BELLAPUKONDA UMA DEVI v. The State of Andhra Pradesh
WP/12687/2025 · 2025-05-21
Challa Gunaranjan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18342 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18342 (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 TWENTY SECOND DAY OF MAy|§ TWO THOUSAND AND TWENTY FIVE yO /A- 'Pi Vi >•) i’?f %/ / PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12687 OF 2025 Between:
1. BELLAPUKONDA UMA DEVI, W/o BVB Subbaraju, Aged about 42 D.No.30-2-50/l,TotavariVeedhi, DhanammaTalli Temple, Ramachandrapur am. East Godavari District. 533 255. 2. Bellapukonda Venkata Bheemeswara Subba Raju„ S/o Ramachandra Raju, Aged about 47 years, Occ. Business, R/o D.No.30-2-50/1 Totavari Veedhi, Dhanamma Talli Temple, Ramachandrapuram. East Godavari District. 533 255. years, Occ. Business. R/o ...PETITIONER AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Government of Andhra Pradesh, Secrateriat Buildings, Velagapudi Guntur District. 2. The Collector,, East Godavari District. 3. The Revenue Divisional Officer. Peddapuram Division. East Godavari District. r
4. The Tahasildar,, Tondangi Mandal, East Godavari District. (Now Kakinada District
5. The Superintendent of Police,, East Godavari District. (Now Kakinada District)
6. Deputy Superintendent of Police,, SDPO, Peddapuram Division, East Godavari District. (Now Kakinada District)
7. The Station House Officer,, Tondangi Police Station, Tondangi Mandal, East Godavari District. (Now Kakinada District). 8. B Jagan Mohan Rao, S/o not know to the Petitioner Aged major, Occ. Sub-Inspector of Police, Tondangi Police Station, Tondangi Mandal, East Godavari District. (Now Kakinada 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 6th 7th and 8th respondents in interfering with the land of the petitioners in Survey No. 754/2 extent of 3.15 cents situated in Thondangi Mandal, Ontimamidi Village as illegal, aribitrary, unconstitutional against Article 300A of Constitution of India and against well settled principles of law and consequently direct the respondents (i) particularly 6,7 and 8th respondents no to interfere with the lands of the petitioners in Survey No. 754/2 extent of 3.15 cents situated in Thondangi Mandal, Ontimamidi Village, East Godavari District (Now Kakinada District) in any manner (ii) to direct respondents 2,3 and 4 to take action on the complaint/representation dated 28-04-2025 to 5th respondent, 30-04-2025 to the 4th respondent, 01-05-2025 to the 3rd respondent and finally on 02-05-2025 to the 7th respondent (iii) to direct the respondents particularly 2nd, 5th, 5th and 7th respondents to take action forthwith on the
complaint given by the 2ncl petitioner which was registered as Crime No.83/2025 dated 02- 05-2025 on the file of 7th respondent for offences under section 329(3), 325, 351 (2) r/w 190 BNS. , 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 respondents particularly respondents 6th respondents in interfering with the land of the petitoner at instance of unofficial respondents in survey no.754/2 extent of 3.15 acre cents.
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 respondents 2,3 and 4 to take action on the complaint/representation dated 28-04-2025 to 5th respondent, 30-04-2025 to the 4th respondent, 01-05- 2025 to the 3'^'^ respondent and finally on 02- 05-2025 to the 7th respondent. Counsel for the Petitioner : SRI CHALLA AJAY KUMAR Counsel for the Respondents : GP FOR REVENUE (R1 TO R4) Counsel for the Respondents : GP FOR HOME (R5 TO R7) Counsel for the Respondents : GP FOR BATHA PAID (R8) The Court made the following ORDER :
1 APHC010254152025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO; 12687/2025 Between: Bellapukonda Uma Devi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.CHALLA AJAY KUMAR Counsel for the Respondent(S):
1.GPFOR REVENUE The Court made the following Order:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer;
"....pleased to issue appropriate writ
order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 6th 7th and 8th respondents in interfering with the land of the petitioners in Survey No 754/2 extent of 3.15 cents situated in Thondangi Mandai, Ontimamidi Village as illegal aribitrary unconstitutional against Article 300A of Constitution of India and against well settled principles of law and consequently direct the respondents (i) particularly 6, 7 and 8th respondents not to interfere with the lands of the petitioners in Survey No 754/2 extent of 3.15 cents situated in Thondangi Mandai, Ontimamidi Village, East Godavari District (Now Kakinada District) in any manner (ii) to direct respondents 2, 3 and 4 to take action on the complaint/representation dated 28.04.2025 to 5th respondent, 30.04.2025 to the 4th I
2 V, respondent, 01.05.2025 to the 3rd respondent and finally 02.05.2025 to the 7th respondent (in) to direct the respondents particularly 2^^, 5\ 5'^ and 7th respondents to take action forthwith on the complaint given by the 2nd petitioner which was registered as Crime No 83/2025 dated 02.05.2025 on the file of 7th respondent for offences under section 329(3), 325, 351(2) r/w 190 BNS and pass..." Heard
learned counsel for the petitioners and the learned on
2. Assistant Government Pleader for Home. The limited grievance of the petitioners is that, although they are in possession of the subject land by virtue of order passed by the competent civil Court, respondent Nos. 6 to 8 are interfering with their possession and enjoyment of the said land, admeasuring 3.15 cents in Survey No. 754/2 of Thondangi Mandal, Ontimamidi Village.
3.
4. At the time of hearing, the learned Assistant Government Pleader for Home, on instructions submitted that 2^^^^ petitioner made an application/representation to the police concerned and on such representation, police have registered a case in crime No.83 of 2025 for the offences punishable under Sections 329(3), 325, 351(2) read with 190 of the BNS and the case is under investigation. Insofar as the allegations against the respondents that they are interfering with the possession and enjoyment of the petitioners' subject land has been categorically denied. In view of the aforesaid submissions and having regard to the fact that the respondents are not interfering with the possession and
5.
3 enjoyment of the petitioners over the subject land, the grievance of the petitioners stands addressed. Accordingly, the Writ Petition is disposed of. No costs.
6. As a sequel, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department,State of Andhra Pradesh, Government of Andhra Pradesh, Secrateriat Buildings, Velagapudi Guntur District.
2. The Collector, East Godavari District.
3. The Revenue Divisional Officer, Peddapuram Division, East Godavari District.
4. The Tahasildar, Tondangi Mandal, East Godavari District. (Now Kakinada District
5. The Superintendent of Police, East Godavari District. (Now Kakinada District) ^
6. Deputy Superintendent of Police, SDPO,TM^apuram Division, East Godavari District. (Now Kakinada District)
7. The Station House Officer, Tondangi Police^tation, Tondangi Mandal, East Godavari District. (Now Kakinada District).
8. B Jagan Mohan Rao, S/o not know to the Petitioner Aged major, Occ. Sub-Inspector of Police, Tondangi Po)T^ Station, Tondangi Mandal, East Godavari District. (Now Kakinada District).
9. OneCCto SRI. CHALLA AJAY ktiMAR Advocate [OPUC]
10. One CC to GP for HOME vX
r
11. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh [OUT] THREE CD COPIES ■w' i]
12. TAC
HIGH COURT DATED:22/05/2025
ORDER WP.No.12687 of 2025 AND/y^ * 2 « MAY 2025 Oil- ^ . Current section DISPOSING THE WP WITHOUT COSTS