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High Court of Andhra Pradesh · body

2025 DAILYLAW 54775 (AP)

Sri Arkatu Sreeramulu, v. P.Venkatramana,

WA/1263/2025 · 2025-12-08

R Raghunandan Rao, T C D Sekhar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010637782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1263/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the Writ Appeal by setting aside the Order, dated 22.09.2025 made in W.P.No.25560 of 2025 and pass such Between: 1. SRI ARKATU SREERAMULU,, S/O. LATE MUNUSWAIRIY, AGED ABOUT 75 YEARS, OCC AGRICULTURE, R D.NO.2-1895, KADAPA ROAD, NEARTULASI RICE MILLA, PILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. 2. SRI ARKATU CHANDRA,, S/O. SREERAMULU, AGED ABOUT 42 YEARS, OCC AGRICULTURE, R/O. D.NO. 2-1895, KADAPA ROAD, NEARTULASI RICE MILLA PILER TOWN AND MANDAL, ANNAMAYYA DISTRICT 3. SRI ARKATU RANI,, D/O. SREERAMULU AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/O. D.NO.2-1895, KADAPA ROAD, NEARTULASI RICE MILLA PILER TOWN AND MANDAL, ANNAMAYYA DISTRICT. 4. SRI ARKATU SURESH SURI,, S/O. SREERAMULU, AGED ABOUT 37 YEARS, OCC AGRICULTURE, R/O. D.NO.3-19, VADDIPALLI,H/O. BODUMALLUVARIPALLI VILLAGE, PILER MANDAL, ANNAMAYYA DISTRICT. ...APPELLANT(S) AND 1. P VENKATRAMANA, S/O. LATE VENKATASWAMY AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. D.NO.3-19, VADDIPALLI, H/O. BODUMALLUVARIPALLI VILLAGE, PILER MANDAL ANNAMAYYA DISTRICT. 2. SRNT P LAKSHMAMMA, W/O. LATE VENKATASWAMY, AGED ABOUT 91 YEARS, OCC HOUSE WIFE, R/O. D.NO.3-19, VADDIPALLI, H/O. BODUMALLUVARIPALLI VILLAGE. PILER 2 RRR, J & TCDS, J W.A.No.1263 of 2025 MANDAL, ANNAMAYYA DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, ANNAMAYYA AT RAYACHOTY. 5. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 6. THE TAHSILDAR, PILER MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): 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 may be pleased to dispense with filing Certified Copy of the Order, dated 22.09.2025 made in W.P.No.25560 of 2025, pending disposal of the above Writ Appeal and pass such 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 may be pleased to permit me to file the copy of the Sale Deed, pending disposal of the above Writ Appeal and pass such IA NO: 3 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 may be pleased to condone the delay of 64days in filing the Writ Appeal against the Order, dated 22.09.2025 made in W.P.No.25560 of 2025, pending disposal of the above Writ Appeal and pass such IA NO: 4 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 may be pleased to suspend the Order, dated 22.09.2025 made in W.P.No.25560 of 2025, pending disposal of the above Writ Appeal and pass such Counsel for the Appellant(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. VUTUPALLI RAJANNA 3 RRR, J & TCDS, J W.A.No.1263 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The respondents 1 & 2 had approached this Court, by way of W.P.No.25560 of 2025, seeking a direction to the 6th respondent-Tahsildar not to interfere with their peaceful possession of the property, admeasuring Ac.0.75 cents in Sy.No.726-5 and Ac.0.48 ¾ cents in Sy.No.726-3 of Bodumalluvaripalli Village, Piler Mandal, Annamayya District. This Writ Petition came to be disposed of by a Judgment, dated 22.09.2025, by a learned Single Judge of this Court with a direction to all the respondents, mentioned in the Writ Petition, not to interfere with the peaceful possession and enjoyment of the property claimed by respondents 1 & 2. 2. Aggrieved by the said Judgment, the appellants herein, who were arrayed as respondents 5 to 8 in the Writ Petition, have approached this Court, by way of the present Writ Appeal. 3. The contention of the appellants is that they are in possession of the land and the learned Single Judge had passed the impugned Judgment, without notice to them and without the appellants being given an opportunity of being heard. It is further contended that the prayer in the Writ Petition was only for a direction against the 4th respondent and such a direction could not have been passed against the appellants, who were respondents 5 to 8 in the Writ Petition. 4 RRR, J & TCDS, J W.A.No.1263 of 2025 4. Sri V. Rajanna, learned counsel appearing for respondents 1 & 2 would contend that the respondents 1 & 2 are the owners and possessors of the land and the appellants herein have not produced a single piece of paper to demonstrate their ownership and possession over the land. 5. We do not propose to go into this issue and the same is left open. 6. However, the fact remains that the relief sought in the Writ Petition was only for a direction against the 4th respondent. In such circumstances, this Writ Appeal is disposed of, by modifying the order of the learned Single Judge to the extent of directing that only the 4th respondent shall not interfere with the land in question, except in accordance with law. 7. Needless to say, this Court has neither gone into the issue of ownership and possession nor whether the D-Form patta, said to have been assigned to the grand-father of respondents 1 & 2, is a genuine patta or whether there is any irregularity in the said patta. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 09.12.2025 MJA 5 RRR, J & TCDS, J W.A.No.1263 of 2025 153 THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL NO: 1263 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 09.12.2025 MJA