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2025 DAILYLAW 44633 (AP)

TELUGU RAMAPPADU v. THE STATE OF ANDHRA PRADESH

WP/11317/2025 · 2025-04-29

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11317 OF 2025 Between: 1. Telugu Ramappadu, S/o Late Bodayya, Aged. 60 years, Occ. R/o Teppalavalasa Village Cultivation, Ranasthalam Mandal, Srikakulam District. 2. Telugu Apparao, S/o Late Bodayya, Aged. 55 years, Occ. Cultivation R/o Teppalavalasa Village, Ranasthalam Mandal, Srikakulam District. 3. Telugu Suryanarayana, S/o Late Bodayya, Aged. 51 years, Occ. R/o Teppalavalasa Village Cultivation Srikakulam District. Ranasthalam Mandal, 4. Telugu Bhadrayya, S/o Late Bodayya, Aged. 48 years, Occ. Cultivation, R/o Teppaiavaiasa Viiiage, Ranasthaiam Mandai, Srikakuiam District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. Tahsildar, Ranasthalam Mandal, Srikakulam District. 5. Mandal Surveyor, O/o Tahsildar, Ranasthalam Mandal, Srikakulam District ...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 in interfering with the petitioners' agricultural lands admeasuring Ac.0.23 cents in Survey No.111-8p/0 belonged to 1 Survey No.111-8p/G belonged to the 2"*^ petitioner, Ac.0.22 cents in Survey No.111-8p/U belonged to the 3^^^ petitioner, Ac.0.22 cents in Survey No.111-8p/K belonged to the 4*^ Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District and further trying to dispossess the petitioners from their said lands, without following any known procedure established by law, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to interfere with petitioners' peaceful possession and enjoyment of their said lands. petitioner, Ac.0.22 cents in petitioner, situated in lA NO: 1 OF 2025 Petition under Section 151 of 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 not to dispossess the petitioners from their agricultural land admeasuring Ac.0.23 cents in Survey No.111-8p/0 belonged to 1 petitioner, Ac.0.22 cents in Survey No.111-8p/G belonged petitioner, Ac.0.22 cents in Survey No.111-8p/U belonged to the to the 2nd % petitioner, Ac.0.22 cents in Survey No.111-8p/K belonged to the 4 petitioner, situated in Teppalavalasa Village of Ranasthalam Mandal in Srikakulam District, pending disposal of the main writ petition. th Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010227582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11317/2025 Between; ...PETITIONER{S) Telugu Ramappadu and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.N0.11317 OF 2025 Ik JUSTICE VENKATESWARLU NIMKIAGADDA WRIT PETITI*^'^ 11317/2025 THE HONOURABLE SRI ORDER: is filed under Article 226 of the Constitution of The present writ petition is India seeking following relief; ■ ot issue a writ, order or direction more particulariy one nf WRIT OF MANDAMUS declaring the action of the illegal, arbitrary, dispossess the petitioners from any known procedure established by aw, ^ 14 21 Tc— oLeduentiy direct^ interfere with petitioners peaceful possession lands and pass...”(in verbatim) and respondents not to and enjoyment of their said and learned Government 2. Heard learned counsel for the petitioners Pleader for Revenue for the respondents, learned counsel for the petitioners without touching the direction to the respondents his respective property without During hearing merits of the case, requested this Court to issue a dispossess/ evict the petitioners from 3. not to following due process of law. for the respondents furnished the written respondent, wherein it is 4. Learned Government Pleader 29.04.2025 issued by the 4' instructions dated stated as follows; 3 NfrT’ W.P.N0.11317 OF 2025 “Though the respondents did not enter into the questioned lands and did not interfere with the possession of the Petitioners; the Petitioners herein, having apprehension that the assigned lands being non-occupied by them would be resumed to the Government by the respondents, raising several contentions with unclean hands by suppressing the material facts, which deserves no consideration. 11) It is respectfully submitted that the relief sought for by the Petitioners deserves no consideration and the Writ Petitions are liable to be dismissed on devoid of merits at the admission stage..” When the petitioners are in settled possession and enjoyment of the property, the petitioners cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioners from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. an 4. 5. Consequently, miscellaneous petitions pending, if any, shall also stand closed. T 2004(1) see 769 J Sdl- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPYII SEGTION OFFICER To, 1. Principal Secretary, The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Srikakulam Division, Srikakulam District. 4. Tahsildar, Ranasthalam Mandal, Srikakulam District. 5. Mandal Surveyor, O/o Tahsildar, Ranasthalam Mandal, Srikakulam District 6. One CC to Sri Srinivas Ambati, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies sree 4>' HIGH COURT DATED:30/04/2025 ORDER WP.No.11317 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS