Extracted from the PDF above. The PDF is authoritative.
APHC010274572025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13538/2025 Between: Bolem Ramanamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. P NANILU NAIDU Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS The Court made the following ORDER:
Heard Sri P.Nanilu Naidu, learned counsel for the petitioner and Sri Rasheed, learned Assistant Government Pleader for Roads & Buildings for respondents 1, 3 & 4 and Sri Bhagat Singh, learned Assistant Government Pleader for Revenue for respondents 2 & 5.
2. The above writ petition is filed to declare the action of Respondents 3 to 5 in attempting to demolish the petitioner’s residential house bearing H.No. 5- 39, situated in Sy. No. 120 of Tamaram Village, Makavarapalem Mandal, Anakapalli District (hereinafter referred to as the 'subject property'), without following due process of law, as illegal and arbitrary.
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3.
Learned counsel for the petitioner submits that the petitioner’s husband, during his lifetime, constructed a house in the aforementioned survey number and passed away in the year 2013.
4. Be that as it may, respondents 3 to 5 attempted to demolish the petitioner’s house without following due process of law. An interim order was granted on 15.05.2025, restraining the respondents from dispossessing the petitioner from the subject property.
5. Learned Assistant Government Pleaders contended that respondents 3 to 5 have never interfered with the petitioner’s possession of the subject property. It is submitted that the R&B road has been passing through a poramboke gedda in Sy.No.120 for many years. The petitioner’s husband constructed the house within the said poramboke gedda. Learned Assistant Government Pleader for R&B further submits that the Roads and Buildings authorities, with the assistance of the Revenue authorities, attempted to demarcate the width of the road.
6. Thus, from a perusal of the pleadings and instructions, it appears that the respondent authorities are neither interfering nor attempting to demolish the subject property. This Court, at this juncture, is not recording any finding regarding title or encroachment it being a disputed question of fact.
7. Given the facts and circumstances of the case, the Writ Petition is
disposed of directing the respondents 3 to 5 not to dispossess the petitioner from the residential property bearing H.No.5-39, Sy.No.120, Tamaram Village, Makavarapalem Mandal, Anakapalli District, without following due process. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI
Dated 19.06.2025 KA
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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 13538/2025 Dated 19.06.2025 KA