APHC010427602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■Jyr WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22007 OF 2025 Between; 1. Peddinauni Eswaramma. W/o Late Venkatramana, Aged 60 Yrs, R/o D.No. 3-127, Kappalavari Street, N.G.Palli, Madanapally Town and Mandal Annamayya District, Andhra Pradesh. Peddinayanigaru Ram Prasad S/o Late P Venkatarama Aged 35 Yrs, R/o D.No 3-127, Kappala Vari veedi, N G Palli Madanapally Town and Mandal Annamayya District, Andhra Pradesh. Yarava Rajeshwari, W/o Yarava Gopal Aged 42 years R/o D.No 1-1135-G1, Adapala Street, Kadri, Ananthapuram, Andhra Pradesh. 2. na 3. o o ** And 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue, Secretariat, Veiagapudi, Amaravati, Andhra Pradesh. The district Collector, Annamaiah District, Rayachoti, Andhra Pradesh. The Revenue Divisional Officer, Madanapalle, Andhra Pradesh. The Tahsildar, Thambalapalle Mandal, Annamaiah District, Andhra Pradesh. The Station House Officer, II Town Police Station, Madanapalle, Annamaiah District, Andhra Pradesh. 2. 3. 4, 5 r Nagadasa Krupakar, S/o N. Gopi, Aged 45 Yrs, Yarranguntla village, YSR Kadapa District, Andhra Pradesh. Chintaparthi Apoorva Kumar Reddy S/o C. Rami Reddy Aged 70 Yrs, R/o Railway Quarters, CTM, Madanapalli Mandal, Annamayya District. Nandyala Venkateswara prasad S/o N. Narayanaswami Naidu, Major, R/o D.No. 3-161-21-2, SBl Colony, Madanapalli Town, Annamayya District. Nandyala Dwarakanath Naidu S/o N. Narayanaswami Naidu, Aged 54, R/o D.No 2-245-8-B6, Kurpvanka, Madanapalli Town, Annamayya District. 10. Kuppam Vidhyadhar Reddy S/o K.Ramachandra Reddy, Aged 35, R/o D.No 2-19, saikrevupalli, vayalapadu Town, Annamayya District. 11. Ashok naidu S/o Shantha kumari. Major, R/o Ramaroy Colony Bapuji School 3-169-13-164-7-6 Madanapalle Mandal, Annamayya District. 12. Shankar Reddy S/o Bayaareddy, Major R/o Railway Quarters, CTM, Madanapalli Mandal, Annamayya District. 13. Thamala Krishnappa Naidu S/o Reddiappa Naidu, Major, R/o H.No. 2-250-E-4-3 Reddy’s colony, Madanapalli Mandal, Annamayya Dsitrict. 517325. 14. Kotakonda Vijaya Bhaskar Naidu S/o Krishnama Naidu, major, R/o H.No. 3-148-141-3, bandamedhakamma palli, Madanapalli, amacharuvumeta, Annamayya District, 517325. 15. Sunkesulla Sankar Reddy S/o Sunkesulla Shivaramreddy, Major, R/o Ysr colony H.No 39/65/A, Rayachoti, YSR Kadapa district. 16. Aluganti Sidda Reddy S/o Chowdi Reddy, Aged 75, Yrs, ^ R/o Eye Hospital, Opp to RTC Bustand, RRN Colony, Madanapalli, Annamayya District - 517325 17. Aluganti Venkataramana Reddy S/o Chowdi Reddy, Aged 65, Yrs, R/o Eye Hospital, Qpp to RTC Bustand, RRN Colony, Madanapalli, Annamayya District - 517325 18, Aluganti Krishna Reddy S/o Chowdi Reddy, Aged 73, Yrs, R/o Eye Hospital, Qpp to RTC Bustand, RRN Colony, Madanapalli, Annamayya District - 517325 6. 7. 8. 9. t- 19. Pullareddy gari Shankar Narayana Reddy S/o Narayana Reddy Aged 72, R/o New By-Pass, Saibaba Temple, Opp H.P P-etrol bunk. Madanapalli, Annamayya District. 20. Sudheer S/o Sharath babu. Aged 40 Yrs, R/o Yaraguntala, Kamalapuram, Kadapa District. 21. Aramada Bharathamma D/o Bayya Reddy, Aged 60 Yrs, Occ: Cultivation R/o H.No 10/85, West Katava Vanka, Madanapalle, Annamayya District. 22. Kakularam Krishna Reddy S/o Kakularam Reddy, Aged 60 Yrs, R/o Club room Banglore Road, Madanapalli Town, Annamayya District. 23. D.Venkataswami S/o D.Ramachandra, Aged 57, R/o D.No.3-85-2, Sairam street, Neerugattuvaripalli, Madanapalli Town, Annamayya District. 24. D.Venkataramana S/o D.Ramachandra, Aged 76, R/o D.No.3-237, Sairam street, Neerugattuvaripalli, Madanapalli Town, Annamayya District. 25. Bandaru Kalavathi D/o B.Ramesh, Aged 47 Yrs, R/o Yeddulavarikota village, Thamballapalli Mandal, Annamayya District. 26. Bandaru Bharathi D/o B.Ramanjulu, Aged 45 Yrs, Yeddulavarikota village, Thamballapalli Mandal, Annamayya District. 27. Bandaru Gangi Reddy S/o B.Chinnappa, Aged 50 Yrs, R/o Yeddulavarikota village, Thamballapalli Mandal, Annamayya District. 28. Yeddula Yerrappa S/o YVenkataramanappa, Aged 65 Yrs, R/o Yeddulavarikota village, Thamballapalli Mandal, Annamayya District. 29. Yeddula Settappa S/o YRamaiah, Aged 55 Yrs, R/o Yeddulavarikota village Thamballapalli Mandal, Annamayya District. 30. Reddivari Subba Reddy S/o R.Uttama Reddy, Aged 39 Yrs, R/o D.NO.2-250-E-4-6-6, Kuravanka, Madanapalli Town, Annamayya District. 