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High Court of Andhra Pradesh · body

2025 DAILYLAW 16487 (AP)

Kanti Reddamma, v. The State of Andhra Pradesh,

WP/11574/2025 · 2025-05-08

T C D Sekhar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

^r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11574 OF 2025 Between: Kanti Reddamma, W/o. Late Kanti Venkata Ramana, Aged about 52 years, R/o.West Harijianawada, Mudivedu Village, Kurabalakota Mandal, Annamayya District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Collectorate, Annamayya District 3. The Tahsildar, Kurabalakota Mandal, Annamayya District 4. The Station House Officer, Mudivedu Police Station, Annamayya District rep by Sub Inspector of Police. ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No. 3 in issuing the Endorsement stating that the land mentioned in the applications is not in the possession of the applicant bearing no (1) Rc. No FL/ 298502/2025 (2) Rc. No. FL/ 298465/2025, (3) Rc.No. FL/ 298486/ 2025 (4) Rc.No. FL/ 298490/ 2025 dated 27-03-2025 as illegal, contrary to law and violative of Art.14,21 of the Constitution of India and contrary to decree and judgment passed dated 09-09-2010 in O.S.no. 10/2010 on the file Senior Civil Judge Court Madanapalle, Chittoor District and decree and Judgment f- dated 23-12-2008 in O.S.No.411/2008 on the file of Principle Junior Civil Judge Court and consequently direct the 3'^^ respondent to conduct survey of the petitioner land situated inSy.No. 401/2A,401/5A an extent of Ac.1.45 Cents and Ac.0.50 Cents, Sy.No.160/2A an extent of Ac.0.79 Cents, Sy.No.183/2B an extent of Ac.0.75 Cents and Sy.No. 255/2 an extent of Ac.4.75 Cents situated at Mudivedu Village Annamayya District and also directing the 4*'' respondent by granting a police aid during the survey of the subjected land. 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 3'^'^ Respondent to conduct survey of the petitioner land situated in Sy.No. 401/2A,401/5A an extent of Ac.1.45 Cents and Ac.0.50 Cents, Sy.No.160/2A an extent of Ac.0.79 Cents, Sy.No.183/2B an extent of Ac.0.75 Cents and Sy.No.255/2 an extent of Ac.4.75 Cents situated Mudivedu Village, Kurabalkota Mandal, Annamayya District and fix the boundaries and furnish the sketch Pending disposal of the Writ Petition. lA 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 to direct the 4‘'^ respondent to provide police protection during the survey of the subject land situated in Sy.No.401/2A,401/5A an extent of Ac.1.45 Cents and Ac.0.50 Cents, Sy.No. 160/2A an extent of Ac.0.79 Cents, Sy.No.183/2B an extent of Ac.0.75 Cents and Sy.No.255/2 an extent of Ac.4.75 Cents, the land situated Mudivedu Village, Kurabalkota Mandal, Annamayya District. ‘ Counsel for the Petitioner: SRI M. VENKATA RAMANA REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER Kurabalkota Mandal, APHC010218342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] ■■ FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11574/2025 Between: ...PETITIONER Kanti Reddamma, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M VENKATA RAMANA REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following order: The petitioner claims that she is the absolute owner and extent of Ac. 1.45 cents, an of Ac.0.79 cents, an extent of extent of Ac.4.75 cents in Sy.Nos.401/2A, 255/2 respectively, situated at Mandal, Annamayya District. It is the mutated in the revenue filed along with the writ that her deceased the file of Senior CiviJ of the land, admeasuring an possessor extent of Ac.0.50 cents, an extent Ac.0.75 cents and an 401/5A, 160/2A, 183/2B and Mudivedu Village, Kurabalkota of the petitioner that her name was records i.e., Form-1 B. The said document is further case of the petitioner case petition. It is husband filed suit vide O.S.No.10 of 2010, on grant permanent injunction against Judge, Madanapalle, seeking to the 3'“ respondent and upon contest, the said suit was decreed by 09.09.2010. She also claims that her judgment and decree dated suit vide O.S.No.411 of 2008 for deceased husband filed another against the subject land, and same dated 23.12.2008. The copies of the was permanent injunction as decree by judgment and decree also filed along with the present writ petition. It is her dated 10.03.2025, same are when she filed application further case that ina to conduct survey and fix boundaries in respect of the subject respondent vide seeing lands, the same was Rc.No.FL/298502/2025, dated 27.03.225. rejected by the 3 2. A perusal of the impugned order would indicate that respondent rejected the application filed by the petitioner ground that she is not in possession of the property. On the contrary, learned counsel for the petitioner filed the rd the 3 on the revenue records to show that she is in possession of the same. Apart from the same, she also relied upon the judgments passed by competent civil courts in favour of her deceased husband in respect of the subject land. 3. Taking into consideration of the documents filed in respect of petitioner’s claim, the impugned order vide Rc.No.FL/298502/2025 , dated 27.03.225, issued by the 3^^ respondent, is hereby set aside and the 3'^^ respondent is directed to consider the application filed by the petitioner in accordance with law and pass appropriate orders thereon, after affording opportunity of being heard to the within a period of six (06) weeks from the date of receipt of petitioner a copy of this order. 4. With the above observation, 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. Sd/- SHAIK MOHD. RAFI ASSISTAN" REGISTRAR //TRUE COPY// SEdTON OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings,Velagapudi, Guntur District. 2. The District Collector, Collectorate, Annamayya District "Tl-ki-w l^iir'^Kolo Urtto monHal Ann?>mp\/\/?i ni^trirt o 4. The Sub Inspector of Police/ Station House Officer, Mudivedu Police Station, Annamayya District. 5. One CC to Sri M. Venkata Ramana Reddy, Advocate [OPUC] 6. Two GO’S to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CC’s to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 0 ^ g 0 6 lUN 2025 ^ . Current Section NiOfspATCVi^^ ORDER WP.No.11574 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS