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2026 DAILYLAW 16416 (AP)

KROVI PRABHAKAR RAO v. THE STATE OF AP

WP/3567/2026 · 2026-02-09

Subba Reddy Satti

body2026

Judgment text

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APHC010061422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3567/2026 Between: 1. KROVI PRABHAKAR RAO, S/O, RADHA KRISHNA, AGE 59 YEARS, OCC COOLIE, RIO, D. NO. 1-120 KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 2. KALLE VENKATESWARA RAO, , S/O. RAMACHANDRA RAO, AGE 52 YEARS, OCC CULTIVATION, R/O. D.NO. 1-150/A KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 3. SHAIK ANWAR BASHA,, S/O. SUBHANI, AGE 49 YEARS, OCC COOLIE, R/O. D.NO.5-112, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 4. GARIKAPATI VENKATESHWARA RAO,, S/O. LAKSHMAYYA, AGED 48 YEARS, OCC CULTIVATION, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 5. SHAIK MALINI,, W/O. MASTHAN, AGED 50 YEARS, OCC CULTIVATION, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 6. SHAIK KALESHA SHAHEB,, S/O. SUBANI, AGED 52 YEARS, OCC CULTIVATION, R/O. KODURUPADU VILLAGE BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 7. SK. ALLA BAKSHU,, S/O. SUBANI, AGED 40 YEARS, OCC CULTIVATION, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. Page 2 of 7 8. GARIKAPATI SRINIVASA RAO,, S/O. NAGESWARA RAO, AGED 38 YEARS, OCC CULTIVATION, R/O.D.NO.5-12, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 9. CHIDIBOMMA MANI BABU,, S/O. SAMBASIVA RAO, AGED 46 YEARS, OCC CULTIVATION, R/O. D.NO. 105 KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 10. GARIKAPATI RANGA RAO,, S/O. NAGESWAR RAO, AGED 46 YEARS, OCC. CULTIVATION, R/O.D.NO.5-12 KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 11. KANDULA RAMBABU, , S/O. RANGA RAO, AGE 41 YEARS, OCC. CULTIVATION, R/O. D.NO.886-5 KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 12. GARIKAPATI RANGA RAO,, S/O. POTHU RAJU, AGED 40 YEARS, OCC. CULTIVATION, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 13. SHAIK REHAMATHULLA,, S/O. DANDU SHAHEB, AGE 65 YEARS, OCC. COOLIE, R/O. D.NO. 5-106, KODURUPADU VILLAGE, SHOBANADRIPURAM POST, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 14. PILLI VENKATESWARA RAO,, S/O. SUBBA RAO, AGE 64 YEARS, OCC. CULTIVATION, R/O.D.NO.2-22 KODURUPADU VILLAGE, PAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 15. AMBATI TULASI,, W/O. AMBATI KIRAN KUMAR, AGE 35 YEARS, OCC. HOME MAKER, R/O.D.NO.655-8, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 16. PILLI VENKATRATNAM,, S/O. SUBBA RAO, AGE 59 YEARS, OCC. CULTIVATION, R/O.D.NO. 2-23 KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 17. YARAJARLA KOUSALYA,, W/O. SAMBAIAH, AGE 59 YEARS, OCC. AGRICULTURAL COOLIE, R/O. D.NO.3-19, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 18. GARIKAPATI SIVA NAGESWARA RAO,, S/O. SAMBASIVA RAO, AGE 34 YEARS, OCC DAILY WAGE WORKER, R/O.D.NO.6-8, KODURUPADU VILLAGE, BAPULAPADU MANDAL KRISHNA p. 3 DISTRICT-521110. 19. PUNAGAMATI NAGENDAR RAO,, S/O. CHINNA, AGED 38 YEARS, OCC CULTIVATION, R/O. KODURUPADU VILLAGE BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 20. SRIRAMPURAM SAMBASIVA RAO,, S/O. SATYANARAYANA, AGE 45 YEARS, OCC CULTIVATION, R/O.D.NO.2-3, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 21. SHAIK IMAMSA,, S/O. SANAMULLA, AGE 47 YEARS, OCC COOLIE, R/O.D.NO.5-46, KODURUPADU VILLAGE, SHOBANADRIPURAM, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 22. GARIKIPATI SOBHANADRI,, S/O. VENKATESWARA RAO, AGE 69 YEARS, OCC CULTIVATION, R/O. D.NO.2-61, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 23. PADIGI DURGA RAO,, S/O. RAMARAO, AGED 42 YEARS OCC CULTIVATION, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT-521110. 24. SHAIK SALEEM,, S/O. BAJI, AGE 45 YEARS, OCC COOLIE, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 25. KANDULA RANGA RAO,, S/O. RATTHAIAH, AGE 69 YEARS, OCC CULTIVATION, R/O.D.NO.2-51, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, KRISHNA DISTRICT AT MACHILIPATNAM - 521001. 3. THE DISTRICT PANCHAYAT OFFICER, MACHILIPATNAM, KRISHNA DISTRICT-521001. Page 4 of 7 4. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT - 521001. 5. THE KODURUPADU GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY -CUM- PANCHAYAT SECRETARY, KODURUPADU VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT - 521110. 