A writ petition challenging interference with land possession was disposed of by discharging the petitioners and unofficial respondents to settle disputes in a competent civil court. The interim stay was made absolute without further investigation.
Writ petition disposed; direction to set disputes before competent civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
7
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 1606 OF 2023
Between:
...PETITIONER(S)
AND
, f
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- Pamuru Jai Ramesh Reddy, S/o. Late Chandra Sekhar Reddy, Aged about 42 years, R/o. D.No. 24-6-450, Ramnagar, 2nd Street, Dargamitta, Nellore.
- Pamuru Satish Reddy, S/o. Late Chandra Sekhar Reddy, Aged about 37 years, R/o. Akshaya Apartment, 2nd Floor, Vanamthopu,4th Street, Kondayapalem, Nellore.
...RESPONDENTS
Petition
Petition under Article 226 of the Constitution of India prayingthatinthe circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriateWritOrder or Orders or Directions by declaring the action of the Respondents who has interfering into petitioner's peaceful possession and enjoyment of the land in Survey No. 215 A to an extent of Ac 3-40 cents and in Survey No. 215B to an extent of Ac 0-95 cents, totally to an extent of Ac 4-35 cents of the Petitioner No.1, the land in Survey No. 129 to an extent of Ac 2-00 cents and Survey No. 130A1 to an extent of Ac 2-26 cents, totally to an extent of Ac 4-26 cents of the Petitioner No.2, situated at Idimepalli Village, VenkatachalaSatram Mandal,
of S.P.S.R Nellore District as illegal, arbitrary andagainsttheprinciples Natural Justice and consequently direct the Respondentauthoritiesfornotto interfere into the petitioners possession lands inSurveyNo.215Atoanextent of Ac 3-40 cents and in Survey No. 215B to an extentofAc0-95cents,totally to an extent of Ac 4-35 cents of the Petitioner No.1, thelandinSurveyNo.129 to an extent of Ac 2-00 cents and Survey No. 130-AI to an extent of Ac2-26 extent of Ac 4-26 cents of the Petitioner No.2, situatedat cents, totally to an Venkatachalasatram Mandal, S.P.S.R Nellore District, Idimepalli Village, without following due process of law
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to direct the Respondent authorities for notto interfere into the petitioners possession land in Survey No. 215 A toanextentofAc3-40cents and in Survey No. 215B to an extent of Ac 0-95 cents,totallytoanextentof Ac 4-35 cents of the Petitioner No. 1, the land in Survey No. 129toanextentof Ac 2-00 cents and Survey No. 130-AI to an extent ofAc2-26cents,totallyto an extent of Ac 4-26 cents of the Petitioner No. 2, situated at Idimepalli S.P.S.R Nellore District, pending Village, Venkatachalasatram Mandal disposal of the above writ petition
Counsel for the Petitioner(s):SRI. V ROOPESH KUMARREDDY
Counsel for the Respondents No.R1,R3,R5 and R7: GPFORREVENUE
Counsel for the Respondents No.R2,R4,R6,R8 and R9:GPFORHOME
The Court made the following: ORDER
TT'
ik
APHC010032962023
■ K.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
[3310]
MONDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 1606/2023
Between:
Yeluru Ranga Reddy and Others
...PETITIONER{S)
AND
...RESPONDENT(S) The State Of Andhra Pradesh and Others
Counsel for the Petitioner(S):
1.V ROOPESH KUMAR REDDY
Counsel for the Respondent(S):
1.GP FOR REVENUE
3.S1VAPRASAD REDDY VENATl
The Court made the following Order:
This Writ Petition is filed, under Article 226 of theConstitutionofIndia,
seeking the following relief;
“ to issue a Writ of Mandamus or any other appropriateWritOrderor Orders or Directions by declaring the action of theRespondentswhohas interfering into petitioners peaceful possession andenjoymentofthelandin Survey No.215A to an extent of Ac.3.40 cents and inSurveyN0.215Btoan extent of Ac.0.95 cents, totally to an extent of Ac.4.35centsofthePetitioner No1, the land in Survey No.129 to an extent of Ac.2.00centsandSurvey No 130-A1 to an extent of Ac.2.26 cents, totally toanextentofAc.4.26centsof
H..
3^
the Petitioner No.2, situated at Idimepalli Village,VenkatachalasatramMandal, S.P.S.R Nellore District, as illegal, arbitrary and against the principles of Natural Justice and consequently direct the Respondentauthoritiesfornotto interfere into the petitioners possession lands inSurveyNo.215Atoanextent of Ac.3.40 cents and in Survey N0.215B to an extentofAc.0.95cents,totallyto an extent of Ac.4.35 cents of the Petitioner No.1, the land in Survey No.129 to an extent of Ac.2.00 cents and Survey No.130-A1 toanextentofAc.2.26cents totally to an extent of Ac.4.26 cents of the PetitionerNo.2,situatedatIdimepalli Village, Venkatachalasatram Mandal, S.P.S.R NelloreDistrict,withoutfollowing due process of law...."
- Mr.V.Roopesh Kumar Reddy, learned counsel for the petitionersand learned Assistant Government Pleader for Revenue appearingfortheofficial respondents as well as Mr.Siva Prasad Reddy Veneti,learnedcounselforthe unofficial respondents are present.
- Learned counsel for the petitioners submits that the petitioners’s ancestors have got land to an extent of Ac.4.01 cents in Survey No.129, Ac.6.82 cents in Survey No.lSOA, Ac.2.45 cents in SurveyNo.1SOB,Ac.2.20 cents in Survey No.170C and Ac.7.81 cents in SurveyNo.215,totallytoan extent of Ac.23.29 cents, situated at Idimepalli Village,Venkatachalasatram Mandal, SPSR Nellore district. The above said landwasgotpartitionedbyone Pamuru Raghunadh Reddy, Pamuru Chandra Sekhar Reddy and Yeluru Krishnavenamma. Through the said partition, the petitionersmotherYeluru Krishnavenamma got the share which was in possessionandenjoymentof the petitioners vide Survey No.215A to an extent ofAc.3.40centsandSurvey N0.215B to an extent of Ac.0.95 cents, totally to anextentofAc.4.35centsof
/
th© 1®* pstitioner and Survsy No. 129 to an extentofAc.2.00centsandSurvey NO.130-A1 to an extent of Ac.2.26 cents, totally toanextentofAc.4.26cents of the 2"'^ petitioner and both the lands were situatedatIdimepallivillage, Venkatachalasatram Mandal, SPSR Nellore district. Hefurthersubmitsthat the 10'^ and 11'^ respondents who were no way concernedwiththelandsin possession of petitioners, with a view to grab thesaidlands,startedcreating problems to the petitioners by influencing the respondent authorities and obstructing the petitioners in respect of said subjectland.
I
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR
//TRUE COPY//
SECTIOfi ^FICER
To
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about 42 years, R/o. Nellore.
I
ROOPESH KUMAR REDDY Advocate [OPUC] 12. One CC to SRI. V
14.Three CD Copies
VS
HIGH COURT
DATED:06/05/2024
ORDER
WP.No.1606 of 2023
O 0\i
g 17 JAN 2025 S
DISPOSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the High Court should intervene in private land possession disputes before the competent civil court.
Whether directions issued in interim orders should be made absolute or require settlement of disputes first.
Yeluru Ranga Reddy
Yeluru Krishna Reddy
Pamuru Jai Ramesh Reddy
Pamuru Satish Reddy
State of Andhra Pradesh
District Collector, SPSR Nellore
K MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
