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2025 DAILYLAW 25394 (AP)

GADDAM YESAMMA v. THE STATE OF ANDHRA PRADESH

WP/17982/2025 · 2025-07-15

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I tt hb APHC010358862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT , THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17982 OF 2025 Between: 1. Gaddam Yesamma, W/o. Kotaiah, Sundranagar Village, Aged about 65 years Sangayakonda Panchayati, Singarayakonda Mandal Prakasam District, Andhra Pradesh (Plot No. 01.) R/o. 2. Ponugoti Ankamma,, W/o. Chinna Brahmayya Aged about 49 years R/o Mulaguntapadu Village District, Andhra Pradesh (Plot No. 02.) Singarayakonda Mandal, Prakasam 3. Ponugoti Narasamma,, W/o. Venkateswarulu, Aged about 75 years, R/o Ponugotivaripalem, Mulaguntapadu Panchayati, Singarayakonda Mandal, Prakasam District, Andhra Pradesh (Plot No. 03.) 4. Renumala Nagamma,, W/o. Mamdamya, Aged about 51 years, R/o Ponugotivaripalem Village Mulaguntapadu Panchayati, Singarayakonda Mandal Prakasam District, Andhra Pradesh- 523101. (Plot No. 04.) 5. Premala Ademma,, W/o. Brahmayya, Aged about 65 Kalikivaya Village, Kalikivaya Panchayati, Singarayakonda Mandal, Prakasam District, Andhra Pradesh (Plot No. 05.) 6. Periki Rajini Ponugotivaripalem years, R/o W/o. Vandanam, Village, Aged about 38 years, R/o Mulaguntapadu Panchayati, Singarayakonda Mandal, Prakasam District, Andhra Pradesh (Plot No. 06.) 7. Budagunta Jyothi,, W/o. Sudhyan, Aged about 60 years, R/o Kalikivaya Village, Kalikivaya Panchayati Singarayakonda Mandal, Prakasam District, Andhra Pradesh (Plot No. 07.) 8. Thalluri Indira,, W/o. Kotaiah, Aged about 58 years, R/o. Sundranagar Village, Sangayakonda Panchayati Prakasam District, Andhra Pradesh Singarayakonda Mandal, ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Department, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. Singarayakonda Grampanchayat, Represented by it's Panchayat Secretary Pradesh. Singarayakonda Village, Prakasam District, Andhra 3. The District Collector and District Magistrate, Prakasam District, Ongole, Andhra Pradesh. 4. The Tahsildar, Singarayakonda Mandal, Pradesh. Prakasam District, Andhra ...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 respondents, particularly Respondent Nos. 2 and 4, in interfering with and threatening to dispossess the petitioners from their house sites granted in R.S. No. 686/2D, Singarayakonda Village, under F.Dis. No. 91/2020 dated 20.12.2020, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India consequently direct the respondents to forthwith desist from interfering with the peaceful possession and enjoyment of the petitioners respective house sites. /A 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 to forthwith desist from interfering with the peaceful possession and enjoyment of the petitioners’ respective house sites; pending disposal of the Writ Petition. Counsel for the Petitioners: V R MAHESWARA RAO PALETI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: SRI M SUDHIR, SC FOR GRAM PANCHAYAT Counsel for the Respondent Nos.3 & 4: GP FOR REVENUE The Court made the following order: APHC010358862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY.THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17982/2025 Between: 1.GADDAM YESAMMA, W/0. KOTAIAH, AGED ABOUT 65 YEARS, R/0. SUNDRANAGAR VILLAGE, SANGAYAKONDA PANCHAYATI, SINGARAYAKONDA MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH (PLOT NO. 01.) 2.PONUGOTI ANKAMMA,, W/0. CHINNA BRAHMAYYA AGED ABOUT 49 YEARS, R/0 MULAGUNTAPADU VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH (PLOT NO. 02.) 3.PONUGOTI NARASAMMA,, W/0. VENKATESWARULU, ABOUT 75 YEARS, MULAGUNTAPADU PANCHAYATI, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH (PLOT NO. 03.) 4.RENUMALA NAGAMMA,, W/0. MAMDAMYA, AGED ABOUT 51 YEARS, R/O PONUGOTIVARIPALEM VILLAGE, MULAGUNTAPADU PANCHAYATI, SINGARAYAKONDA MANDAL DISTRICT, ANDHRA PRADESH- 523101. (PLOT NO. 04.) 5.PREMALA ADEMMA,, W/0. BRAHMAYYA, AGED ABOUT 65 YEARS, R/O KALIKIVAYA VILLAGE, KALIKIVAYA PANCHAYATI, SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH (PLOT NO. 05.) 