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2026 DAILYLAW 21243 (AP)

S SANDEEP REDDY v. THE STATE OF AP

WP/13968/2025 · 2026-01-04

D Ramesh

body2026

Judgment text

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APHC010277312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13968/2025 Between: 1. S SANDEEP REDDY, S/O LATE S. DIWAKAR REDDY, AGED ABOUT 42 YEARS, OCC BUSINESS R/O PLOT NO. 86 HUDA HEIGHTS MLA COLONY, ROAD NO. 12 BANJARA HILLS HYDERABAD TELANGANA 500034 2. N. BHAGEERATHI,, W/O LATE S. DIWAKAR REDDY, AGED ABOUT 67 YEARS, OCC BUSINESS R/O PLOT NO. 86 HUDA HEIGHTS MLA COLONY, ROAD NO. 12 BANJARA HILLS HYDERABAD TELANGANA 500034 3. S. JANARDHAN REDDY, S/O LATE SUBBA REDDY, AGED ABOUT 77 YEARS, OCC RETIRED EMPLOYEE R/O 97/188-32, VJ ELITE, 5TH FLOOR, BESIDE TURNING POINT UTUKURU KADAPA, ANDHRA PRADESH 516003 4. S. VIJAYA KUMARI, W/O S JANARDHAN REDDY, AGED ABOUT 71 YEARS, OCC HOUSEWIFE R/O 97/188-32, VJ ELITE, 5TH FLOOR, BESIDE TURNING POINT UTUKURU KADAPA, ANDHRA PRADESH 516003 5. Y. SATYA SANDEEP REDDY, S/O PRABHAKAR REDDY AGED ABOUT 42 YEARS, OCC BUSINESS R/O VILLA 19A, HILL RIDGE VILLAS, ISB ROAD, GACHIBOWLI, HYDERABAD-500032 ...PETITIONER(S) 2 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 AND 1. THE STATE OF AP, REVENUE DEPARTMENT, INTERIM GOVERNMENT COMPLEX, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, YSR (KADAPA) DISTRICT ANDHRA PRADESH 3. MANDAL REVENUE OFFICER M R O / TAHSILDHAR, CHINTAKOMMADINNE MANDAL, YSR (KADAPA) DISTRICT ANDHRA PRADESH 4. THE DIVISIONAL FOREST OFFICER, YSR (KADAPA) DISTRICT ANDHRA PRADESH 5. FOREST RANGE OFFICER, YSR (KADAPA) DISTRICT ANDHRA PRADESH 6. FOREST BEAT OFFICER, MADDIMADUGU WEST BEAT YSR (KADAPA) DISTRICT ANDHRA PRADESH 7. THE SUPERINTENDING ENGINEER, G.N.S.S., YSR (KADAPA) DISTRICT ANDHRA PRADESH ...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 topleased to issue a direction or order or Writ more particularly one in the nature of Writ of Mandamus a. declaring the actions of the Respondents, more particularly Respondent No. 2, in illegally and unlawfully interfering with the ownership, possession, and occupation of the Petitioners property admeasuring Ac. 201-17 cents, forming part of Sy. Nos. 201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 Part situated at Chintakommadinn e Village and Mandal, YSR (Kadapa) District, Andhra Pradesh, including by seeking to arbitrarily and high-handedly dispossess the Petitioners from their lawful ownership and possession by issuing proceedings dated 21.05.2025 bearing Ref. No. REV-ESEC0LEA/1/2025-E3-KDPCO as 3 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 being wholly arbitrary, illegal, without jurisdiction, unconstitutiona l, without any authority in law and in gross violation of the rights of the Petitioners, besides being in direct contravention of the law laid down by this Honble Court and the Honble Supreme Court of India, and in gross violation of the principles of natural justice and set aside all such actions and b. Consequently, direct the Respondents herein not to interfere with the peaceful possession, ownership and usage of the Petitioners property admeasuring Ac. 201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 Part situated at Chintakommadinne Village and Mandal, YSR (Kadapa) District, Andhra Pradesh including by not taking coercive steps in any manner whatsoever against the Petitioners and by dropping all further proceedings in relation to the above mentioned Petitioners land and pass IA 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 pleased to direct the Respondents not to interfere with the peaceful possession, ownership and usage of the Petitioners’ property admeasuring Ac. 201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 Part situated at Chintakommadinne Village and Mandal, YSR (Kadapa) District, Andhra Pradesh in any manner whatsoever including by the suspending the effect and operation of the proceedings dated 21.05.2025 bearing Ref. No: REV-ESEC0LEA/1/2025-E3-KDPCO issued by Respondent No. 2 pending disposal of the present Writ Petition and pass IA 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 may be pleased to extend the interim order of Status Quo passed by the Hon’ble Division Bench vide orders dated 05.06.2025 in W.A. No. 684 of 2025, pending disposal of the present Writ Petition, and pass IA NO: 3 OF 2025 4 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 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 may be pleased to extend the interim order of status quo passed by this Hon’ble Court vide order dated 04.07.2025 in W.P. No. 13968 of 2025 until further orders, pending disposal of the present Writ Petition, and pass Counsel for the Petitioner(S): 1. TARUN G. REDDY Counsel for the Respondent(S): 1. THE ADVOCATE GENERAL 2. GP FOR IRRI AND CAD 3. GP FOR FORESTS The Court made the following: 5 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus: (a) declaring the actions of the Respondents, more particularly Respondent No. 2, in illegally and unlawfully interfering with the ownership, possession and occupation of the Petitioners’ property admeasuring Ac. 201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 (Part), situated at Chintakommadinne Village and Mandal, YSR (Kadapa) District, Andhra Pradesh, including the attempt to arbitrarily and high-handedly dispossess the Petitioners from their lawful ownership and possession by issuing proceedings dated 21- 05-2025 bearing Ref. No. REV-ESEC0LEA/1/2025-E3-KDPCO, as wholly arbitrary, illegal, without jurisdiction, unconstitutional, without authority of law, in gross violation of the rights of the Petitioners, in contravention of the law laid down by this Hon’ble Court and the Hon’ble Supreme Court of India, and in