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2025 DAILYLAW 45444 (AP)

Chenna Reddy Venkateswara Reddy, v. THE STATE OF ANDHRA PRADESH

WP/9796/2025 · 2025-04-20

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

r \ IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVA (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9796 OF 2025 Between: Chenna Reddy Venkateswara Reddy, S/o. Obul Reddy Aged about 48 years Occ Agriculture, R/o. Nallguntia Village, Komarolu Mandal Prakasam District ...Petitioner AND 1. The State of Andhra Pradest?li®ep., by its Principal Secretary Revenue Department, Secretariat ,^i(dipgs, Velagapudi, Aitiaravathi, Guntur District. 2. The District Collector, Y.S.R District, Kadapa.2. 3. The Revenue Divisional .Officer, Badvei Revenue Division, Y.S.R District. 4. The Tahsildar, Kalasapadu Mandal, Y.S.R District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated-illithe 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 No.2 to 4 in attempting to dispossess the petitioner from the land in an extent of Ac.2.88 cents in Sy.No.2665 of Sankavaram Village fields, Kalasapadu Mandal, Y;S.R District, without adhering to due •'s' , proGess of law and that too without issuing any notice, as arbitrary, illegal and contrary to the well established legal principles apart from being violative orthe fundamental and the Constitutional rights guaranteed under Articles, 14,19, 21, ant'sOG^-A of the Constitution to me of India and consequently direct the respondeifts No.2 to 4 not to dispossess me from the land in an extent of AC.2.S8>cents in Sy.No.2665 of Sankavaram Village fields, Kalasapadu Mandat, Y.S.R District lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed 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 No.2 to 4 not to interfere with the petitioners rights over the land in an extent of Ac.2.88 cents in Sy.No.2665 of SankaVararti Village fields, Kalasapadu Y.S.R District, without adhering to'due process of law, pending disposal of the above Writ Petition ■ Mandal, Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following; Order APHC010185722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0^:5 MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9796/2025 Between: Chenna Reddy Venkateswara Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VR REDDY KOWURl Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9796/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos. 2 to 4 in attempting to dispossess the petitioner from the land In an extent of Ac. 2.88 cents in Sy. No. 2665 of Sankavaram village fields, Kalasapadu Mandal, YSR District without adhering to due process of law and that too without issuing any notice as illegal and arbitrary and consequently direct the respondents 2 to 4 not to dispossess the petitioner from the subject land and pass such other order. ” 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled possession and enjoyment of the subject property, he cannot be 3 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 petitioner is in possession of the subject property, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, except by due process of law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ■2004(1) see 769 Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR ^EC-^Tc //TRUE COPY// OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Aitiaravathi, Guntur District. 2. The District Collector, Y.S.R District, Kadapa.2. 3. The Revenue Divisional Officer, Badvel Revenue Division, YSR District. 4. The Tahsildar, Kalasapadu Mandal, Y.S.R District. 5. One CC to SRI V R REDDY KOWURI Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies v-i’ • . ^ -'v' gsg •, i ; \ s HIGH COURT DATED; 21/04/2025 \ \ \ ORDER WP.No.9796 of 2025 i DISPOSING OF THE WP WITHOUT COSTS