6. THE TAHSILDAR, BAPULAPADU MANDAL KRISHNA DISTRICT - 521105. 7. INSTITUTION OF LOKAYUKTA OF ANDHRA PRADESH, REP.BY ITS REGISTRAR, DOOR NO 96/3-72-124-1 PRASADS COMPLEX, SANTOSH NAGAR COLONY, KURNOOL, ANDHRA PRADESH - 518006. 8. CHANDU SATYANARAYANA, S/O. VEERA RAO, R/O. KODURUPADU VILLAGE, BAPULAPADU MANDAL KRISHNA DISTRICT - 521110. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring proceedings in Roc. No. 15/2023 issued on 16.06.2025 by the 6th Respondent and consequential action of Respondents in contemplating to evict the Petitioners from their respective agricultural landed properties covered by Sy. No. 133 of Kodaurupadu Village of Bapulapadu Mandal in Krishna District, without considering their reply/ objections, submitted on 15.05.2025 and 17.06.2025, as illegal, irregular, irrational, and contrary to the Order, dated 21.04.2025 in WP. No. 6791 of 2025 and offends Articles 14, 21 and 300-Aof the Constitution of India and consequently direct the Respondents not to interfere in any manner with possession and enjoyment of Petitioners over their said lands and pass 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 to suspend the operation of proceedings in Roc. No. 15/2023, dated 16.06.2025 issued by the 6th Respondent, and consequently direct the Respondents not to interfere in any manner with possession and enjoyment of Petitioners over their agricultural lands covered by Sy. No. 133 of Kodurupadu Village of p. 5 Bapulapadu Mandal in Krishna District, pending disposal of main Writ Petition and pass Counsel for the Petitioner(S): 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ::ORDER :: Assailing the notice vide Roc.No.15/2023, dated 16.06.2025, issued by the Panchayat Secretary of respondent No.6, the above writ petition was filed. 2. Heard Sri Sita Ram Chaparla, learned counsel for the petitioners and Sri Rajesh, learned Assistant Government Pleader, appeared for respondents 1 to 4; Sri Y. Koteswara Rao, learned Standing Counsel, appeared for respondents 5 & 6 and Ms. Usha, learned Assistant Government Pleader, appeared for respondent No.7. 3. Learned counsel for the petitioners would submit that the petitioners earlier filed W.P.No.6791 of 2025, and the said writ petition was disposed of on 21.04.2025. He would also submit that the petitioners submitted an explanation on 15.05.2025 (Ex.P3). Thereafter, the petitioners also sent another explanation by registered post dated 17.06.2025 (Ex.P2). The Panchayat Secretary of respondent No. 6, without considering the explanation vide Ex. P3 and the registered post vide Ex. P2, passed the order impugned in the writ petition with an anti-date. Learned counsel would also submit that no inquiry was conducted by the Panchayat Secretary of respondent No.6. 4. Sri Y. Koteswara Rao, learned Standing Counsel, on written instructions of respondent No.6, would fairly submit that no inquiry was undertaken by the Panchayat Secretary, in pursuance of the order dated 21.04.2025 passed in p. 6 W.P.No.6791 of 2025. Learned counsel would also submit that the Panchayat Secretary of respondent No.6 will conduct an inquiry by affording an opportunity of hearing to the petitioners and pass a reasoned order. 5. Given the instructions, pending the writ petition will not serve any purpose, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, with the following directions: (i) The notice vide Roc.No.15/2023, dated 16.06.2025, issued by the Panchayat Secretary of respondent No.6, is hereby set aside. (ii) The learned Panchayat Secretary of respondent No.6 shall fix a date, issue notice to the petitioners and conduct an inquiry by affording an opportunity of hearing to the petitioners. (iii) The petitioners shall cooperate during the course of the inquiry, and are at liberty to file additional documents, if any, during the inquiry. (iv) The learned Panchayat Secretary of respondent No.6 shall pass a reasoned order and complete the said exercise within three (03) months from the date of receipt of a copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.02.2026 TVN p. 7 237 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3567 of 2026 Date: 10.02.2026 TVN