Andhra Pradesh High Court - Amravati
T Syamalamma vs The State Of Ap on 10 November, 2025
Author: D Ramesh
Bench: D Ramesh
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE TENTH DAY OF NOVEMBER,,
TWO THOUSAND^AND TWENTY FIVE
iPRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 30728 OF 2025
Between:
1. T Syamalamma, w/o T.Reddeppa @ T.Redddepa Reddy aged about 78
years r/o D.No.3-41, Thattivaripalli village madanapalle mandal
annamayya district
2. Sri Thatti Sreenivasulu Reddy, s/o T.Reddeppa @ T.Redddepa Reddy
aged about 54 years r/o D.No. 3-189-9-5, Gollapalli village madanapalle
town and mandal annamayya District
3. Sri Thatti Mohan Reddy, s/o T.Reddeppa @ T.Redddepa Reddy aged
about 45 years, r/o D.No.3-41, Thattivaripalli village madanapalle
mandal annamayya district
4. Sri K.Prasad Babu, s/o Kondapalli Narasimhulu aged about 44 years,
r/o D.No. 3-189-10-1, Gollapalli village madanapalle town and mandal
annamayya District
...Petitioners
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary
Department of Revenue, AP Secretariat Buildings Velagapudi, Guntur
District.
2. The District Collector, Annamayya District.
3. The Tahsildar, Madanapalle Mandal Annamayya District.
4. The State of Andhra Pradesh, Rep by its Principal Secretary
Department of Home, AP Secretariat Buildings, Velagapudi, Guntur Dist
5. The Superintendent of Police, Annamayya District at rayachoty.
6. The Circle Inspector of Police, Madanapalle II town PS. Madanapalle
mandal annamayya District
7. Mejary Muralidhar, s/o Ramanaiah aged about 45 years Ayodhya nagar
madanapalle annamayya district
... Respondents
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 an appropriate writ more in the nature of Writ of Mandamus
declaring the action of the Respondent No.S/Tahsildar madanapalle
annamayya district in issuing the impugned proceedings MC No.398/2025 dt.
27-10-2025 in so far the petitioners nos 2 to 4 are concerned and the Cl of
Police II town PS madanapalle /R6 directing the petitioners nos 2 to 4 not to
enter into the subject land in syno. 552/3, extent Ac.2-75 cents, of
Bandameedakammapalle (BKPalle) village of madanapalle mandal
annamayya district (old Chittoor district) pending the MC No. 398/2025
proceedings dt.27-10-2025 issued by the R3/tahsildar as being illegal and
arbitrary, and violating Articles 14, 16, 19, 21 and 300 A of the Constitution of
India and also in contravention of the civil court decree, final judgment, and
also the interim injunction order obtained by the petitioner no.1 against the
respondent no. 7 herein in pending civil suit and consequentiall y set aside the
impugned proceedings of the Tahsildar madanapalle mandal annamayya
district vide impugned proceedings MC No.398/2025 dt.27-10-2025 in so far
as the petitioner nos 2 to 4 are concerned and further direct the Cl of Police II
town PS madanapalle not to restrain the petitioners nos2 to 4 from entering
the subject land in syno. 552/3, extent Ac.2-75 cents, of
Bandameedakammapalle (BKPalle) village of madanapalle mandal
annamayya district (old Chittoor district) and issue such other writ or order or
direction as deemed fit and proper in the circumstances of the case
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 For the reasons stated in the accompanyingaffidavit,
filed in support of writ petition Pending disposal of the writ petition this
honorable court may kindly stay the operation of the impugned proceedings
MC No.398/2025 dt.27 10-2025 in so far as the petitioner nos 2 to 4 are
concerned issued by the tahsildar madanapalle annamayya district and further
direct the Cl of Police II town PS madanapalle not to restrain the petitioners
nos.2 to 4 from entering the subject land in syno. 552/3, extent Ac.2-75 of
Bandameedakammapalle (BKPalle) village of madanapalle mandal
annamayya district (old Chittoor district) and issue such other order or
direction as deemed fit and proper in the circumstances of the case., Pending
disposal of WP 30728 of 2025, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of S S
BHATT Advocate for the Petitioners, GP FOR REVENUE AND HOME for R1
to R6 and the Court made the following.
ORDER:
Learned counsel for the petitioner mainly relied on the orders passed by the learned I Additional Junior Civil Judge, Madanapalle In I.A.No.421/2016 in O.S.No.312/2016 wherein the 1®* petitioner as well as respondent No.7 herein are parties. After considering the record, the trial Court has granted injunction In favour of the petitioner therein restraining the respondents therein and their men from interfering with the petitioner's peaceful possession and enjoyment over the property.
While pending civil litigation, the official respondents ought not to pass orders under Section 130 of the B.N.S.S. Section 130 of B.N.S.S clearly mandates the Magistrate to show cause under section and to make an order in writing passed on the substantive information the amount of bond to be executed for which it is to be in force for a number of sureties.
After receipt of notice Sri.V.R.Reddy Kovvuri, filed vakalat on behalf of respondent no.7.
In the instant case, the official respondents have entertained and issued only notice for execution of sureties.
Learned counsel for the petitioners placed his arguments basing on the averments made at paragraph no.6 wherein he has s pecifically made an averment that the Inspector of Police directed the petitioners not to enter into subject land, which is contrary to the orders passed by the civil Court.
Considering the said submissions, the petitioners are permitted to comply the orders dated 27.10.2025 passed by the respondent no.3. At the same time, respondent no.6 herein is directed not to interfere with the possession of the petitioners over the subject property.
Post the matter after four (04) weeks for filing counter-affidav it.
SD/- K.TATA RAO
deputy registrar
//TRUE COPY// SECTION OFFICER
F
To,
1.
The Principal Secretary, State of Andhra Pradesh, Department of Revenue, AP Secretariat Buildings Velagapudi, Guntur District.
2. The District Collector, Annamayya District.
3. The Tahsildar, Madanapalle Mandal Annamayya District.
4. The Principal Secretary, State of Andhra Pradesh, Department of Home, AP Secretariat Buildings, Velagapudi, Guntur Dist (addressee 1 and 4 by Special Messenger)
5. The Superintendent of Police, Annamayya District at rayachoty.
6. The Circle Inspector of Police, Madanapalle II town PS. Madanapalle Mandal, Annamayya District
7. Mejary Muralidhar, s/o Ramanaiah, Ayodhya Nagar, Madanapalle Annamayya District (addressee 2, 3, 5 to 7 by RPAD)
8. One CC to SRI. S S BHATT Advocate [OPUC]
9. Two CCs to GP FOR REVENUE and HOME Departments, High Court of Andhra Pradesh. [OUT]
10. One spare copy HIGH COURT DR,J DATED: 10/11/2025 Post the matter after four (04) weeks for filing counter-affidav it ORDER WP.No.30728 of 2025 DIRECTION