Extracted from the PDF above. The PDF is authoritative.
APHC010713292025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36501/2025 Between:
1. SAKUNTHALAMMA,, .W/O.LATE VENKATA REDDY, AGED ABOUT 60 YEARS, OCC- CULTIVATION R/O. KENCHANABALLA VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.-517401
2. V.SREENIVASULU REDDY,, S/O.LATE VENKATA REDDY, AGED ABOUT 42 YEARS, OCC- CULTIVATION R/O. KENCHANABALLA VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.-517401
3. V. ANANDA REDDY,, S/O.LATE VENKATA REDDY, AGED ABOUT 40 YEARS, OCC- CULTIVATION R/O. KENCHANABALLA VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT-517401
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238
2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT- 517001
3. THE TAHSILDAR, RAMA KUPPAM MANDAL, CHITTOOR DISTRICT- 517401
4. THE STATION HOUSE OFFICER, RAMA KUPPAM POLICE STATION, RAMAKUPPAM, CHITTOOR DISTRICT-517401
2
5. T NARENDRA, S/O.T.NARAYANA CHETTY, AGED ABOUT 43 YEARS, OCC- CULTIVATION, R/O. KENCHANABALLA VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT-517401
...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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly the action of the 3 respondent, in interfering with the petitioners peaceful possession and enjoyment of the property admeasuring. East to west 13 feet. North to South 37 feet (481 Sq. feet) Ac. 0-03 72 cents in Sy.No.46/1 of Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District, without following the procedure, as wholly arbitrary, illegal, unjust, violative of principles of natural justice, malafide and violative Article 21 of the Constitution of India and further declaring particularly the action of the 4th respondent, in calling the petitioners to the police station, threatening to vacate from the property. East to west 13 feet. North to South 37 feet (481 Sq. feet) Ac. 0-03 Va cents in Sy.No.46/1, of Kenchanaballa Revenue Village, by illegal interference with the petitioners peaceful possession and enjoyment, as wholly arbitrary, illegal, unjust, and consequently the respondents be directed not to interfere or dispossess the petitioners from the property admeasuring East to west 13 feet. North to South 37 feet (481 Sq. feet) Ac.
0-03 Ya cents in Sy.No.46/1, of .Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District and to 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 pleased to direct the respondents not to interfere/dispossess the petitioners from the property admeasuring East to west 13 feet, North to South 37 feet (481 Sq. feet) Ac. 0-03 14 cents in Sy.No.46/1, of .Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District, pending disposal of the writ petition and to pass IA NO: 2 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 respondent No.4 not to harass the petitioners by calling
3
the petitioners to Police Station, Ramakuppam without due process of law, pending disposal of the writ petition and to pass Counsel for the Petitioner(S):
1. S V MUNI REDDY Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE The Court made the following:
4
THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.36501 OF 2025
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly the action of the 3rd respondent, in interfering with the petitioners’ peaceful possession and enjoyment of the property admeasuring, East to west 13 feet, North to South 37 feet (481 Sq. feet) Ac. 0-03 ½ cents in Sy.No.46/1 of Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District, without following the procedure, as wholly arbitrary, illegal, unjust, violative of principles of natural justice, malafide and violative Article 21 of the Constitution of India and further declaring particularly the action of the 4th respondent, in calling the petitioners to the police station, threatening to vacate from the property, East to west 13 feet, North to South 37 feet (481 Sq. feet) Ac. 0-03 ½ cents in Sy.No.46/1, of Kenchanaballa Revenue Village, by illegal interference with the petitioners’ peaceful possession and enjoyment, as wholly arbitrary, illegal, unjust, and consequently the respondents be directed not to interfere or dispossess the petitioners from the property admeasuring East to west 13 feet, North to South 37 feet (481 Sq. feet) Ac. 0-03 ½ cents in Sy.No.46/1, of Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District and to pass such other
order or orders…”
2. The short grievance of the petitioners is that petitioners are the absolute owners of the property admeasuring East to west 13 feet and North to South 37 feet (481 Sq.feet) Ac.0-03 ½ cents in Sy.No.46/1, of Kenchanaballa Revenue Village, Ramakuppam Mandal, Chittoor District. The 5th respondent
5
had earlier filed a civil suit in respect of the said property, which came to be dismissed. Subsequent thereto, the 5th respondent approached respondent Nos.3 and 4. As the said property is private property, the respondent authorities have no right to interfere. However, the 3rd respondent is now interfering with the petitioners’ peaceful possession and enjoyment of the subject property. Aggrieved by the said action, present writ petition has been filed.
3. Heard Sri S.V.Muni Reddy, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3.
4. Learned Assistant Government Pleader appearing on behalf of respondent Nos.1 to 3, on instructions, submits that respondents are not interfering with the petitioners’ possession over the subject property.
5.
Learned counsel for petitioners, however, specifically contends that the 4th respondent is attempting to interfere with the petitioners’ property.
6. As this Court is not inclined to go into merits of the case, notice to respondent No.5 is dispensed with.
7. In view of the said submissions, and without expressing any opinion on merits of the matter, the present Writ Petition is disposed of directing respondent Nos.1 to 4 not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property. If the petitioners have any grievance with the respondent No.5, petitioners are at liberty to approach
6
competent civil Court for appropriate relief. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
____________________ JUSTICE D.RAMESH
Date: 31.12.2025
KBN
7
45 THE HON’BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.36501 of 2025
Date: 31.12.2025
KBN