31. M.Sugunamma D/o M.Madanmohan, Major, Reddy Edigipalli Post and Village, Punganur Mandal, Chittoor District. 32. Imam Khasim II Town police station Madanapalle, Annamaiah District, Andhra Pradesh. .... ' 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 of Mandamus or any other appropriate Writ, Order or direction to declare the inaction of Respondents No. 1 to 5 in protecting the Petitioners lawful possession of land Adm Ac. 2.78 cents in Survey No. 521-1 and Adm. Ac 4.10 Cents in Survey No. 521-2, situated at 3rd ward, near Sericulture Complex Area, Bandameedha Kamrnapalle Village, Madanapalle Town, Chittoor District ( Now Annamayya District), Andhra Pradesh, as illegal, arbitrary, violative of Principles of Natural Justice and Articles 19, 21 and 300 - A of the constitution of India and consequently, direct the Respondent No 1 to 5 to not to dispossess and disturb the peaceful possession and enjoyment of the petitioners in respect of the subject lands. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No 1 to 5 to not to dispossess the petitioner from the peaceful possession and enjoyment of the petitioner in respect to the subject land to an extent of (i) Adm: Ac. 2.78 cents in Survey No. 521-1 (ii) in Survey No. 521-2, situated at 3rd ward, near Adm; Ac 4.10 Cents Sericulture Complex Area, Bandameedha Kamm^p^le Village, Madanapalle Town, Chittoor District (Now Annamayya District), Andhra Pradesh. Counsel for the Petitioners: SRI THALLURI NEETU KUMAR Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME Counsel for the Respondent Nos.6 to 32 ; NONE APPEARED The Court made the following order: /«C APHC010427602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22007/2025 Between: 1.PEDD1NAUNI ESWARAMMA, W/0 LATE VENKATRAMANA, AGED 60 YRS, R/0 D.NO. 3-127, KAPPALAVARI STREET, N.G.PALLI, MADANAPALLY TOWN AND MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH. 2.PEDDINAYANiGARU RAM PRASAD, S/0 LATE P VENKATARAMANA AGED 35 YRS, R/0 D.NO 3-127, KAPPALA VARI VEEDI, N G PALLI MADANAPALLY TOWN AND MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH. 3.. YARAVA RAJESHWARI,, W/0 YARAVA GOPAL AGED 42 YEARS R/0 D.NO 1-1135-G1, ADAPALA STREET, KADRI, ANANTHAPURAM,ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, ANNAMAIAH DISTRICT, RAYACHOTI, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, ANDHRA PRADESH. 4.THE TAHSILDAR, THAMBALAPALLE MANDAL, ANNAMAIAH DISTRICT, ANDHRA PRADESH. 5.THE STATION HOUSE OFFICER, II TOWN POLICE STATION, MADANAPALLE, ANNAMAIAH DISTRICT, ANDHRA PRADESH. 6.NAGADASA KRUPAKAR, S/0 N. GOPI, AGED 45 YRS, YARRANGUNTIA VILLAGE, YSR KADAPA DISTRICT’ ANDHRA PRADESH. ...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 of Mandamus or any other appropriate Writ, Order or direction to declare the inaction of Respondents No. 1 to 5 in protecting the Petitioners lawful possession of land Adm Ac. 2.78 cents in Survey No. 521-1 and Adm. Ac 4.10 Cents in Survey No. 521-2, situated at 3rd ward, near Sericulture 2 Complex Area, Bandameedha Kamrnapalle Village, Madanapalle Town, Chittoor District ( Now Annamayya District), Andhra Pradesh, as illegal, arbitrary, violative of Principles of Natural Justice and Articles 19, 21 and consequently, direct the Respondent No 1 to 5 to not to dispossess and disturb the peaceful possession and enjoyment of the petitioners in respect of the subject lands, and pass lA NO: 1 OF 2025 Petition under Section 151 CPC 300 - A of the constitution of India and 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 No 1 to 5 to not to dispossess the petitioner from the peaceful possession and enjoyment of the petitioner in respect to the subject land to an extent of (i) Adm: Ac. 2.78 cents in Survey No. 521-1 (ii) Adm: Ac 4.10 Cents in Survey No. 521-2, situated at 3rd ward, near Sericulture Complex Area, Chittoor District (Now Annamayya District), Andhra Pradesh, and pass Counsel for the Petitioner(S): 1.THALLURI NEETU KUMAR Bandameedha Kamrnapalle Village, Madanapalle Town, Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22007 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ of Mandamus or any other appropriate Writ, Order or direction to declare the inaction of Respondents No.1 to 5 in protecting the Petitioners’ lawful possession of land Adm;Ac.2.78 cents in Survey