::1:: APHC010282622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14315/2025 Between: 1. MALIREDDY VENKATA KRISHNA KUMARI, C/0 MALIREDDY ESWARA REDDY, AGED 52 YEARS, R/0 BESIDE SAI BABA TEMPLE, SAIBABA NAGAR, KALIGIRI VILLAGE AND POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHYATH RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, , KALIGIRI POLICE STATION, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 6. THE CHINNA ANNALURUGRAM PANCHYATHY, REP BY ITS SECRETARY,KALIGIRI MANDAL SPSR NELLORE DISTRICT ANDHRA PRADESH. 7. SMT AVULA RADHA, W/0 VENKATA KRISHNA REDDY, AGED 39 YEARS, R/0 CHINA ANNALURU VILLAGE AND POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of 5th and 6th respondent authorities in making efforts to dispossess the petitioner from her land admeasuring an extent of Ac. 2.98 cents in Survey No. 2332-1situated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, Andhra Pradesh during the pendency of the OS. 165/2025 before the Hon'ble Principal Civil Judge(Junior Division) At Kavali, without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Honble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation 2003 LawSuit(SC) 1248 and consequently direct the respondents not to dispossess the petitioner from the subject property situated in survey No, 2332-1 admeasuring to an extent of Ac. 2.98 centssituated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, Andhra Pradesh during the pendency of the OS. 165/2025 before the Honble Principal Civil Judge(Junior Division) At Kavali except due process of law and to pass...... 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 5, the learned Standing counsel for the respondent No.6. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land admeasuring 3 to an extent of Ac. 2.98 cents in Survey No. 2332-1, situated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, having acquired the same from her father through a gift deed. The petitioner’s name was mutated in the revenue records, and a Pattadar Passbook and title deeds were also issued in her favour. He further submits that there is a civil dispute between the petitioner and the 7th respondent (i.e., the petitioner’s younger brother’s wife) regarding the title and possession of the subject property. The 7th respondent has instituted a suit in O.S. No. 165 of 2025 before the Principal Civil Judge, Kavali, seeking for a permanent injunction against the petitioner in respect of the subject property and the same is pending consideration. Despite the pendency of the civil dispute between the petitioner and the 7th respondent, the official respondents, at the instance of the 7th respondent, are trying to dispossess the petitioner from the subject property. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue furnished written instructions issued by the 4th respondent dated 17.06.2025, wherein it is stated as follows:- “it is respectfully submitted that, this respondent office has never made any effort to dispossess the petitioner from the subject land 4 and also has no any intention to dispossess the petitioner herein from the subject property” 5. The learned Assistant Government Pleader for Home furnished written instructions dated 24.06.2025 issued by the 5th respondent, wherein it is stated as follows:- “ It is submitted that as per the records of the 5th respondent police station i.e., Station House Officer, Kaligiri Police station Kaligiri mandal, SPSR Nellore District no representation was received from the petitioner or against the petitioner. After receipt of the present writ petition, the 5th respondent made enquiry, on 5th respondent enquiry it is came to light that the 7th respondent is the brother’s wife of the petitioner. Further the petitioner and the 7th respondent having civil disputes regarding in survey NO.23321 admeasuring to an extent of Ac.2.98 cents situated at China Annaluru Village Kaligiri Mandal, SPSR Nellore District”. “ In respect of the same there is a civil case is pending before the Hon’ble Principal Civil Judge (Junior Division) at kavali vide O.S.No.165/2025. As the matter is purely related to the civil issues. The respondent never interfere with the civil issues, unless there is any specific direction from the Hon’ble Court”. 6. The learned Standing Counsel appearing for the 6th respondent also furnished written instructions dated 24.06.2025, wherein it is stated as follows:- 5 “It is humbly submitted that this gram panchayat is not interfering with the subject property of the petitioner at any point of time. This gram panchayat didn’t try to dispossess the petitioner from the disputed land”. 7. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and Home, the learned Standing counsel as well as the written instructions issued by respondent Nos. 4, 5, and 6, and on perusal of the material placed on record, it is clearly and categorically admitted by the respondents that they are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner. It is further submitted that the civil proceedings are pending before the court below. 8. In view of the statement made by the respondents, the allegation made by the petitioner that the respondents are trying to dispossess the petitioner from the subject property at the behest of the 7th respondent is contrary to the facts on record. However, if the official respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, they shall follow the due procedure as contemplated under law. 6 9. With the above observation, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 16.07.2025 klk 7 24 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.14315 of 2025 16.07.2025 klk