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2025 DAILYLAW 48657 (AP)

GOLLA PEDA MUNEPPA v. THE STATE OF ANDHRA PRADESH

WP/11539/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AM (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11539 OF 2025 Between: 1. Goila Peda Muneppa, S/o. Late Thimmaiah. Aged about 57 Agriculture, R/o. Gonegandia Village and Mandal, Kurnool District. 2. Goila Peda Nagaraju, S/o. Late Thimmaiah, Aged about 57 Agriculture, R/o. Gonegandia Village and Mandal, Kurnool 3. Goila China Muniswamy @ Chinna Muni, S/o. about 57 years, Occ-Agriculture, R/o. Gonegandia Village Kurnool District. 4. Goila Somulamma, W/o. Late Narayana, Aged about 43 Agriculture, R/o. Gonegandia Village and Mandal, Kurnool District. years, Occ- years, Occ- District. Late Thimmaiah, Aged and Mandal, years, Occ- ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings. Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Tahsildar, Gonegandia Mandal, Kurnool District 4. The Station House Officer, Gonegandia Police Station Mandal, Kurnool District. 5. Goila Nalla Reddy, S/o. Late G. China Narasimhulu, Aged 59 years, Occ- Agriculture, R/o. Gonegandia Village And Mandal, Kurnool Gonegandia District. 6. Golla China Nagaraju @ Raju, S/o. Late G. China Narasimhulu, Aged 49 years, Occ-Agriculture, R/o. Gonegandia Village and Mandal, Kurnool District. 7. Golla China Muniswamy, S/o. Late G. China Narasimhulu, Aged 39 years, Occ-Agriculture, R/o. Gonegandia Village And Mandal, Kurnool District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order more particularly in the nature of Writ of Mandamus declaring action of the respondents No. 2 to 7 in interfering with the possession of the petitioners in the lands one admeasuring Ac. 3.00 cents in Sy.No. 224 of Gonegandia Village and Mandal, Kurnool District as illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of the India and consequently direct the respondents No. 2 to 7 not to interfere with the lands of the petitioners admeasuring Ac. 3.00 cents in Sy.No. 224 of Gonegandia Village and Mandal, Kurnool District, without following due process of law. lA NO: 1 OF 202fi 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 7 not to interfere with the lands of the petitioners admeasuring Ac. 3.00 cents in Sy.No. 224 of Gonegandia Village and Mandal, Kurnool District, without following due process of law. Counsel for the Petitioner Counsel for the Respondents 1 to 4: GP FOR REVENUE Counsel for the Respondents 1 to 4: GP FOR HOME The Court made the following; : SRI. G R SUDHAKAR APHC010229252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3329] 0#S r«.- MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE VENKATESWARLU NIWIKIAGADDA WRIT PETITION NO: 11539/2025 THE Between; Golla Peda Muneppa and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1.GRSUDHAKAR Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following; The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; ■... ot issue a writ or order more particularly ona in the nature of Writ nf Mandamus declaring action of the respondents No. 2 ^terfering with the possession of the petitioners in the lands Ac 3 00 cents in Sy No.224 of Gonegandia Village and Vandal Sega/, of Article H 21 andSOO-^ of^e Constitution 3 the India and consequently direct the respondents ^0.2 to 7 not to interfere with the lands of the Petitioners od^eas^^ cents in Sy.No.224 of Gonegandia Village and Mandal, Kurnool Distr without following due process of law and to pass... 2 ' ff 2. Heard learned counsel for the Pleader for Revenue for the respondents. 3. During hearing, learned counsel for the petitioners and learned Government petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess/ evict the petitioner from his respective property without following due process of law. 4. Learned Assistant Government Pleader for Revenue furnished the written instructions dated 01.05.2025, wherein it is stated as follows: “It is respectfully submitted that the primarily filed against alleged interference present writ petition is on 22.01.2025, which appears to be admmistrative follow-up by revenue staff based on further representations. However, no fresh orders or eviction have been taken without due process. measures I submit that no coercive steps were taken by this respondent to dispossess the petitioners or interfere with their lawful possession, if any. All actions were initiated strictly in accordance with law and based on administrative necessity. ’’ 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners is in settled possession and enjoyment of the subject property, he 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 2004(1) see 769 3 respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. With the above direction, the writ petition is disposed of. There shall be 6. no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. SOI- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTtON OFFICER To, 1. The Principal Secretary, Department of Revenue, State Of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Tahsildar, Gonegandia Mandal, Kurnool District 4. The Station House Officer, Gonegandia Police Station, Gonegandia Mandal, Kurnool District. 5. Golla Nalla Reddy, S/o. Late G. China Narasimhulu, Aged 59 years, Occ- Agriculture, R/o. Gonegandia Village And Mandal, Kurnool District. 6. Golla China Nagaraju @ Raju, S/o. Late G. China Narasimhulu,Aged 49 years, Occ-Agriculture, R/o. Gonegandia Village and Mandal, Kurnool District. 7. Golla China Muniswamy, S/o. Late G. China Narasimhulu, Aged 39 years, Occ-Agriculture, R/o. Gonegandia Village And Mandal, Kurnool District. (1 to 7 by RPAD) 8. One CC to SRI. G R SUDHAKAR Advocate [OPUC] 9. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies KSR HIGH COURT DATE0:05/05/2025 ORDER WP.No.11539 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS