Extracted from the PDF above. The PDF is authoritative.
APHC010527392025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27098/2025 Between:
1. MALA URUKUNDU, S/O GUDUDHAIAH, AGED ABOUT 28 YEARS, R/O D.NO.1/137, S.C. COLONY, INDIRA NAGAR, PEDDA HARIVANAM VILLAGE, ADONI MANDAL KURNOOL DISTRICT.
2. THE SHO, ISVI POLICE STATION, ADONI MANDAL, KURNOOL DISTRICT
...PETITIONER(S) AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT
2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL.
...RESPONDENT(S): Counsel for the Petitioner(S):
1. A SYAM SUNDAR REDDY Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in interfering with the Petitioners peaceful possession and enjoyment of his absolute property for an extent of Ac.2-53 cents, out of which, Ac.0-36 cents is situated in Survey No.589/G1, Ac.0-23 cents is situated in Survey No.589/E2, Ac. 1-43 cents is situated in Survey No.589/G3 and Ac.0-51 cents is situated in Survey No.589/F2 of Pedda Harivanam Village, Adoni Mandal, Kurnool District and threatening the Petitioner to hand over the possession to 3rd party/politically influenceable persons,
2
is illegal, arbitrary, unjust, violation of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the 3rd Respondent not to interfere with the Petitioners peaceful possession and enjoyment of his absolute property for an extent of Ac.2-53 cents, out of which, Ac.0-36 cents is situated in Survey No.589/G1, Ac.0-23 cents is situated in Survey No.589/E2, Ac. 1-43 cents is situated in Survey No.589/G3 and Ac.0-51 cents is situated in Survey No.589/F2 of Pedda Harivanam Village, Adoni Mandal, Kurnool District and not to harass the Petitioner to deliver the possession to party/politically influenceable persons.”
2. Heard Sri A.Syam Sundar Reddy, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home.
3. Learned Assistant Government Pleader for Home would submit that the petitioners are in possession of government land, and the concerned Tahsildar intended to conduct a survey of the said land to ascertain its ownership. It is submitted that the petitioners were not cooperating with the survey, and therefore, based on a written request made by the Tahsildar and the surveyor, the police intervened.
4.
Learned counsel for the petitioners would submit that they have no objection to cooperate for the survey of the land but the interference of the police to evict them from the subject land without following due process of law is not tenable.
5. Considering the submissions made, the Writ Petition is
disposed of. However, the police are directed not to take any steps to
3
evict the petitioner from the land without following due process of law, as alleged. The respondent authorities are directed to follow due process to attend any cause. At the same time, the petitioners shall cooperate for the survey. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
_______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 ASR
4
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.27098 of 2025
Dt.26.09.2025
Asr