i. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE / AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI / WRIT APPEAL NO: 135 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 31.01.2025 in W.P No. 2408 of 2025 on the file of the High Court. Between: 1. Mallidi Srinivasa Reddy, S/o. Mangireddy, Aged about 42 years, R/o. D. No. 8-1014/2, Ravulapalem Village and Mandal East Godavari District 2. Konala Suryavathi, W/o. Tirupathi Reddy, Aged about 60 years, R/o. D. No. 8-1014/2, Ravulapalem Village and Mandal East Godavari District ...APPELLANTS/RESPONDENT No.5 & 6 AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Superintendent of Police, East Godavari, Dr B R Ambedhkar Konasema District Erstwhile East Godavari District 3. The Station House Officer, Ravulapallem, Dr B R AmbedhkarKonasema District Erstwhile East Godavari District. ...RESPONDENTS/RESPONDENTS No.1 to 3 4. Mallidi Satti Reddy, S/o Satyanarayana Reddy, Aged about 56 Years, Occ: Cultivation, R/o. 1-38, Ravulapallem Village and Mandal, Dr B R AmbedhkarKonasema District Erstwhile East Godavari District Represented Through GPA Holder Sri Karri Srinivasa Reddy 5. Sri Karri Srinivasa Reddy, S/o Satyanarayana Reddy, Aged 38 years Occ: Cultivation, R/o. D. No 2-16, Kutukuluru Village, Anaparthy Mandal East Godavari District ...RESPONDENTS/PETITIONER No.1 & 2 lA 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 to stay the operation of Final Order dt. 31.01.2025 passed in W.P No. 2408 of 2025 pending disposal of the Writ Appeal. Counsel for the Appellants: SRI Y.V. RAVI PRASAD, SENIOR COUNSEL FOR SRI Y. V. ANIL KUMAR Counsel for Respondent Nos.1 to 3: GP FOR HOME . Counsel for Respondent Nos.4 & 5: SRI MAREEDU SASIDHAR The Court made the following: X’" V'. APHC010081172025 Bench Sr.No:-130 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 135 of 2025 Mallidi Srinivasa Reddy and others ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant: Mr. Y. V. Ravi Prasad, learned Senior Counsel appearing for Mr. Y. V. Anil Kumar Advocates for Respondents: Mr. Mareedu Sasidhar, GP for Home CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : IS*” February, 2025. DATE P C : The present writ appeal has been preferred against judgment and order dated 31.01.2025, passed in W.P.No.2408 of 2025. By virtue of judgment and order impugned the writ petition has been allowed, with a direction that the possession of the petitioners over the subject property be not interfered with without following due process of law. 2. Learned counsel for the appellants states that even when the appellants were respondent Nos. 4 and 5 in the writ petition, no notice was issued to the appellants and that the petition came to be disposed of ex parte presuming that the petitioners were in possession and not the appellants, who are respondents before the learned single Judge. It is stated that the petitioners concealed from the learned single Judge the factum regarding pendency of r WA 135 2025 the civil suit filed by the appellants in which an order of injunction had been obtained, restraining the respondent Nos.4 and 5 herein from interfering with"' the possession of the plaintiffs/appellants herein. 3. In any case, it was sought to be urged by the learned counsel for the appellants that even the writ petition was not maintainable inasmuch as the dispute pertain inter se the private respondents/appellants in regard to private property in regard to which the learned single Judge could not have invoked the extraordinary writ jurisdiction. 4. Having heard learned counsel for the parties, we are of the opinion that the judgment and order impugned is unsustainable, the same is accordingly set aside. Registry is directed to list W.P.No.2408 of 2025 before the learned single Judge for consideration afresh on 19.02.2025. In the meantime, the appellants would be at liberty to file the response to the writ petition, if so advised. 5. Accordingly, the present Writ Appeal is allowed. No order as to costs. Pending miscellaneous applications, if any, in this appeal, shall stand closed. Sd/-S.V.S.R.MURTHY JOINT REGISTER (enSroFFicER //TRUE COPY// SE To 1. The Principal Secretary Department of Home, State of Andhra Secretariat Velagapudi Amaravathi Guntur District Pradesh 2. The Superintendent of Police, East Godavari, Dr B R District Erstwhile East Godavari District AmbedhkarKonasema 3. The Station House District Erstwhile East Godavari District Officer, Ravulapallem, Dr B R AmbedhkarKonasema 4. Sri Karri Srinivasa Reddy, S/o Satyanarayana Reddy, Aged 38 years Occ Cultivation, R/o. D. No 2-16, Kutukuluru Village, Anaparthy Mandal East Godavari District 5. One CC to Sri Y. V. Anil Kumar, Advocate [OPUC] 6. One CC to Sri Mareedu Sasidhar, Advocate[OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. The Registrar(Judicial), High Court of A.P. at Amaravati. 9. The Section Officer, Posting Section, High Court of A.P. at Amaravati[OUT] 10. The Section Officer, Writ(Non-Service) Section, High Court of A.P at Amaravati. 11. Three CD Copies. ssb HIGH COURT DATED:18/02/2025 JUDGMENT WA.No.135 of 2025 I < 8 FES m Curreni iecuon , O' Co ALLOWING THE W.A. WITHOUT COSTS