Mudapaka Appa Rao, v. The State of Andhra Pradesh,
WP/18464/2022 · 2025-10-12
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57427 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57427 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010310852022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18464/2022 Between:
1. MUDAPAKA APPA RAO,, S/O GANGAIAH, AGED 58 YEARS, R/O H.NO. 1-21, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 2. SMT. MUDAPAKA MAHALAXMI, , W/O GANGAIAH, AGED 70 YEARS, R/O CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 3. MUDAPAKA PAPAIAH,, S/O LATE DALAIAH, AGED 50 YEARS, R/O CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 4. MUVVALA VENKATA RAMANA,, S/O DEMUDU, AGED 42 YEARS, /IO H.NO.1-20, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 5. MUDAPAKA PYDI RAJU,, S/O LATE APPAIAH, AGED 58 YEARS, R/O CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 6. SMT. MUDAPAKA LAXMI,, W/O LATE BANGARI, AGED 56 YEARS, R/O H.NO.1-27, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 7. SMT. GOLLAMALA SANYASAMMA,, W/O ESWARA RAO, AGED 48 YEARS, R/O H.NO.1-36, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 8. SMT. MUDAPAKA DEMUDAMMA,, W/O PAPAIAH, AGED 46 YEARS,
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R/O MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 9. SMT. MUVVALA GANGAMMA,, W/O PYDIAIAH, AGED 76 YEARS, R/O H.NO.1-116, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 10. DOMA NUKA RAJU,, S/O RAJU, AGED 39 YEARS, R/O H.NO. 1-14, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 11. SMT. MUDAPAKA SIMHACHALAM,, W/O APPA RAO, AGED 50 YEARS, R/O H.NO.1-21, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 12. SMT. SONTHYANA SIMHACHALAM, W/O LATE MUTYALU, AGED48 YEARS, R/O H.NO. 1-30, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 13. .PALITETI APPA RAO,, S/O PAIDIYYA, AGED 52 YEARS, R/O H.NO.2-34, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 14. KORRAYI APPALA NAIDU,, S/O RAMU NAIDU, AGED 73 YEARS, R/O H.NO. 1-29, GOVINDAPURAM, GURRAMPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 15. KORRAYI KANAKA RAJU,, S/O LATE SOMULU, AGED 40 YEARS, R/O MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 16. KORRAYI ACHIYAMMA,, W/O DALI BABU, AGED 41 YEARS, R/O H.NO.1-126, GOVINDAPURAM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 17. SMT. BOBBILI BANGARAMMA,, W/O APPALA NAIDU, AGED 45 YEARS, R/O H.NO.2-33, GOVINDAPURAM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 18. MUVVALA DEMUDAMMA,, W/O RAMA KRISHNA, AGED 56 YEARS, R/O H.NO. 1-32, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT,
19. MUDAPAKA LATCHAMMA,, W/O TATA, AGED 66 YEARS, R/O
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H.NO. 1-17, MUDAPAKA,PENDURTHI MANDAL, VISAKHAPATNAM. 20. UGGINA DEVUDAMMA,, D/O DALAPPA, AGED 52 YEARS, R/O H.NO.2-79, B.C.COLONY, CHINTALA PALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 21. BANGARI GURUVULU,, S/O LATCHANNA, AGED 53 YEARS, R/O MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 22. SMT.
MUDAPAKA ESWARAMMA,, W/O RAMU, AGED 46 YEARS, R/O H.NO. 1-39, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 23. UGGINA KONDA BABU,, S/O PAIDITHALLI, AGED 66 YEARS, R/O H.NO.2-96, B.C.COLONY, CHINTALAPALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 24. NEELAPU CHINA RAMBABU, , S/O SATYALU, AGED 58 YEARS, R/O H.NO.4-3, BODDUNAIDU PALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 25. SMT. CHENNA RAMULAMMA,, W/O PEDA APPA RAO, AGED 71 YEARS, R/O CHINTALA PALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 26. .CHENNA CHINNA APPA RAO,, S/O DEMUDU, AGED 65 YEARS, R/O CHINTALA PALEM, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 27. .MUDAPAKA RAMU,, S/O LATE PARADESHI, AGED 5LYEARS, R/O H.NO. 1-39, MUDAPAKA, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P.,
2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION,
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VISAKHAPATNAM
4. THE TAHSILDAR, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ..
...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to take possession of the assigned agricultural lands of the petitioners mentioned in the attached schedule Annexed to this petition situated in Mudapaka Village, Pendurthi Mandal, Visakhapatnam District, on which they are eking their livelihood treating them as encroachers, on the premise of providing house sites under the scheme Navaratnalu-Pedalandariki Illu in the name of Voluntary Land Pooling without deciding the entitlement of the petitioners for developed plots as per their eligibility under G.O.Ms.No. 72, Municipal Administration and Urban Development Department, dated 25-01- 2020 and without obtaining any consent from the petitioners as illegal, un constitutional and against the judgment of the Division Bench of this Hon'ble Court in WP(PIL) No.64 of 2022 and against the principles of Natural Justice besides violation of Article 14, 21 and 300 A of the Constitution of India and to consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners of their above said agricultural lands in any manner including their dispossession and not to allot the same as house sites, in the interest of justice and to pass IA NO: 1 OF 2022 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 issue an interim direction against the respondents not to interfere with the possession and enjoyment of the agricultural lands of the petitioners mentioned in the attached schedule Annexed to this petition situated in Mudapaka Village, Pendurthi Mandal, Visakhapatnam District in any manner including their dispossession and allotment of the same as house sites under the scheme "Navaratnalu¬Pedalandariki Illu", during the pendency of this writ petition, in the interest of justice and to pass 5 IA NO: 1 OF 2023 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 Implead the petitioner/proposed Respondent as Respondent No. 5 in the above writ petition and in miscellaneous application I.A. No.1/2022 also in the interest of justice and pass IA NO:
2 OF 2023 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 Implead the petitioner/proposed Respondent as Respondent No.5 in the above writ petition and also in miscellaneous application I.A. No.1/2022 in the interest of justice and pass IA NO: 3 OF 2023 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 Implead petitioner/proposed Respondent as Respondent No.5 in the above writ petition and in miscellaneous application IA.No. 1/2022 also in the interest of justice and pass IA NO: 4 OF 2023 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 pleased to Implead petitioner/proposed Respondent as Respondent No.5 in the above writ petition and also in miscellaneous application IA.No. 1/2022 in the interest of justice and pass IA NO: 5 OF 2023 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 vacate the interim orders passed in IA No. 1 / 2022 of WP No. 18464 of 2022 and dismiss the WP and pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S):
1. GP FOR REVENUE
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The Court made the following order:
Sri K.Jyothi Prasad, learned counsel for the petitioners, seeks permission of this Court to withdraw the Writ Petition. Permission, as sought for, is accorded. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI 13.10.2025 MP
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THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.18464 OF 2022 Dated : 13.10.2025
MP