Andhra Pradesh High Court
WP/12543/2025 of D MOHAN REDDY Vs THE STATE OF ANDHRA PRADESH on 1 April 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12543/2025 Between: 1. D MOHAN REDDY, S/O. RAMI REDDY, AGED ABOUT 55 YEARS, BUSINESS
APHC010252162025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY,THE SECOND DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 12543/2025
Between:
1. D MOHAN REDDY, S/O. RAMI REDDY, AGED ABOUT 55 YEARS, BUSINESS RESIDING AT YOGANANDA COLLEGE CAMPUS
ELAMANDYAM VILLAGE AND POST RENIGUNTA MANDAL, TIRUPATI DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, WATER RESOURCES
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP.
BY ITS PRINCIPAL SECRETARY
2. THE ASSISTANT ENGINEER IRRIGATION, , WATER RESOURCES
DEPARTMENT, RENIGUNTA TIRUPATI DISTRICT
3. THE COLLECTOR, TIRUPATI DISTRICT, TIRUPATI
4. THE TAHSILDAR, , RENIGUNTA MANDAL, RENIGUNTA, TIRUPATI
DISTRICT
5. THE ELAMANDYAM GRAM PANCHAYAT, REP BY ITS SECRETARY, ELAMANDYAM, RENIGUNTA MANDAL, TIRUPATI DISTRICT
...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 Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring high handed actions of
respondents no.2 to 5 in seeking to demolish the Educational Institutions Buildings situated in Sy.No.243,244,245 and 246 of Elamandyam Gram Panchayat, Renugunta Mandal, Tirupathi District arbitrary, illegal, unjust, colourable exercise of power, violative of principals of natural justice, violative of The Fundamental Rights guaranteed under Articles 14, 19 and 21, apart from being violative of the Constitutional Right guaranteed under Article 300- A of the Constitution of India and consequently direct the respondents not to demolish and interfere with the peaceful possession and enjoyment 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 demolish and interfere with the educational institutions buildings situated in Sy.No.243, 244, 245 and 246 of Elamandyam Gram Panchayat, Renugunta Mandal, Tirupathi District, pending disposal of the above 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 vacate the interim order dated 06.05.2025 in IA.N0.I of 2025 in WP.No. 12543 of 2025 and dismiss the writ petition in the circumstances of the case.
IA NO: 3 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 Vacate the interim order dated;06.05.2025 passed in
I.A.NO.1 of 2025 in W.P. No.12543 of 2025 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 May be pleased to vacate the order dated 06.05.2025 passed orders in W.P.
No.12543 of 2025 in the interest of justice and pass Counsel for the Petitioner:
1. PAWAN KUMAR MALAPATI
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR IRRI AND CAD
3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:
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ORDER:
The grievance of the petitioner, in short, is that, without following the procedure contemplated under law, the respondent authorities are high handedly attempting to demolish the petitioner’s structures.
2. Heard Sri C.V.R.Rudra Prasad, learned counsel assisted by Sri M.Pawan Kumar, learned counsel for the petitioner and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, appearing for the respondents.
3. Learned Assistant Government Pleaders for Irrigation and Revenue, in one voice, contended that the petitioner has encroached upon the Government land and thereby made constructions, and that, in fact, a joint inspection has been conducted and the encroachments have been identified.
4. Learned counsel for the petitioner refuted the same and contended that no joint inspection took place.
5. Learned Assistant Government Pleaders submitted that the authorities are ready and willing to conduct the joint inspection once again, and that they would follow procedure contemplated under law before taking any steps against the petitioner.
6. In view of the submissions made, this Court, without going into the merits and demerits of the case, is inclined to dispose of the writ petition by passing the following order:-
“The respondent authorities are directed not to interfere with the petitioner’s possession except under due process of law.”
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________
JUSTICE RAVI CHEEMALAPATI
Date: 02.04.2026. JLV
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 12543/2025
Date: 02.04.2025. JLV