E Murugeshan Reddy Vs the State of Andhra Pradesh

E Murugeshan Reddy, S/o. late M.Munaswamy Reddy, Aged about 67 years, R/o. Cherlopalli Village, Elamarajupalli Post, G.D.Nellore Mandal, Chittoor District.

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M.Chokkalingam Reddy, S/o. late M.Munaswamy Reddy, Aged about 65 years, R/o. Cherlopalli Village, Elamarajupalli Post, G.D.Nellore Mandal, Chittoor District.

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...Petitioners

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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The District Collector, Chittoor, Chittoor District.

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The Revenue Divisional Officer, Chittoor, Chittoor District.

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The Mandal Revenue Officer, Chittoor Mandal, Chittoor District.

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The Village Revenue Officer, Digguva Masapalli, Chittoor Mandal, Chittoor District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may

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be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents 3 to 5 in dispossessing the petitioner from the land in Sy.No.846/8 to an extent of 1/2 cents situated at ^ ^^^^0.0-40 cents, Sy.No.858/9 to an extent of Ac.^1-09 ^ ^ Bangareddypalli Village, Diguva Masanapalli Revenue Village, Chittoor District -as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and consequently direct the Respondents 3 to 5 not to interfere with the possession of the petitioner's land in Sy.No.846/8 to an extent of Ac.0-40 cents, Sy.No.858/9 to an extent of Ac. 1-09 1/2 cents situated a Bangareddypalli Village, Diguva Masanapalli Revenue Village, Chittoor District. lA 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 to direct the Respondents 3 to 5 not to interfere with the possession of the petitioner’s land in Sy.No.846/8 to an extent of Ac.0-40 cents, Sy.No.858/9 to an extent of Ac. 1-09 72 cents situated at Bangareddypalli Village, Diguva Masanapalli Revenue Village, Chittoor District pending disposal of the Writ Petition.

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Counsel for the Petitioners: M/s. Y MAHA LAKSHMI

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following order:

APHC010141172025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 7310/2025

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Between:

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E Murugeshan Reddy and Others

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...PETITIONER{S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.Y MAHA LAKSHMI

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Counsel for the Respondent{S):

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1.GP FOR REVENUE

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The Court made the following:

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T

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7310/2025

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ORDER:

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This writ petition is filed under Article 226 of the^{ConstitutionofIndiato} issue a writ of mandamus declaring the action of respondents in dispossessing the petitioners from the lands admeasuring to an extent of Ac.0.40 cents in Sy.No.846/8 and Ac. 1.0972 cents in Sy.No.858/9 situated at Bangareddypalli Village, Diguva Masanapalli Revenue^{Village,ChittoorDistrict} as illegal and arbitrary; consequently, direct the respondents not to interfere with the peaceful possession of the petitioners subject^property.

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During hearing, learned counsel for the petitioners,^{withouttouchingthe} merits of the case, requested this Court to issue a^{directiontotherespondents} not to interfere with the peaceful possession and enjoyment^{oftheproperty of} the petitioners without following due process of law.

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Learned Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property,^{therespondentswould} follow due process of law and requested to pass appropriate^orders.

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When the petitioners are in settled possession and^{enjoymentofthe} property, the petitioners cannot be dispossessed, without following due process of law in view of the law declared by the Apex^{Courtin“RameGowda}

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(dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”, Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners i.e., the lands admeasuring to an extent of Ac.0.40 cents in Sy.No.846/8 and Ac.1.0972 cents in Sy.No.858/9 situated at Bangareddypalli ViNage, Diguva Masanapalli Revenue Village, Chittoor District, except by due process of law. However, the respondents are at liberty to proceed further in respect of the land (Government land) in Sy.No.858/10 without interfering with the property of the petitioners.

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With the above directions, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs.

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Consequently, miscellaneous petitions pending, if any,^{shallalsostand} closed.

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^ 2004(1) see 769

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//TRUE eOPY//

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SD/-K SRINIVASA RAJU ASSISTAN^EGI^RAR SE^T^OFFieER

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To,

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The Represented by its Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

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