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2025 DAILYLAW 56022 (AP)

Rama Murthy Naidu v. THE STATE OF ANDHRA PRADESH

WP/11589/2025 · 2025-04-30

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11589 OF 2025 Between: Rama Murthy Naidu, S/o. Krishnam Naidu Aged about 73 years, Occ Agriculture, R/o. D.No. 3-72, Eswar Nagar, VenkatagiriKota V.kota Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principle Secretary, Revenue Department, Secretariate Building, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer Palamaner, Chittoor District. 4. The Thasildar, V. Kota Mandal, Chittoor District. 5. The Station House Officer, V.kota Urban Police Station, V.Kota Mandal Chittoor District. 6. S Devanandan, S/o. late G.M. Shokkanna Aged about 70 years, Occ Agriculture residing at Veeraguram Thoppu, Mudaramdoddi Post, V.kota Mandal, Chittoor District 7. S. Sarvanabavanatham, S/o. late G.M. Shokkanna Aged about 50 years, Occ Agriculture residing at Veeraguram Thoppu, Mudaramdoddi Post, V.kota Mandal, Chittoor District. 8. S. Sivanandam, S/o. late G.M. Shokkanna Aged about 55 years, Occ Agriculture residing at Veeraguram Thoppu, Mudaramdoddi Post, V.kota Mandal, Chittoor 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No. 4 to 8 in interfering with petitioner rights over the land belong to petitioner in an extent of Ac.0.14 Cents in Sy.No.831/1 and Ac.1.87 Cents in Sy.No.831/3 of Mudaramdoddi Village fields, V.Kota Mandal, Chittoor District, stating that the same is required for public purpose without putting petitioner on notice or following due process of law and not allowing petitioner to do his agricultural activities as arbitrary, illegal and colorable exercise of power apart from being voilative of fundamental and Constitutional Rights guaranteed to petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.4 not to interfere with petitioner rights over the land in an extent of Ac.0.14 Cents in Sy.No.831/1 and Ac.1.87 Cents in Sy.No.831/3 of Mudaramdoddi Village fields, V.Kota Mandal, Chittoor District, stating that the same is required for public purpose without following due process of law and allow petitioner to do his agricultural activities. 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 may be pleased to direct the respondent No.4 not to disposes petitioner from the land in an extent of Ac.0.14 Cents in Sy.No.831/1 and Ac.1.87 Cents in Sy.No.831/3 of Mudaramdoddi Village fields, V.Kota Mandal, Chittoor District, stating that the same is required for public purpose without following due process of law and allow petitioner to do his ^^^^^gricultural activities pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. B.V.DURGA PRASAD Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5: GP FOR HOME The Court made the following order: APHC010227372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3329] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11589/2025 Between: Rama Murthy Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.B.V.DURGA PRASAD Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11589/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in 1. interfering with the petitioner’s lands admeasuring to an extent of Ac.0.14 cents in Sy.No.831/1 and Ac.1.87 cents in Sy.No.831/3 situated in Chittoor District, without Mudaramdoddi Village fields, V.Kota Mandal following due process of law as illegal and arbitrary. ) \ Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. 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 peaceful possession and enjoyment of the subject 3. property of the petitioner without following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner 4. is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) 5. 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 peaceful possession and enjoyment of the subject property of the petitioner, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 6. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ^ 2004(1) see 769 SDl- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY 11 SECTION OFFICER To 1. The Principi^ecretary, Revenue Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer Palamaner, Chittoor District. 4. The Thasildar, V. Kota Mandal, Chittoor District. 5. The Station House Officer, V.kota Urban Police Station, V.Kota Mandal Chittoor District. 6. One CC to Sri. B.V.Durga Prasad Advocate [OPUC] 7. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC 1 HIGH COURT DATED:01/05/2025 ORDER WP.No.11589 of 2025 2'iJUN 2025 P intSectigp^y .<5! DISPOSING THE WP WITHOUT COSTS