CHINNAPUREDDY PEDDI REDDY v. THE CHINNAKOTHAPALLI GRAMPANCHAYAT
WP/1808/2025 · 2025-01-27
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4519 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4519 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1808 OF 2025 Between:
1. Chinnapureddy Peddi Reddy, S/o Rami Reddy, Aged about 44 yrs, R/o H.No.1-54, Chinna Kothapalli village, Prakasam District
2. Chinthamreddy Veeranjaneya Reddy, S/o Anji Reddy, Aged about 45 yrs, R/o H.N0.1-49C, Chinna Kothapalli village, Prakasam District
3. Vennapusa Anki Reddy, S/o Anji Reddy, Aged about 43yrs, R/o H.No.1- 32, Chinna Kothapalli village, Prakasam District
4. Vennapusa Brahma Reddy, S/o Pedda Anki Reddy, Aged about 36yrs, R/o H.N0.1-32A, Chinna Kothapalli village, Prakasam District
5. Gangireddy Venkata Reddy, S/o Pichi Reddy, Aged about 42yrs H.No.1-82, Chinna Kothapalli village, Prakasam District
6. Gujjala Venkata Koti Reddy, S/o Chinna Rami Reddy, Aged about eOyrs, R/o H.N0.1-74B, Chinna Kothapalli village, Prakasam District
7. Kondireddy Anji Reddy, S/o Koti Reddy Aged about 74yrs R/o H.No.1- 56, Chinna Kothapalli village Prakasam District
8. Matia Peddi Reddy, S/o Koti Reddy, Aged about 74yrs, R/o H.No. 1-70, Chinna Kothapalli village Prakasam District
9. Matia Venkateswara Reddy. S/o Pitch! Reddy. Aged about 41 yrs, R/o H.No.1-52, Chinna Kothapalli village Prakasam District
10. Chennalareddy Subba Reddy, S/o Bypu Reddy, Aged about 75yrs, R/o H.No.1-46a, Chinna Kothapalli village Prakasam District
11. Sagili Anjamma, W/o Koti Reddy, Aged about 49yrs, R/o H.No.1-46, Chinna Kothapalli village Prakasam District R/o
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12. Chinthamreddy Venkateswara Reddy, S/o Anji Reddy, Aged 43yrs, R/o H.N0.1-51A, Chinna Kothapalli village, Prakasam District
13. Gujjala Venkata Koti Reddy, S/o Yalamada Reddy, Aged about 74yrs, R/o H.No.1-119, Chinna Kothapalli village, Prakasam District about ...PETITIONERS AND
1. The Chinnakothapalli Grampanchayat, Chinnakothapalli village, Addanki Mandal, Bapatia District Rept. By its Panchayat Secretary
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayatraj Department, Secretariat, Velagapudi, Amaravathi, Guntur 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 to declare the action of the respondent No.1 in trying to dispossess the petitioners from their the petitioners from the extent of the land respective houses and evict in which the petitioners are in possession situated in Sy.No.204 of Chinnakothapalli village, Addanki Mandal, Bapatia District without following due process of law and without Articles issuing any notice opportunity as arbitrary, illegal and violation of 14, 19, 21 or and 300-A of the Constitution of India and consequently direct the respondent No.1 not to dispossess the petitioners from the respective houses of the petitioners situated i Sy.No.204 of Chinnakothapalli village in Addanki Mandal, Bapatia District without following due interest of justice. process of law in the lA NO: 1 OF 209fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondent No.1 not to dispossess the petitioners from
f the respective houses of Chinnakothapalli village, Addanki Mandal the petitioners situated in Sy.No.204 of Bapatia District without following due process of law pending disposal of the writ petition in the interest of justice.
Counsel for the Petitioners: SRI P. NAGENDRA Counsel for the Respondent No.1:SRI M. SUDHIR, GRAM PANCHAYAT Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ & DEVELOPMENT REDDY SC FOR ZPP, MPP & RURAL The Court made the following: ORDER
w APHC010033312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] Ef:S MONDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1808/2025 Between: Chinnapureddy Peddi Reddy and Others AND The Chinnakothapalli Grampanchayat and Others ...RESPONDENT(S) Counsel for the Petltioner(S):
1.P NAGENDRA REDDY Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV ...PETITIONER(S)
2. 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-
“...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in trying to dispossess the petitioners from their respective houses and evict the petitioners from the extent of the land in which the petitioners are in possession situated in Sy.No.204 of Chinnakothapalli village, Addanki mandal, Bapatia District without following due process of law and without issuing any notice opportunity as arbitrary, illegal and violation of Articles 14, 19, 21 or and 300-A of the Constitution of India and consequently direct the respondent No.1 not to dispossess the petitioners from the respective houses of the petitioners situated in Sy.No.204 of mandal, Bapatia District without following due process of law in the interest of justice...” Chinnakothapalli village, Addanki The grievance of the petitioners is that the 1®* respondent
2. demanded the petitioners to vacate from their houses on the ground that in the Revenue records Sy.No.204 is classified as Grama Kantam and the petitioners constructed houses in the Grama Kantam land. The petitioners explained to the 1®' respondent that all the houses in the village were constructed in the Grama Kantam land, as the village itself formed in Grama Kantam land. Mere classification of the land in the Revenue records as Grama Kantam land, cannot mean that the entire land belong to the Grama Kantam. The 1^' respondent cannot clairh^ th“at the subject land belongs to the Gram Panchayat.
The
j 3 Government also issued G.O,Ms.No.361, dated 29,09.2015 directing the Registration authorities not Panchayat, at the time of sale of the to insist NOC from the Gram houses. Till date, the 1®' respondent did not issue any notice claiming that the land, in which the petitioners are in possession, belongs to the 1"' respondent. The 1"' respondent orally pressurizing the petitioners to land. Aggrieved by the said action of the petition is filed. vacate from said the respondents, the present writ
3. Heard learned counsel for the petitioners and learned for the respondents. counsel
4.
Learned counsel for the respondents requested time to obtain instructions. This Court rejected the said request.
5. Without going into merits of the case, the 1^' respondent-Gram Panchayat is directed to issue notice to the petitioners, by calling for an explanation. On receiving such notice from the Gram Panchayat the petitioners are directed to offer explanation to the said notice, addressing all their grievances. After filing explanation by the petitioners, the Gram Panchayat is directed to examine the same and pass appropriate orders, in accordance with law, by addressing all the
contentions raised by the petitioners and communicate the said
4 decision to the petitioners. Till such time, respondents are directed not to take any coercive steps against the subject property. With the above directions, the Writ Petition is disposed of. There
6. shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed.
SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// /FT ^ SECTION OFFICER To
1. The Panchayat Secretary, Chinnakothapalli Grampanchayat, Chinnakothapalli village, Addanki mandal, Bapatia District Rept. The Principal Secretary, Panchayatraj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. One CC to Sri P. Nagendra Reddy, Advocate [OPUC] One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat [OPUC] Two CC’s to GP for Panchayat Raj & Rural Development, High Court of A.P. at Amaravati[OUT] Three CD Copies.
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f HIGH COURT DATED:27/01/2025 X 2 9 .IAN 2025 ^ Current Section
ORDER WP.No.1808 of 2025 m DISPOSING OF THE W.P. WITHOUT COSTS