Extracted from the PDF above. The PDF is authoritative.
I APHC010046322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2689 OF 2025 Between:
1. Pandu Vijaya, W/o China Ramudu
2. Sodem Durgamma, W/o Veerraju
3. Samithi Kumari, W/o Dharmaraju (late)
4. Naram Mounica, W/o Ramarao
5. Naram Baburao, S/o Venkata RamaRao
6. Sodem Sujatha, W/o Sreenivas
7. Pandu Sindhu, W/o Praveen
8. Samithi Meramma, W/o Somaraju (late)
9. Punem Jhansi, W/o Eeswar
10. That! Suguna, W/o Rajarao
11. Madakam Durgamma, W/o Mutyalarao
12. Samithi Lalitha, W/o Yesuratnam
13. Pandu Chandramma, W/o Pedda Venkateswarao
14. Pandu PeddaVenkamma, W/o Challayya (late)
15. Pandu Pedda Lakshmi, W/o China Vekateshwarao
16. Bellam Yasoda, W/o Ganga Raju
17. Pandu Venkamma, W/o China Venkatesh
18. Patidu Ramalaksmi, W/o Bhimudu (late)
19. Pandu Nagamani, W/o Vasantharao
20. Samithi Ruthamma, W/o Kruparao
21. Pandu Subhadra, W/o Sreenu (late)
22. Pandu Laxmi, W/o Pedda Ramudu
23. Sodem Ramalakshmi, W/o Seethaiah
24. Tellam Jayamma, W/o Chanti (late) All are Residents of Ramanakkapeta Village, Jeelugumilli Mandal, Eluru Dist. ...Petitioners AND
1. State of AP, Rep, by its Principal Secretary, Tribal Welfare Department Secretariat Velagapudi, Amaravati, Guntur Dist. 2. The Agent to Government/ District Collector, Eluru, Eluru Dist. 3. The Spl Asst Agent/ RDO, Jangareddigudem Eluru Dist. 4. The Tahasildar, Jeelugumilli. Jeelugumilli Mandal, Eluru Dist. Dist. Eluru ...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 order direction, more particularly one in the nature of Writ of Mandamus declare the action of the respondents seeking eviction of the petitioners from their lands covered in Sy. No.20/2 an extent of Ac. 10.00 Cts,
Sy.No.26/1A an extent of Ac. 0.94Cts, Sy.No.26/1B an extent of Ac. 7.07 Cts, Sy.No.35 an extent of Ac. 16.94 Cts situated at Ramannapalem Village of Jeelugumilli Mandal, Eluru District, as illegal Arbitrary Ramannapalem Village of Jeelugumilli Mandal, Eluru District, as illegal Arbitrary and consequently direct the respondents not to evict the petitioners from their respective lands, Sy.No. 20/2 an extent of Ac. lO.OOCts, Sy.No.26/1A an extent of Ac. 0.94Cts, Sy.No.26/1B an extent of Ac. 7.07 Cts, Sy.No.35 an extent of Ac. 16.94 Cts situated at Ramannapalem Village of Jeelugumilli Mandal, Eluru District without following due process of law.
lA 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 to stay of all further proceedings including eviction of the petitioners form their lands, covered in Sy. No. 20/2 an extent of Ac. 10.00 Cts, Sy No. 26/1A extent of Ac. 0.94 Cts, Sy No. 26/IB an extent of Ac. 7.07 Cts, Sy No. 35 extent of Ac. 16.94 Cts Situated at Ramannapalem Village of Jeelugumilli Mandal, Eluru District, pending disposal of the above writ petition. Counsel for the Petitioners: SRI P R K AMERANDRA KUMAR Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 to 4; GP FOR REVENUE The Court made the following order: an an
APHC010046322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2689/2025 Between:
1. PANDU VIJAYA, W/0 CHINA RAMUDU
2. SODEM DURGAMMA, W/0 VEERRAJU
3. SAMITHI KUMARI, W/0 DHARMARAJU (LATE)
4. NARAM MOUNICA, W/0 RAMARAO
5. NARAM BABURAO, S/0 VENKATA RAMARAO
6. SODEM SUJATHA, W/0 SREENIVAS
7. PANDU SINDHU, W/0 PRAVEEN
8. SAMITHI MERAMMA, W/0 SOMARAJU (LATE)
9. PUNEM JHANSI, W/0 EESWAR 10.THATI SUGUNA, W/0 RAJARAO 11.MADAKAM DURGAMMA, W/0 MUTYALARAO 12.SAMITHI LALITHA, W/O YESURATNAM
13. PANDU CHANDRAMMA, W/O PEDDA VENKATESWARAO
14. PANDU PEDDAVENKAMMA, W/O CHALLAYYA (LATE) 15.PANDU PEDDA LAKSHMI, W/O CHINA VEKATESHWARAO 16.BELLAM YASODA, W/O GANGA RAJU
1 2 17.PANDU VENKAMMA, W/0 CHINA VENKATESH 18.PANDU RAMALAKSMI, W/0 BHIMUDU (LATE) 19.PANDU NAGAMANI, W/0 VASANTHARAO 20.SAMITHI RUTHAMMA, W/0 KRUPARAO 21.PANDU SUBHADRA, W/0 SREENU (LATE) 22.PANDU LAXMI, W/0 PEDDA RAMUDU 23.SODEM RAMALAKSHMI, W/0 SEETHAIAH 24.TELLAM JAYAMMA, W/0 CHANTI (LATE) ALL ARE RESIDENTS OF RAMANAKKAPETA VILLAGE, JEELUGUMILLI MANDAL, ELURU DIST.
...PETITIONER(S) AND ESTATE OF AP, REP, BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DIST. 2.THE AGENT TO GOVERNMENT/ DISTRICT COLLECTOR, ELURU, ELURU DIST. 3.THE SPL ASST AGENT/ RDO, JANGAREDDIGUDEM ELURU DIST. 4.THE TAHASILDAR, JEELUGUMILLI. ELURU DIST. ELURU DIST. JEELUGUMILLI MANDAL, ...RESPONDENT(S): 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 order direction, more particularly one in the nature of Writ of MANDAMUS declare the action of the respondents seeking eviction of the petitioners from their lands covered in Sy.No.20/2 an extent of Ac. lO.OOCts, Sy.No.26/1A an extent of Ac. 0.94Cts, Sy.No.26/1B an extent of Ac. 7.07 Cts, Sy.No.35 an extent of Ac. 16.94 Cts situated at Ramannapalem Village of Jeelugumilli Mandal, Eluru District, as illegal Arbitrary Village of Jeelugumilli Mandal, Eluru District, as illegal Arbitrary consequently direct the respondents not to evict the petitioners from their Ramannapalem and
3 respective lands, Sy.No. 20/2 an extent of Ac. lO.OOCts, Sy.No.26/1A an extent of Ac. 0.94Cts, Sy.No.26/1B an extent of Ac. 7.07 Cts, Sy.No.35 an extent of Ac. 16.94 Cts situated at RamannapalemVillage of Jeelugumilli Mandal, Eluru District without following due process of law lA 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 Counselfor the Petitioner(S):
1. P R K AMERANDRA KUMAR Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR SOCIAL WELFARE The Court made the following ORDER: Heard Sri T.Naveen Kumar, learned counsel representing Sri P R K Amarendra Kumar, learned counsel for the petitioners and Sri P.Ramakrishna, learned Assistant Government Pleader for Social Welfare.
The above writ petition has been filed to declare the action of respondents 3 and 4 in trying to evict the petitioners from the lands to an extent of Ac.10.00 cents in Sy.No.20/2; Ac.0-94 cents in Sy.No26/1A; Ac.7-07 cents in Sy.No.26/1B and Ac. 16-94 cents in Sy.No.35 situated at Ramannapalem Village of Jeelugumilli Mandal, Eluru District, without following due process, as illegal and arbitrary.
Learned counsel for the petitioners would contend that all the petitioners have been in possession and enjoyment of the aforementioned lands. Without issuing any notice, the respondents 3 and 4 are attempting the dispossess the petitioners.
2.
3. Learned Assistant Government Pleader submitted instructions of the Tahsildar (FAC), Jeelugumilli vide Roc.No.48/2025(DT), dated 05.02.2025.
4.
4
5. A perusal of the instructions would indicate that the aforementioned lands are ancestral property of one Gaddamanugu Madhusudhana Rao, S/o Sriramulu, and his name is recorded in the Revenue records as Pattadar. The petitioners belong to the ST (Koya), encroached on the lands, and they have been in possession and enjoyment of the said lands. The said Madhusudana Rao made a representation dated 04.01.2025 with a request to provide protection to him against the petitioners to cultivate the lands. An inquiry has been conducted by the Village Revenue Officer, Tatiyakulagudem cluster and the Mandal Revenue Inspector, Jeelugumilli and submitted report. The instructions would further indicate that an extent of Ac.53-86 cents in RS No.20 is described as Gayallu; an extent of 18-39 cents in RS No.26/1, the pattadars are 1) Gaddamanugu Venkata Sarma, 2)Ramprakash Rayudu and 3)Sri Ramulu. For an extent of 16-94 cents, the pattadars are 1) Gaddamanugu Venkata Sarma, 2) Ramprakash Rayudu and 3)Sri Ramulu. The instructions further disclose that the said Madhusudhana Rao filed suit O.S.No.12/2010 on
6. the file of the Revenue Divisional Officer, Jangareddigudem, against 8 tribal people, and the Revenue Divisional Officer granted a temporary injunction on 28.01.2012 against the petitioners. The said Madhusudhana Rao also filed W.P.No.22176 of 2014 seeking to direct the 2 respondent therein, i.e. Special Assistant Agent to Government-cum-Revenue Divisional Officer, Jangareddigudem, to provide necessary police aid. However, no interim order was granted. nd The instructions further indicate possession of the petitioners over the land for 25 to 30 years. The 4“^ respondent never issued any notice to the petitioner regarding dispossession or eviction in respect of the aforementioned lands. An inquiry will be done in relation to the representation made by the said Madhusudhana Rao. The 4**^ respondent is waiting for instructions from the Revenue Divisional Officer, Jangareddigudem.
7.
5 Thus, as seen from the instructions, the Tahsildar-4‘'^ respondent is not interfering with the lands referred to supra and the same is recorded.
8.
9. Given the facts and circumstances of the case, the Writ Petition is
disposed of, directing the respondents not to interfere with the possession of the petitioners without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Tribal Welfare Department, State of AP Secretariat Velagapudi, Amaravati, Guntur Dist. to Government/ District Collector, Eluru, Eluru Dist.
2. The Agent
3. The Spl Asst Agent/ RDO, Jangareddigudem Eluru Dist. Tahasildar, Jeelugumilli. Jeelugumilli Mandal, Eluru Dist. Eluru
4. The Dist.
5. One CC to Sri. P R K Amerandra Kumar Advocate [OPUC] Revenue High Court of Andhra Pradesh [OUT] Social Welfare, High Court of Andhra Pradesh
6. TwoCCsto GPfor
7. Two CCs to GP for [OUT]
8. Three CD Copies GSC
HIGH COURT DATED:01/07/2025
ORDER WP NO. 2689 OF 2025 18 JUL ^Sj^entSec DISPOSING THE WP WITHOUT COSTS