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2025 DAILYLAW 18180 (AP)

ROKKALA ANNAPURNESWARI v. THE STATE OF ANDHRA PRADESH

WP/13764/2025 · 2025-06-15

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010252102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13764 OF 2025 Between: Smt. Rokkala Annapurneswari, w/o. Katikatala Krishnabbu, Aged about 64 years, Occ Retired Teacher, R/o. Flat No. S1, S2, 3'^^ Floor, Sai Srinivas Nilayam, Srinivasa Colony, Near Hariviliu Lanco Hills Road, Manikonda, K.V. Ranga Reddy District, Telangana State, India. Aadhaar Card No.3898 8470 1161. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Village, Thullur Mandal, Guntur District, Andhra Pradesh, India. 2. The District Collector, Dr.B.R. Ambedkar Konaseema District, Amalapuram, Andhra Pradesh, India. 3. The Tahsildar, Allavaram Mandal, District, At Amalapuram, Andhra Pradesh, India. 4. Kusuma Rani, D/o.Jaya Rao, aged about 57 years, Occ Housewife, R/o. D.No. 5-18, Komarigipatnam Village, Allavaram Mandal, Dr.B.R. Ambedkar Konaseema District, Andhra Pradesh, India. At Dr. B.R. Ambedkar Konaseema ...Respondents (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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not considering the representation dated 05-03-2024 filed by the petitioner in respect of her property in R.S. No. 481/9 to an extent of AC.0.08 >2 Cents situated at Komaragiripatnam Village, Allavaram Mandal, Dr.B.R.Ambedkar Konaseema District as illegal, arbitrary, and in violation of Principles of Natural Justice and in violation of Articles 14, 16, 19, 21 and 300-A of the Constitution of India, consequently direct the respondent No. 2 to consider the Representation dated 05-03-2024 filed by the petitioner forthwith by removing the illegal construction raised by 4th respondent over petitioner's above said property. 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. 2 and 3 to remover the illegal construction raised by the 4*^ respondent in petitioner's land in R.S. No. 481/9 to an extent of Ac.0.08 V2 Cents situated at Komaragiripatnam Village, Allavaram Mandal, Dr.B.R.Ambedkar Konaseema District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI VENKATA RAGHU MANNEPALLI Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: — The Court made the following: APHC010252102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13764/2025 Between: ...PETITIONER Rokkala Annapurneswari AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1. VENKATA RAGHU MANNEPALLI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13764/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 2 in not considering the representation dated 05-03- 2024 filed by the petitioner in respect of her property in R.S. No. 481/9 to an extent ofAC.0.08l/2 Cents situated at Komaragiripatnam Village, Allavaram Mandal, Dr.B.R.Ambedkar Konaseema District as illegal, arbitrary, and in violation of Principles of Natural Justice and in violation of Articles 14, 16, 19, 21 and 300-A of the Constitution of India, consequently direct the respondent No. 2 to consider the Representation dated 05-03-2024 filed by the petitioner forthwith by removing the illegal construction raised by 4^^ respondent over petitioner’s above said property and to pass ” Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader appearing for the respondents. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the property in R.S. No.481/9 to an extent of Ac.0.08i/2 Cents situated at Konaragiripatnam Village, Allavaram Mandal, Dr.B.R.Ambedkar Konaseema District, respondent is interfering with the possession of the petitioner by occupying the 3. th It is further submitted that the 4 - •—;b 1 3 above subject property of the petitioner. Stating the same, the petitioner submitted a representation dated 05.03.2024, to the 2'^^ respondent. Till date, the 2""^ respondent did not consider the same and no action has been taken against the 4*'' respondent. Hence, the Writ Petition. On the other hand, the learned' Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 3'"^ respondent vide Ref.A/289/2025, dated 15.06.2025, wherein, the relevant portion is usefully extracted hereunder: 4. “It is submitted that, Smt Kusama Rani respondent No.4 has filed O.S No. 298 of 2024 in Hon’ ble Civil Judge Junior Division, Amalapuram for the land an extent of 0.8 1/2 cents , the case is pending at Hon’ ble court. In this juncture, it is submitted that the Petitioner and the 4^'’ respondent both predecessors are relatives, and a long time relation with among the family members, hence it is requested to grant time for enquire the issue and what are the incidents have been occurred during the transaction of the property and who are the owner of the property” Learned Assistant Government Pleader further submits that the 2'"'^ 5. respondent would consider the said representation and will pass appropriate orders. 6. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondents and 1^, 4 % perusal of the written instructions issued by the 3'"^ respondent dated 15.06.2024, this Court is of the considered view that the present Writ Petition be disposed of directing the respondent No.2 to consider the petitioner’s representation dated 05.03.2024 and pass appropriate orders within a period of three (03) months after providing an opportunity of personal hearing to the petitioner and other stake holders, if any, in accordance with law. on can With the above directions, the Writ Petition is disposed of. There shall 7. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, Revenue 1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat Buildings, Velagapudi Village, Thullur Mandal Guntur District, Andhra Pradesh, India. 2. The District Collector, Dr.B.R. Ambedkar Konaseema District, Amalapuram, Andhra Pradesh, India. 3. The Tahsildar, Allavaram Mandal, District, At Amalapuram, Andhra Pradesh, India.. 4. Kusuma Rani, D/o.Jaya Rao, aged about 57 years, Occ Housewife, R/o. D.No. 5-18, Komarigipatnam Village, Allavaram Mandal, Dr.B.R. Ambedkar Konaseema District, Andhra Pradesh, India. 5. One CC to SRI. VENKATA RAGHU MANNEPALLI Advocate [OPUC] 6. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies At Dr.B.R. Ambedkar Konaseema sree .-Sr ‘ xV: HIGH COURT DATED:16/06/2025 ORDER WP 13764/2025 Y ] 1 Jill 2025 o^ ^ Current secwon ^ o rrs ca DISPOSING OF THE W.P. WITHOUT COSTS