violation of the principles of natural justice; and to set aside all such actions; and (b) consequently, to direct the Respondents not to interfere with the peaceful possession, ownership and enjoyment of the Petitioners’ property admeasuring Ac. 201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 6 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 (Part), situated at Chintakommadinne Village and Mandal, YSR (Kadapa) District, Andhra Pradesh, including by restraining them from taking any coercive steps whatsoever against the Petitioners and by dropping all further proceedings in relation to the above-mentioned land; and to pass such other order…” 2. Heard Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of Sri Tarun G. Reddy, learned counsel for the petitioners; Sri Dammalapati Srinivas, learned Advocate General appearing for the 1st respondent–State; learned Assistant Government Pleader for Irrigation appearing for respondent Nos. 2 and 3; and learned Assistant Government Pleader for Forests appearing for respondent Nos. 4 to 7. 3. Considering the submissions made, this Court passed interim orders on 29.05.2025, which read as follows: “The respondents are directed not to interfere with the peaceful possession, ownership and usage of the petitioners’ property admeasuring Ac.201-17 cents, forming part of Sy. Nos. 1599, 1600, 1601, 1602, 1603, 1604, 1606, 1607, 1609, 1610, 1611, 1612, 1613, 1614, 1615, 1617, 1618, 1619, 1620, 1622, 1623, 1624, 1625, 1627 and 1629 (Part), situated at Chintakommadinne Village and Mandal, YSR Kadapa District, Andhra Pradesh, in any manner whatsoever, including by suspending the effect and operation of the 7 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 proceedings dated 21.05.2025 bearing Ref. No. REV- ESEC0LEA/1/2025-E3-KDPCO issued by respondent No. 2.” 4. Subsequently, on 04.07.2025, this Court passed the following interim order: “Status quo obtaining as on today shall be maintained in respect of possession of the subject property by all the parties concerned.” 5. The said interim order has been extended from time to time. 6. After the filing of the counter-affidavit by the 2nd respondent, the matter was taken up for hearing. 7. Sri D. Prakash Reddy, learned Senior Counsel for the petitioners, raised a primary issue contending that the impugned proceedings are not in compliance with the orders dated 10.01.2025 passed by this Court in W.P. No. 900 of 2025. While disposing of the said writ petition, this Court made it clear that the order shall not preclude the authorities from proceeding with any enquiry, if they intend to initiate the same in future, and that the order of status quo would cease to operate the moment any enquiry is initiated by following due process of law. It was further observed that, if any enquiry is initiated, the petitioners shall cooperate with the enquiry by duly responding to the notices issued by the respondent authorities. 8 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 8. Pursuant thereto, the respondent authorities issued a notice dated 12.02.2025, to which the petitioners submitted their explanation on 10.03.2025. Thereafter, the respondent authorities constituted a committee, which conducted the enquiry and submitted its report dated 08.04.2025. Though the participation of the petitioners in the committee proceedings is not disputed, the learned Senior Counsel contended that after submission of the report, the respondent authorities neither furnished a copy of the report to the petitioners nor issued any further notice. When the respondent authorities intended to adjudicate the title of the petitioners, issuance of notice along with supply of the report is mandatory. On this sole ground, the learned Senior Counsel sought to set aside the impugned proceedings dated 21.05.2025. 9. Sri Dammalapati Srinivas, learned Advocate General appearing for the 1st respondent-State, submitted that mere non-supply of the report would not vitiate the proceedings and that the report itself demonstrates the participation of the petitioners in the enquiry, thereby causing no prejudice to them. However, the learned Advocate General fairly conceded that there was a violation of the principles of natural justice on account of non-supply of the report and non- issuance of notice. 10. Considering the submissions made by the learned counsel on either side and upon perusal of the material available on record, this Court is of the opinion 9 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 that, when the respondent authorities are adjudicating the rights of the petitioners and have relied upon the findings of the enquiry report, compliance with the principles of natural justice is mandatory. Accordingly, the respondent authorities are directed to issue notice to the petitioners along with a copy of the report and afford them an opportunity of hearing before passing appropriate orders. Till such time, the status quo order granted by the Division Bench of this Court in W.A. No. 684 of 2025 dated 05.06.2025 shall continue. It is needless to state that the petitioners are at liberty to submit their objections to the respondent authorities. 11. In view of the above, this Court is not inclined to go into the merits of the case. For non-compliance with the principles of natural justice, the impugned proceedings dated 21.05.2025 are hereby set aside, granting liberty to the respondent authorities to issue notice along with the enquiry report dated 08.04.2025 and proceed further in accordance with law. 12. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D. RAMESH 5th January, 2026 cbn 10 DR, J W.P.No.13968 of 2025 Dated 05.01.2026 377 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.13968 of 2025 5th January, 2026 cbn