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2025 DAILYLAW 25578 (AP)

CHERUKUPALLI RAMANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/23096/2025 · 2025-09-01

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010361892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23096/2025 Between: 1. CHERUKUPALLI RAMANA REDDY, S/O. VENKATA SUBBA REDDY, AGED 47 YEARS, OCC- AGRICULTURE R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 2. C.V. SUBBAREDDY, S/O. VENKATA SUBBAREDDY, AGED 43 YEARS, OCC- AGRICULTURE, R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAMMANDAL, SPSR NELLORE DISTRICT. 3. MUNAGALARAMANAIAH, S/O. CHINNA SUBBAIAH, AGED 61 YEARS, OCC- AGRICULTURE, R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE (ASSIGNMENT I) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE 3. THE SUBCOLLECTOR/ REVENUE DIVISIONAL OFFICER, ATMAKUR DIVISION, ATMAKUR, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, SEETHARAMAPURAM MANDAL SPSR NELLORE DISTRICT. 5. THE VILLAGE REVENUE OFFICER, CHINA NAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 6. KAKARLA KUMARI, S/O. KAKARLA NAGAIAH, AGED 35 YEARS R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 7. TALLAPALLI NAGAMMA, W/O. TALLAPALLINAGAIAH, AGED 32 YEARS R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 8. KAKARLA RAMALAKSHMAMMA, W/O. KAKARLA SESHAIAH, AGED 40 YEARS, R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT 9. CHERUKUPALLIJAYAMMA, W/O. SUDHAKAR, AGED 42 YEARS, 2 R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 10. SODA LAKSHMAMMA, W/O. TIRUMALAIAH, AGED 36 YEARS, R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE DISTRICT. 11. SODA VENKATA SUBBAMMA, W/O. SODA CHINNAIAH, AGED 34 YEARS, R/O. CHINNANAGAMPALLE VILLAGE, SEETHARAMAPURAM MANDAL, SPSR NELLORE 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 to issue an order, writ or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the respondent authorities in attempting to dispossess the petitioners from their agricultural lands in the name pf subsequent assignments in the name of Respondents 6 to 11 in the petitioners assigned lands i.e.1 Petitioners land in R.S.No. 63/2 to an extent of i Ac.1-51 Cents situated at situated at China Nagampalle Village, Seetharamapuram Mandal, SPSR Nellore District, 2rd Petitioners lands in R.S.No. 63/1 to an extent of Ac. 2-50 Cents situated at China Nagampalle I Village, Seetharamapuram Mandal, SPSR Nellore District and 3rd Petitioners and in in R.S.No. 63/1 to an extent of Ac. 2-55 cents situated at China viagampalle Village, Seetharamapuram Mandal, SPSR Nellore District as illegal and unconstitutional, violative of Article 14, 19, 21 and 300-A of the Constitution of India and consequently declare that the Petitioners assigned lands cannot be re-assigned to the Respondents 6 to 11 without passing resumption proceedings and without following due process of law and pass IA 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 respondent authorities not to interfere with the peaceful possession and enjoyment including agricultural operations of the Petitioners agricultural lands i.e.1st Petitioner’s land in R.S.No. 63/2 to an extent of Ac. 1-51 Cents situated at situated at China Nagampalle Village, Seetharamapuram Mandal, SPSR Nellore District, 2nd petitioiners land in R.S.No. 63/1 to an extent of Ac. 2-50 Cents situated at China Nagampalle Village, Seetharamapuram Mandal, SPSR Nellore District and 3rd Petitioners lands in R.S.No. 63/1 to an extent of Ac. 2-55 cents situated at China Nagampalle Village, Seetharamapuram Mandal, SPSR Nellore District Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23096 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “… to issue Writ or order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in attempting to dispossess the petitioners from their agricultural lands in the name of subsequent assignments in the name of respondents 6 to 11 in the petitioners assigned lands i.e., 1st petitioner’s land in R.S.No.63/2 to an extent of Ac.1.51 cents, 2nd petitioner’s lands in R.S.No.63/1 to an extent of Ac.2.50 cents and 3rd petitioner’s lands in R.S.No.63/1 to an extent of Ac.2.55 cents situated at China Nagampalle village, Seetharamapuram Mandal, SPSR Nellore District as illegal and arbitrary and consequently declare that the petitioners assigned lands cannot be re-assigned to the respondents 6 to 11 without passing resumption proceedings and without following due process of law and pass such order or orders.…” 2. The learned Assistant Government Pleader for Revenue furnished the proceedings dated 30.08.2025 addressed by the Tahsildar, Seetharamapuram Mandal. In that proceedings, it is clearly stated that the claim of the petitioners was rejected as the petitioners have not filed any valid documents to prove their claim over the lands. It is further stated that if there is any grievance against the orders issued by the Tahsildar, they may file appeal before the R.D.O, Atmakur within 45 days from the date of receipt of the order. 4 3. At this juncture, the learned counsel for the petitioners requests this Court to allow the petitioners to file an appeal and to avail the alternate remedy provided under the Act. 4. Considering the facts and circumstances of the case, the writ petition is disposed of, at the admission stage, directing the petitioners herein to avail the remedy of appeal provided under the Act. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 02.09.2025 SJ 5 125 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 23096 of 2025 Date : 02.09.2025 SJ