VANGIMALLA SANTHAMMA v. THE STATE OF ANDHRA PRADESH
WP/17501/2022 · 2025-02-06
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21042 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21042 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010296802022
IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: Vangimalla Santhamma The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1. G RAMACHANDRA REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE
1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17501/2022 Vangimalla Santhamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
G RAMACHANDRA REDDY Counsel for the Respondent(S):
GP FOR REVENUE
[3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER ...RESPONDENT(S)
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The Court made the following Order:
The grievance of the petitioners is that the respondents are trying to interfere with their peaceful possession and enjoyment of their subject property to an extent of Ac.5.86 cents of land situated in Survey No.518 and another extent of Ac.2.89 cents of land situated in Survey No.506, total an extent of Ac.8.75 cents of Nallaguttapalle Village, Rajampeta Mandal, Annamaiah District without issuing notice or without following due process of law. 02. Heard Ramachandra Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 03. Sri Ramachandra Reddy, learned counsel for the petitioners submitted that the subject land has been notified as AWD land and since her grandfather they are in possession and enjoyment of the same by cultivating seasonal crops in the said land. The father of the petitioner No.2 came into possession and he gifted to an extent of Ac.5.86 cents situated in Sy.No.518 to the petitioner No.2 towards pasupukukuma at the time of her marriage and Ac.2.89 cents situated in Survey No.506 to the petitioner No.1. Now, the respondent authorities are trying to
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dispossess the petitioners without following due process of law. As such, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader appearing for respondents, on counter, submitted that the petitioners are not in possession and enjoyment of the subject property, it is vacant and there is no question of interference of respondents and there is no material placed on record to show that the petitioners are in possession of the subject property and there are no interim orders in favour of the petitioners.
In the said circumstances, interference of the respondents does not arise and prayed to dismiss the writ petition. 5 Perused the material available on record and considered the submissions of both the learned counsel. 6. As rightly contended by the learned counsel for the respondents, there is no material placed on record to show that the petitioners are in possession of the subject land and basing on the Mandal Surveyor Report this Court cannot decide the disputed questions of fact in a writ petition filed under Article 226 of Constitution of India. The petitioners have to approach competent Civil Court, if they have any grievance. 4
7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, in this case shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 06th February, 2025 KKV
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452
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 17501 of 2022 06.02.2025
KKV
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HIGH COURT OF ANDHRA PRADESH Writ Petition No.17501 of 2022 PROCEEDING SHEET
Sl. No. Date ORDER OFFICE NOTE
06.02.2025
RC, J
I.A.No.01 of 2025
This application is filed seeking leave of this Court to receive counter on record. For the reasons stated in the accompanying affidavit, this application is ordered. Leave is granted and the counter is taken on record. ______ RC, J W.P.No.17501 of 2022
The writ petition is disposed of. (vide separate order)
______ RC, J KKV
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