Botta Chandravathi, v. The State of Andhra Pradesh,
WP/12476/2025 · 2025-05-07
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17573 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17573 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12476 OF 2025 Between: Botta Chandravathi, W/o Srinu, Age 33 yrs, Occ: Housewife, R/o Nellupudi Village, Gangavaram (Agency) Mandal, Alluri Sitha Rama Raju District. ...PETITIONER AND
1. The State of Andhra Pradeshy Rep. by its Principal Secretary, Welfare Department, Secretariat, Velagapudi, Guntur District. 2. The Special Deputy Collector, Tribal Welfare, Rampachodavaram Sitha Rama Raju District. 3. The Tahsildar, Gangavaram (Agency) Mandal, Gangavaram, Alluri Sitha Rama Raju District. X Yadala Veerabbai, S/o Narayya, R/o Nellipudi Village (Agency) Mandal, Alluri Sitha Rama Raju District. 5. Yadala Suri Babu, S/o Veerababu, R/o Nellipudi Village, Gangavaram (Agency) Mandal, Alluri Sitha Rama Raju District. Tribal Alluri Gangavaram ...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 pteased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd respondent and his subordinate staff seeking to disposes the petitioner from her property to an extent of 451 Sq. Yards (Ac 0.09 cts) of house site in Sy.No.13/2 of Nellipudi
Village, Gangavaram (Agency) Mandal, Alluri Sitha Rama Raju District illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from her property without following the due process of law, in the interest of Justice. as X lA NO: 1 OF 2Q2fi 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 3rd respondent and his subordinate staff not interfere and dispossess the petitioner from her property to an extent of 451 Sq. Yards (Ac 0.09 cts) of house site in Sy.No.13/2 of Nellipudi Village, Gangavaram (Agency) Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition. to X Counsel for the Petitioner: SRI K VENKATESH Counsel for the Respondent Nos. 1 & 2: GP FOR SOCIAL WELFARE Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos. 4 & 5: — Th^Court made the following: ORDER
APHC010239262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0;i!S [3329] •-N!
THURSDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1247fi/2n2.^ Between: Botta Chandravathi ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KVENKATESH Counsel for the Respondent(S):
1.GP FOR REVENUE s^.GP FOR SOCIAL WELFARE ' The Court made the following: ...RESPONDENT(S)
2 f THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12476/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^^ respondent and his subordinate staff seeking to disposes the petitioner from her property to an extent of 451 Sq. Yards (Ac. 0.09 cts) of house site in Sy. No. 13/2 of Nellipudi Village, Gangavaram (Agency) Mandal, Alluri Sitha Rama Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from her property without following the due process of law, in the interest of Justice a such other order. ” pass I /v_/
2. During hearing,
learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere and dispossess the petitioner from the subject property without following due process of X law.
3. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law.
4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioner is in settled
3 possession and enjoyment of the subject property, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.^’’. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to interfere and dispossess the petitioner from the subject property, except by following due process of law.
5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
^ 2004 (1)SCC 769 //TRUE COPY// Sd/- K J RAJA BABU ASSISTANT GISTRAR KSECTION OFFICER
1. The Principal Secretary, Tribal Welfare Department, Secretariat Velagapudi, Guntur District.
2. The Special Deputy Collector, Tribal Welfare, Rampachodavaram , Alluri Sitha Rama Raju District.
3. The Tahsildar, Gangavaram (Agency) Mandal, Gangavaram, Alluri Sitha Rama Raju District.
4. One CC to Sri K Venkatesh Advocate [OPUC]
5. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh!
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies TF
HIGH COURT DATED:08/05/2025 \ \
ORDER WP.No.12476 of 2025 IS DISPOSING OF THE W.P., WITHOUT COSTS