY / CHOWDURU OCC - 516360. lO.YADDULA REDDY, 4/123. W/0. LATE agriculture, Y. S.R. VENKATESWARA P/0. D. NO. KADAPA DT. OCC -PETITIONER(S) A MrN 4. THE MANDAL DT. A.P. BY ITS PRINCIPAL SECRETARIAT GUNTUR DISTRICT, ^'SR KADAPA DISTRICT, JAMMALAMADUGU, PRODDATUR, y.s, r, KADAPA YSR REVENUE OFFICER -RESPONDENT(S): appropriate writ order nr a- ’ ^ "lay be °f writ of Mandamus Particularly a Petition under Article circumstances stated i pleased to issue an Writ one i respondents 3 illegal, unjust and violation of Articles 14, 19 and 21 of the constitutioirahd also against the Principles of Natural Justice, and Consequently direct the Respondents herein not to dispossess the petitioners from their lands in Sy. No. 657 situated in Chowdur village, Proddatur Mandal, YSR Kadapa District without following due process of law and pass lANO: 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 herein not to take any coercive steps including dispossessing the petitioners from their respective lands in Sy no. 657 situated in Chowdur village, Proddatur Mandal, YSR Kadapa District, without following the due process of law and pass Counsel for the Petitioner(S): 1.VNITESH Counsel for the Respond8nt(S): 1.GP FOR REVENUE The Court made the following: :;ORDER:: Heard Sri V.Nitesh, learned counsel for the petitioners and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Petitioners, 10 in number, filed the above writ petition, complaining of the action of respondents 3 and 4 in trying to dispossess them from their lands in Sy.No.657 of Chowdur Village, Proddatur Mandal, YSR Kadapa District, without following due process, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that petitioners 1 to 3 and 10 own Ac.3.00 cents; petitioners 4, 5 and 9 own Ac.2.00 cents and the petitioners 6 to 8 own Ac.1.65 cents. He would submit that all the petitioners encroached on the above-said extent and have been cultivating the lands for quite a long time. Without issuing any notice, respondents 3 and 4 to dispossess the petitioners. are trying 4. Learned Assistant Government instructions of the 4 Pleader for Revenue, submitted th respondent. 5. A perusal of the instructions would disclose that Chowdur Gram Panchayath passed a resolution No.21/2025 dated 14.02.2025, expressing its no objection for alienating the lands in favour of APIIC Limited. A-1 published in the Village on 07.02.2025 notice was and no objections were received for land to APIIC Limited. The cents in Sy.No.699/1 and Ac.49.46 alienation of the aforementioned proposals in respect of Ac. 10.54 Sy.No.699/3 were submitted for alienation cents in the establishment of Micro, Small and Proddatur Mandal, Ac.351.25 cents in SY.No.657 of as Topu Poramboke, which is a Government Medium Enterprises in Chowduru Village and the proposals are pending. As per R.S.R., Chowduru Village is classified Land. Necessary proceedings Encroachment Act, 1905. were issued under the A.P. Land 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the respondents 3 and 4 to follow due process regarding the aforementioned lands vidLa‘-vi^ the petitioners As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ NAGAMMA assistant registrar SECTION OFFICER possession. No order as to costs. //TRUE COPY// To, 1- The Principal Secretary, Revenue Department Pradesh^ Secretariat Buildings. Velagapudi, Amaravathi, District, Andhra Pradesh. State of Andhra Guntur 2. The District Collector, i 3. The Revenue Divisional A.P. Kadapa, YSR Kadapa District Jammalamadugu, YSR Kadapa District Andhra Pradesh. officer 4. The Mandal Revenue Officer, 5. One CC to Sri V. Nitesh 6. Two CCs to GP for 7. Two CD Copies, ssb Proddatur, Y.S. R. Kadapa Dt. A.P. Advocate [OPUCj Revenue, High Court of Andhra Pradesh [OUT] high court DATED:21/07/2025 ORDER WP No.18189 OF 2025 disposing of the W P at THP QXA^.r ^ admission without cos^s