No.521-1 and Adm;Ac.4.10 Cents in Survey No.521-2, situated at 3'^ ward, near Sericulture Complex Area, Bandameedha Kamrnapalle Village, Madanapalle Town, Chittoor District (Now Annamayya District), Andhra Pradesh, as illegal, arbitrary, violative of Principles of Natural Justice and Articles 19, 21 and 300-A of the constitution of India and consequently, direct the Respondent Nos.1 to 5 to not to dispossess and disturb the peaceful possession and enjoyment of the petitioners in respect of the subject lands, and pass such other order or orders...” It is the pleading of the petitioners that a person in settled possession of immoveable property is entitled to continue in such without being dispossessed save and except in 2. possession accordance with law. In Rame Gowda v. M.Varadappa Naidu,^ a three-Judge Bench of the Hon’ble Apex Court, while discussing the Indian law on the subject, observed as under: 3. “..It is thus clear that so far as the Indian law is concerned, the person in peaceful possession is entitled to retain his possession and in order to protect such possession he may even use reasonable force to keep out (2004)1 see 769 4 m a trespasser. A rightful owner who has been wrongfully dispossessed of land may retake possession if he can do peacefully and without the use of unreasonable force. If the trespasser is in settled possession of the property belonging to the rightful owner, the rightful owner shall have to take recourse to law.” In the case of Ram Ratan and others Vs. State of Uttar Pradesh^, question cropped up before Hon’ble Supreme Court, with regard to right of private defence of trespasser against true owner. Their Lordships held that true owner has no right to dispossess the trespasser by use of force, in case trespasser was in possession in full knowledge of the true owner. Observation made by Hon'ble the Supreme Court is reproduced as under;- so 4. I “In State of W.B. and others Vs Vishnunarayan and Associates (P) Ltd. and another, reported in (2002) 4 SCO 134, held that State and its executive officers cannot interfere with the rights of others except where their actions are authorized by specific provisions of law.” H.B.Yogalaya Vs. State of U.P. and others^, the Hon’ble Apex Court held that without any show cause notice or hearing, neither demolition can take place nor a person may be dispossessed from the property, relevant portion is extracted hereunder. 5. In 'Otherwise also principles of natural justice demand that a show- notice and hearing be given before demolishing or cause dispossessing a person from the properties of which he is in possession. Counsel appearing for the respondents did not contest this proposition. 2 {1977) 1 see 188 2 (2004) 13 see 518 5 "It is well settled that the law requires that the true owner should dispossess the trespasser by taking recourse to the remedies under, the law." In the celebrated case of Maneka Gandhi vs. Union of India"^, 6. the Hon'ble Supreme Court upheld the phrase no one shall be deprived of one’s life and liberty except procedure established by law as employed in Article 21 of the Constitution of India. The principles of natural justice demands that the persons who are affected should be heard. Therefore, this Court is of the opinion that the petitioners should 7. not be dispossessed except in accordance with the law, as held in Rame Gowda’s case (supra-1). Accordingly, the Writ Petition is disposed of, directing the 8. respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property, except by following due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. AIR 1978 SC 25 Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFBiCER To, 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, Annamaiah District, Rayachoti, Andhra Pradesh. Divisional Officer, Madanapalle, Andhra Pradesh. 3. The Revenue 4. The Tahsildar, Thambalapalle Mandal, Annamaiah District, Andhra Pradesh. Madanapalle, House Officer, 11 Town Police Station, 5. The Station Annamaiah District, Andhra Pradesh. Sri Thalluri Neetu Kumar, Advocate [OPUC] GP for Home, High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh [OUT] 6. OneCCto 7. Two CCs to 8. Two CCs to GP for Revenue 9. Two CD Copies Cnr HIGH COURT DATED;20/08/2025 ORDER WP NO. 22007 OF 2025 ^ 10 SEP 2025 rrentSectiOtt^ DISPOSING OF THE W.P. WITHOUT COSTS