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2025 DAILYLAW 18333 (AP)

KVL Raja Rajeswari, v. The State of Andhra Pradesh,

WP/12673/2025 · 2025-05-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Spe^^Ofiginal JurJ;sdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAr^" WRIT PETITION NO: 12673 OF 2025 Between: KVL Raja Rajeswari, D/o.Sainath, Aged 21 years, R/o. D.No.7/150, Ramapuram village, KamalapuramMandal, Y.S.R. District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Y.S.R. District at Kadapa. 3. The Revenue Divisional Officer, Kadapa Revenue Division, Kadapa, Y.S.R. District. 4. The Tahsildar, KamalapuramMandal, Y.S.R. District. 5. Koppala Shankar, S/o. Obulesu, Aged about 50 years, R/o. Kamalapuram village, KamalapuramMandal, Y.S.R. District. ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the 4*'' Respondent, at the instance of the Respondent is attempting to evict the Petitioner from her lawfully owned land measuring Ac. 3.50 cents covered by Sy.Nos.280 and 281 situate at Kamalapuram Revenue village and mandal of Y.S.R. District, and the impugned notice in Rc.No.C/KDP202502172298/2025, dated 26.04.2025 issued by the 4 th Respondent, as illegal, irregular, irrational, without application of mind, without specifying any legal authority and without following due process of law and offends article 14, 21 and 300-A^f..-Constitution of India and consequently direct the respondents mot to interfere with petitioners possession and enjoyment over the said landed 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 suspend the operation of notice in Rc.No. C/KDP202502172298/2025, dated 26.04.2025 issued by the 4*^ respondent and consequently direct the respondents not to interfere with petitioner’s possession and enjoyment of land measuring Ac. 3.50 cents covered by Sy.Nos.280 and 281 situate at Karhalapuram Revenue village and mandal of Y.S.R. District, Pending disposal of the main Writ Petition. Counsel for the Petltibner: SRI C.RAJENDRA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following: ORDER APHC010253682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12673/2025 Between; ...PETITIONER KvI Raja Rajeswari, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.RAJENDRAC Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; 2 NV,J W.P.NO.12673OF2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12673/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "... to issue a writ order or direction more particuiariy one in the nature of WRIT OF MANDAMUS declaring the action of the 4"’ Respondent, at the instance of the 5™ Respondent is attempting to evict the Petitioner from her lawfully owned land measuring Ac.3-50 cents covered by Sy.Nos.280 and 281 situate at Kamalapuram Revenue village and Mandal of Y.S.R District and the impugned notice in Rc.No.C/KDP202502172298/2025 dated 26.04.2025 issued by the 4"’ Respondent as illegal, irregular, irrational, without application of mind, without specifying any legal authority and without following due process of law and offends article 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner’s possession and enjoyment over the said landed property and pass... "(in verbatim) Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. The claim of the petitioner is that she is the absolute owner, possessor and enjoyer of land admeasuring to an extent of Ac.3-30 cents in Sy.Nos.280 and Ac.0-20 cents in Sy.No.281 totaling Ac.3-50 cents in Kamalapuram Revenue village and Mandal of Y.S.R.District, having acquired the same through a registered sale deed vide Document No.2932 of 2024, dated 06.03.2024 from Sri Annavajhala Kishore Kumar for a consideration of Rs.6,00,000/- (market value of Rs.42,00,000/-). Her ownership is reflected in online Adangal records (account No.1161) and mutation records (Khata No.5010). The 4^^ respondent mutated her name in the online Web Land Record of^ig^ts, including the adangal and l-B(ROR), under Section 5-A of 3. the Andhra Pradesh Rights in Land and Pattadar Pass Borks^ctTgTr^^^ Pattadar passbook and Title deeds were also issued in her favour. Since, then she is in continuous possession and enjoyment of the subject property. 4. While things stood thus, the 4'^ respondent issued 21.04.2025 and 26.04.2025 at the instance of the 5^'^ a notice dated respondent alleging that the land is reserved for railway purposes and the petitioner’s registration is illegal not valid. Whereas, the notice of the 4'^ respondent is arbitrary, lacks legal authority adjudication. The petitioner responded to the notices, including the third notice dated 26.04.2025, and submitted her explanation dated 03.05.2025. Even after submission of the explanation, the respondents neither considered the explanation nor issued any other proceedings. Hence, the present Writ Petition. 5. On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents submits that it is mandatory duty on part of the respondents to consider the explanation, having issued notices in compliance of the principles of fair and reasonableness, within a reasonable time. Having regard to the submissions made by the both the learned counsel, this court is of the opinion that present Writ Petition can be disposed of directing the respondents to consider the explanation dated 03.05.2025 and pass appropriate orders, after providing an opportunity of hearing to the petitioner and other stake holders, if any, within a period of two (02) months from the date of receipt of a copy of this order. Till such orders 6. are passed. 4 NVJ W.P.NO.12673OF2025 “ Status-quo obtaining as on today in respect of the possession of the subject property shall be maintained by all the parties concerned. With the above direction, the Writ Petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SOI- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// ■ ^ SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Y.S.R. District at Kadapa. 3. The Revenue Divisional Officer, Kadapa Revenue Division, Kadapa, Y.S.R. District. 4. The Tahsildar, KamalapuramMandal, Y.S.R. District. 5. One CC to Sri C. Rajendra, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:08/05/2025 ORDER WP.No.12673 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS