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2026 DAILYLAW 12095 (AP)

KORLAKUNTA MANGA REDDY v. THE STATE OF ANDHRA PRADESH

WP/27993/2026 · 2026-09-27

Subba Reddy Satti

Public Interest Litigationbody2026

Judgment text

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APHC010515072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27993/2026 Between: 1. KORLAKUNTA MANGA REDDY, S/O LATE K. NAGI REDDY, AGED ABOUT 75 YEARS, OCCUPATION CULTIVATION, R/O D.NO.1, UPPILIVANKA, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT. 2. KORLAKUNTA RAJA REDDY,, S/O LATE K. NAGI REDDY, AGED ABOUT 80 YEARS, OCCUPATION CULTIVATION, R/O D.NO.1, UPPILIVANKA, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. - 522238. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT - 517503. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI REVENUE DIVISION, TIRUPATI DISTRICT. - 517503. 4. THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT. -517561. 5. THE STATION HOUSE OFFICER, RAMACHANDRAPURAM POLICE STATION, TIRUPATI DISTRICT. -517561. 6. SRI SREENIVASULU, S/O. NOT KNOWN, AGED MAJOR, OCC CONSTABLE, RAMACHANDRAPURAM POLICE STATION, TIRUPATI DISTRICT. -517561. 7. SRI OBUL REDDY, S/O. NOT KNOWN, AGED MAJOR, OCC HEAD CONSTABLE, RAMACHANDRAPURAM POLICE STATION, TIRUPATI DISTRICT. - 517561 8. B VIJAYA KUMAR REDDY, S/O B. RAGHUNADHA REDDY, AGED ABOUT 35 YEARS, RIO D.NO.1, REKALACHENU, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. 9. GURRAMNARESH REDDY, S/O GURRAM RAJA REDDY, AGED ABOUT 22 YEARS, D.NO.6-78, UPPILIVANKA VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. 10. K NARASIMHA REDDY, S/O K. HARINADHA REDDY, AGED ABOUT 31 YEARS, D.NO.8-46, GOKULAPURAM VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. 11. K MADHUSUDHAN REDDY, S/O RAGHUNADHA REDDY, AGED ABOUT 23 YEARS, D.NO.1-4, GOKULAPURAM VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI -517102. 12. P JAGADEESH, S/O JAYACHANDRA, AGED ABOUT 25 YEARS, D.NO.1, REKALACHENU VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. 13. AKA DEVARAJULU, S/O AKA GANGADHARAM, AGED ABOUT 33 YEARS, D.NO.1-10, ANUPPALLI VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. 14. AKA GURRAPPA, S/O AKA CHENGAIAH, AGED ABOUT 52 YEARS, D.NO.1-44, ANUPPALLI VILLAGE, ANUPPALLI PANCHAYAT, RAMACHANDRAPURAM MANDAL, TIRUPATI DISTRICT, POST BOPPARAJUPALLI - 517102. ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondent authorities, particularly Respondent Nos.4 to 7, in permitting, facilitating or failing to prevent Respondent Nos.8 to 14 from entering into the Petitioners' lands situated in Sy.No.343/2A, admeasuring Ac.2.47 cents, Khata No.392, D.Form No.298 dated 11.03.1963, and Sy.No.343/2B, admeasuring Ac.2.47 cents, Khata No.393, D.Form No.298 dated 11.03.1963, Uppilivanka Village, Anuppalli Panchayat, Ramachandrapuram Mandal, Tirupati District, and attempting to lay a road by using JCBs/Hitachi machines, without issuing notice and without following due process of law, and further declaring the alleged high-handed, arbitrary and intimidating conduct of the concerned Tahsildar and police personnel/Constable in allegedly supporting or facilitating such interference, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the official Respondents to protect the peaceful possession and cultivation of the Petitioners, prevent Respondent Nos.8 to 14 and their men/agents from entering into or interfering with the subject lands, standing crops and approximately 200 mango trees, and not to dispossess or interfere with the Petitioners except by following due process of law, in the light of the principle reiterated by the Hon'ble Court in W.P.No.42199 of 2015 and the judgment of the Hon'ble Supreme Court in Rame Gowda (Dead) by L.Rs. v. M. Varadappa Naidu (Dead) by L.Rs., IA NO: 1 OF 2026 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 direct the Respondent authorities, particularly Respondent Nos.4 to 7, to forthwith protect the peaceful possession and cultivation of the Petitioners over the subject lands in Sy.Nos.343/2A and 343/2B and consequently restrain Respondent Nos.8 to 14, their men, agents or anybody claiming through or under them from entering into the Petitioners' lands, using JCBs/Hitachi or any other machinery, laying any road, carrying out earthwork, cutting or damaging the standing crops and approximately 200 mango trees, or otherwise interfering with the Petitioners' peaceful possession and enjoyment of the subject lands, and further direct the concerned Tahsildar and police personnel, including the concerned Constable, not to resort to any high-handed, coercive or intimidating action against the Petitioners and to act strictly in accordance with law, pending disposal of the main Writ Petition. pending disposal of the above writ petition Counsel for the Petitioner(S): 1. PALICHERLA PARDHA SARADHI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER Heard Sri Palicherla Pardha Saradhi, learned counsel for the petitioners; Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents 1 to 4 and Sri Mallikarjun, learned Assistant Government Pleader for Home for the 5th respondent. Notice in respect of respondents 6 to 14 is dispensed with, since no adverse order affecting their rights and interests is passed. 2. Learned counsel for the petitioners would submit that the petitioners are the absolute owners and possessors of an extent of Ac.2.47 cents each in S.Nos.343/2A and 343/2B, Khata No.392 situated at Uppilivanka village, Anuppalli Panchayat, Ramachandrapuram Mandal, Tirupati District. The then Tahsildar assigned land of an extent of Ac.4.94 cents in S.No.343/2, vide Ex.P2. Thereafter, the petitioners divided the property, and the names of the petitioners were updated in the Records of Rights, and they were issued Pattadar Pass Books vide Ex.P1. Be that as it may, the 4th respondent is attempting to dispossess the petitioners without following due procedure. 3. Learned Assistant Government Pleader for Revenue submitted the instructions of the 4th respondent-Tahsildar, wherein it was stated thus: “In this connection it is submitted that the Government of Andhra Pradesh has planning to establish MSEM Park in the Gap Area of Anuppalli Village of Ramachandrapuram Mandal. As a part of identification of Gap Area the respondents started identification of Gap Area between Revenue and Forest Boundary. It is submitted that the petitioners land was not surveyed and also the Survey Numbers mentioned in the Petition are not under the consideration as of now for the purpose of establishing MSEM Park at Anuppalli. I submit that as contended by the petitioners the petition schedule land was not touched by the inspection team and not destroyed any trees. Only by apprehension the petitioner was filed this petition. The Gap area is being surveyed and jungle cleaning activity is being taken up.” 4. Given the instructions of the 4th respondent-Tahsildar, the Writ Petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the 4th respondent not to interfere with an extent of Ac.2.47 cents each in S.Nos.343/2A and 343/2B, Khata No.392 situated at Uppilivanka village, Anuppalli Panchayat, Ramachandrapuram Mandal, Tirupati District, without following due process of law. No order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD