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High Court of Andhra Pradesh · body

2025 DAILYLAW 17219 (AP)

PADIRI MUNEMMA v. THE STATE OF AP

WP/12224/2025 · 2025-05-06

Venkateswarlu Nimmagadda

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

't;H [ 3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12224 OF 2025 Between; Padiri Munemma, W/o. Late Padiri Radha Reddy, Aged 48 years, Occ: Cultivation, R/o. D.No.5-30A, Bajanagudi Street, Arepalli Village, Chandragiri Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupati District at Tirupati. 3. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati District. 4. The Tahsildar, Chandragiri Mandal, Tirupati District. 5. Dharmaiah, S/o. Late Lakshmaiah, R/o. Arepalli Village, Chandragiri Mandal, Tirupati District. 6. E. Nagaraju, S/o. Late Subramanyam, R/o. Arepalli Village, Chandragiri Mandal, Tirupati District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly action of A**" respondent at the instance of 5th and one 6th respondent in insisting the petitioner to provide road through agricultural land admeasuring an extent of Ac.0.90 cents her covered by S.N0.229/2A situated at Arepalli Revenue Village of Chandragiri Mandal in Tirupati District, to reach the lands of respondent No. 5 and 6 though they have alternative way and initiating proceedings to that effect in Ro.C.B/145/2025 and Roc/RSTPT202 412132093 dated 15.04.2025 and 05.03.2024 respectively issued by 4‘^ respondent, as illegal, irregular, irrational, without any authority or sanction of law, violative of principles of natural justice and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents, particularly 4'^ respondent form any road through her said lands and pass such other order or orders as this Hon'ble Court deem fit and prbper in the circumstances of the case. lA NO: 1 OF 2025 not to 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, particularly 4'^ respondent not to form road through petitioner's agricultural lands of Ac.0.90 cents S.N0.229/2A situated at Arepalli Revenue Village of Chandragiri Mandal in Tirupati District, without acquiring land and without paying compensation by suspending the operation of proceedings in R.O.C.B/145/2025 and ROC/RSTPT202412132 093 dt 13.12.2024 issued by the 4*^ respondent. Counsel for the Petitioner(s):SRr. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: any covered by APHC010233712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12224/2025 Between: ...PETITIONER Padiri Munemma AND ...RESPONDENT The State Of Ap Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12224/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: ‘‘....to issue any writ, order or direction more particularly one In the nature of writ of mandamus declaring the action of the respondents, particularly action of 4'^ respondent at the instance of 5^^ and 6'^ respondents In insisting the petitioner to provide road through her agricultural land admeasurng tn extent of Ac.0.09 cents covered by Sy.No.229/2A situated at Arepalli Revenue Village of Chandagirl though they have alternative way and Initiating proceedings to that effect in R0.C.B./145/2025 and ROC/RSTPT202412132093 dated 15.04.2025 and 05.03.2024 respectively Issued by 4'^ respondent, as illegal, Irregular, natural justice and offends Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents, particularly 4 respondent not to form any road through her said lands and pass such other order or orders ” th 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.90 cents in Sy.No.229-2A situated at Arepalli Revenue Village, Chandragiri Mandal, Tirupathi District having acquired the same by way of inheritance. Since the date of succession, the petitioner along with her family 3. members have been in peaceful possession and enjoyment of the subject land. On recognizing her long standing possession, respondent No.4 mutated her name as pattadar in the revenue records and issued pattadar passs book and title deed in her favour. While so, respondent No.4 herein issued notice dated 15.04.2025 alleging that the petitioner herein has encroached the subject land which Is classified as vagu poramboke and thereby directing the petitioner herein to appear in person before the respondent No.4 along with all the required records. Pursuant to the said notice, the petitioner herein submitted her explanation dated 17.04.2025 to the respondents. Even after receipt of the explanation submitted by the petitioner, the respondents neither considered the same nor issued any proceedings. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader appearing for the respondents submits that the explanation dated 17.04.2025 submitted by the petitioner pursuant to the notice dated 15.04.2025 would be considered by the respondents in accordance with law, within a reasonable time. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the explanation dated 17.04.2025 submitted by the petitioner pursuant to the notice dated 15.04.2025 issued by the respondents and pass appropriate orders by giving reasons for such determination, after providing 5. opportunity of hearing to all the parties concerned, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/-A. VIJAYABABU assistant registrar //TRUE COPY// SECTI(^OFFICER To 1. The Principal Secretary to the Government, Revenue Department,State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.[By Special Messenger] 2. The District Collector, Tirupati District at Tirupati. 3. The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati District. 4. The Tahsildar, Chandragiri Mandal, Tirupati District. 5. Dharmaiah, S/o. Late Lakshmaiah, R/o. Arepalli Village, Chandragiri Mandal, Tirupati District. 6. E. Nagaraju, S/o. Late Subramanyam, R/o. Arepalli Village, Chandragiri Mandal, Tirupati District.[2 to 6 by RPAD] 7. One CC to SRI. NIMMAGADDA REVATHI Advocate [OPUC] 8. TwoCCsto GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies HIGH COURT DATED:07/05/2025 ORDER 'fS" S 7 0 JUN 2075 m WP.No.12224of 2025 09 ★ THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS