UGGUMUDI GOPINATH REDDY v. THE STATE OF ANDHRA PRADESH
WP/2985/2025 · 2025-02-05
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6267 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6267 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2985 OF 2025 Between: Uggumudi Gopinath Reddy, S/o Venugopal Reddy, aged 48 years, Occ; Farmer, R/o. Ramalayam Street, Pidurupalem Village, Manubolu Mandal SPSR Nellore District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by it's Principal Secretary (Revenue) Department, Secretariat Buildings, Velagapudi, Guntur District-522503. 2. The District Collector, SPSR Nellore District, Nellore
3. The Joint Collector, SPSR Nellore District, Nellore. 4. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 5. The Thasildar, Manubolu Mandal, SPSR Nellore 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 appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in interfering with the peaceful possession and enjoyment of the Petitioner's over the agricultural land of an extent Ac.2.10 cents situated in RS No. 115/8 of Pidurupalem village, Manubolu Mandal, SPS Nellore District without considering the Reply dt.30.01.2025 submitted by Petitioner one
to the Notice dt.27.01.2025 issued by 5th Respondent and trying to dispossess him without following due process of law and in contrary to the proceedings under R.C.B/62/2024 dated 10.01.2024 issued by the 5th Respondent as illegal, arbitrary, and in violation of fundamental rights of Articles 14 and 21 of the Constitution of India by directing the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner over the said property by considering the Reply dt.30.01.2025 submitted by Petitioner to the Notice dt.27.01.2025 issued by 5th Respondent and consequently direct the 3rd Respondent to conclude the proceedings under R.C.B/62/2024 dated 10.01.2024 issued by the 5th Respondent in the interest of justice. 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 direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner's over the agricultural land an extent Ac.2.10 cents situated in RS No. 115/8 of Pidurupalem village, Manubolu Mandal, SPS Nellore District pending disposal of the present Writ Petition in the interest of justice.
Counsel for the Petitioner: SRI DEVALARAJU ANIL KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
y I APHC010057472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2985/2025 Between: ...PETITIONER Uggumudi Gopinath Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.DEVALARAJU ANIL KUMAR Counsel for the Respondent{S):
1.GPFOR REVENUE The Court made the following:
r J r
ORDER: 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 dispossess the petitioner from his land without following due process of
1. law.
2.
Learned counsel appearing for the respondents, admitted that the petitioner is continuing in possession of his land and the respondents authorities would follow due process of law and requested to pass appropriate ^ orders.
3. When the petitioner is in settled possession and enjoyment of the property, the respondents are not entitled to interfere with their possession and enjoyment of the petitioner and such highhanded action of the respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in
"Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by LRs.\ when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed. 2004(1) see 769
of law. Therefore, the respondents are directed without following due process not to dispossess the petitioner from his property, except by due process of law. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs.
4. shall also stand
5. Consequently, miscellaneous petitions pending, if any closed.
Sd/- N. NAGAMMA ASSISTANT registrar //TRUE COPY// OFFICER SE To, 1 The Principal Secretary (Revenue) Department, Secretariat Buildings Velagapudi, Guntur District-522503.
2. The Collector, SPSR Nellore District, Nellore
3. The Joint Collector, SPSR Nellore District, Nellore. Divisional Officer, Kavali, SPSR Nellore District.
4. The Revenue
5. The Thasildar, Manubolu Mandal, SPSR Nellore District. Sri Devalaraju Anil Kumar Advocate [OPUC] High Court of Andhra Pradesh. [OUT]
6. OneCCto
7. Two CCs to GP for Revenue
8. Three CD Copies TF
HIGH COURT DATED:05/02/2025
ORDER ^roF te 12 FEB 2C25 | * CurrenI Sution ^ WP.No.2985 of 2025 O DISPOSING OF THE W.P., WITHOUT COSTS