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2025 DAILYLAW 10177 (AP)

BOTTA SATHYAVATHI v. THE STATE OF AP

WP/5736/2025 · 2025-03-05

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5736 OF 2025 Between: Smt Botta Sathyavathi, W/o Botta Apparao. Aged 55 years, Occ: Cultivation, R/o. 2-64, Ambatipeta, Biccavolu, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary for Home Department, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Rajamahendravaram, East Godavari District. 3. The Station House Officer, Biccavolu Police Station, Biccavolu Godavari District. 4. The Tahsildar, Biccavolu, Biccavolu Mandal, East Godavari District. 5. Bera Govindu, S/o Veerraju, aged 45 years. Cultivation and Business, Ambatipeta, Biccavolu, East Godavari District. 6. Bera Lakshmana Kumari, W/o Bera Govindu, aged 40 years. Cultivation and Business, Ambatipeta, Biccavolu, East Godavari District. 7. Bera Ganesh, S/o Bera Govindu, aged 25 years. Cultivation and Business, Ambatipeta, Biccavolu, East Godavari District East ...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 a Writ, Order or direction more particularly on in the • nature of mandamus by directing the Respondent Nos.3 and 4 not to interfere by meddling in any manner with dictating to leave and given up the said scheduled properties at the instigation of Respondents 5 to 7 i.e , the properties owned by me viz.. East Godavari District - Biccavolu Mandal - Biccavolu Village - Sy.Nos.348/2, to an extent of 215 Sq Yards - situated in Ambatipet, Biccavolu Village, East Godavari District bounded by North Road, South Site of Kengam Ganesh S/o Pydiyya, East Site of Inti Ramana S/o Appalaswamy, WEST Site of Kanchustambam Venkanna S/o Narasimhamurthy for some extent and wall of Tattipitikala Seethamahalakshi for some extent, in between East to West 61x52 Feet, North to South 35x33 Feet, in eluding a Cement sheet Roofed thatched hut for Cartel and Haystack, and also in Samalkot Mandal, Brahmadevam Village, under Khata No.1382 / L.P.No.2488 / the old No.516 to an extent of Ac.1.0530 cents of landed property, by calling me to Police Station of Respondent No.3. Pedda survey 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 Respondent No.3 not to call against me by interfering towards to my own and possessed scheduled Godavari District - Biccavolu Mandal - Biccavolu Village - Sy.Nos.348/2 an extent of 215 Sq Yards - situated in in Ambatipet, Biccavolu Village, East Godavari District bounded by: North ; Road, South : Site of Kengam Ganesh S/o Pydiyya, East; Site of Inti Ramana S/o Appalaswamy Site of Kanchustambam Venkanna S/o Narasimhamurthy for and wall of Tattipitikala Seethamahalakshi for East to West 61x52 Feet, North to South 35x33 Feet properties viz.. East to WEST ; some extent some extent, in between including a Cement n sheet Roofed thatched hut for Cattel and Haystack, and also in Samalkot Mandal Pedda Brahmadevam Village, under Khata No. 1382 / L.P.No.2488 / the old survey No.516 to an extent of Ac. 1.0530 cents of landed property, pending disposal of the present writ petition. Counsel for the Petitioner: SRI. P VASU SEKHAR Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 7: NONE APPEARED The Court made the following order: APHC010115322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICB HARINATH.N [3457] WRIT PETITION NO: 5736/2025 Between: Botta Sathyavathi ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.P VASU SEKHAR Counsel.for the Respondent(S): /IGPFOR HOME 2.GPFOR REVENUE ...RESPONDENT(S) The Court made the following Order: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 2. The learned counsel appearing for the petitioner submits that respondent Nos.3 and 4, at the behest of respondent Nos.5 to 7, are interfering with the peaceful possession and enjoyment of the petitioner’s schedule property to an extent of 215 Sq.yards situated at Biccavolu Village in Sy.Nos.348/2. It is submitted that the said property is ancestral property and that the petitioner is in possession '-'i and enjoyment of the said property since long period. The relevant revenue records are also filed by the petitioner. 3. Considering the submissions, there shall be a direction to the respondent Nos.3 and 4 not to disturb the peace of the petitioner,, without following due process of law. 4. With these observations, the writ petition is disposed off at the admission stage. There shall be no order as to costs. 5. Pending miscellaneous petitions, if any^,^all stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR /r //TRUE COPY// SECTION OFFICER To, Principal Secretary for Home Department, State of Andhra 1. The Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Rajamahendravaram, East Godavari District. 3. The Station House Officer, Biccavolu Police Station, Biccavolu, East Godavari District. 4. The Tahsildar, Biccavolu, Biccavolu Mandal, East Godavari District. 5. One CC to Sri. P Vasu Sekhar Advocate [OPUC] 6. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC PRK HIGH COURT DATED:05/03/2025 ORDER WP.No.5736 of 2025 O e 0 6 MAR 2025 J ^ ^ Currtnt Section ^ ^ DISPOSING OF THE WP WITHOUT COSTS