6.PERIKI RAJINI,, W/0. VANDANAM, AGED ABOUT 38 YEARS, R/O VILLAGE, SINGARAYAKONDA MANDAL, PRAKASAM AGED R/O PONUGOTIVARIPALEM, PRAKASAM PONUGOTIVARIPALEM PANCHAYATI MULAGUNTAPADU 2 DISTRICT, ANDHRA PRADESH (PLOT NO. 06.) 7.BUDAGUNTA JYOTHI,, W/0. SUDHYAN, AGED ABOUT 60 YEARS. R/0 KALIKIVAYA VILLAGE, KALIKIVAYA PANCHAYATI SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH (PLOT NO. 07.) 8.THALLURI INDIRA,, W/0. KOTAIAH, AGED ABOUT 58 YEARS, R/0. SUNDRANAGAR VILLAGE, SANGAYAKONDA PANCHAYATI SINGARAYAKONDA MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, VELAGAPUDI, PRADESH. PANCHAYAT DEPARTMENT. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA 2.SINGARAYAKONDA GRAMPANCHAYAT, REPRESENTED BY IT'S SINGARAYAKONDA VILLAGE, PANCHAYAT SECRETARY, PRAKASAM DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, PRAKASAM DISTRICT, ONGOLE, ANDHRA PRADESH. 4.THE TAHSILDAR. SINGARAYAKONDA MANDAL, DISTRICT, ANDHRA PRADESH. PRAKASAM ...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 the nature of Writ of Mandamus, declaring the action of the respondents, particularly Respondent Nos. 2 and 4, in interfering with and threatening to dispossess the petitioners from their house sites granted in R.S. No. 686/2D, Singarayakonda Village, under F.Dis. No. 91/2020 dated 20.12.2020, illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India consequently direct the respondents to forthwith desist from interfering with the peaceful possession and enjoyment of the petitioners respective house sites and pass as 3 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 respondents to forthwith desist from interfering with the peaceful possession and enjoyment of the petitioners’ respective house sites; pending disposal of the Writ Petition, and pass Counsel for the Petitioner(S): 1.V R MAHESWARA RAO PALETI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17982/2025 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 more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly respondent Nos. 2 and 4, in interfering with petitioners R.S.N0.686/2D, F.Dis.No.91/2020 dated 20.12.2020, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India and consequently direct the respondents to forthwith desist from interfering with the peaceful possession and enjoyment of the petitioners’ respective house sites and pass such other order.” and threatening to dispossess the from their house sites granted in Singarayakonda Village, under 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a J direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject properties. without following due process of law. 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. 4. 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 5 settled possession and enjoyment of the subject properties, they cannot be dispossessed, without following due process of law in of the law declared by the Apex Court in 'Rame Gowda (dead) . Therefore, if the of the subject properties, the directed not to interfere with the petitioners’ are in view by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. petitioners are in possession respondents are peaceful possession and enjoyment of the subject properties, except 7- 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. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/ K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, Panchayat Department, Secretariat, 1. The Principal Secretary Velagapudi, Amaravati, Guntur District, Andhra Pradesh. Secretary, Singarayakonda Village, Prakasam District, Andhra Pradesh. 3. The District Collector and District Magistrate, Prakasam District, Ongole, Andhra Pradesh. 4. The Tahsildar, Singarayakonda Mandal, Prakasam District, Andhra Pradesh. Grampanchayat 2. Panchayat Singarayakonda 5. One CC to Sri. V R Maheswara Rao Paleti Advocate [OPUC] 6. Two CCs to GP For Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] 7. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]. 8. One CC to Sri M Sudhir, SC for Gram Panchayat [OPUC]. 9. Two CD Copies. AL 'll t HIGH COURT DATED: 16/07/2025 ORDER WP NO. 17982 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS