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2025 DAILYLAW 21159 (AP)

PANYAM LAL NURJAHAN v. THE STATE OF AP

WP/14955/2025 · 2025-06-22

Venkateswarlu Nimmagadda

body2025

Judgment text

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w APHC010298592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14955 OF 2025 Between: Panyam Lai Nurjahan, W/o. Hussenaiah, Aged about 47 years, Occ: House Wife, R/o. Sy.No.7-1-795/5, Mohammaod Colony, Revenue Ward No.7, Budwel Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Revenue Divisional Officer, Budwel, YSR Kadapa District. 4. The Tahsildar, Gopavaram Mandal, YSR Kadapa 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 OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.4 in threatening to dispossess the petitioner from the peaceful possession and enjoymentof the house property bearing Door No.7-1-795/5, Mahammod Colony, Revenue Ward No.7, in an extent of Ac.0.03 Cents in Plot No. 125, P.C.No.277/1420 and an extent of Ac.0.03 cents in Plot No. 134, P.C.No.279/1420 respectively situated at Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District, without issuing any notice or opportunity of personal hearing or following the due process of law is questioned as the same is arbitrary, illegal, contrary to the well- established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300- consequently direct the Respondents, not to interfere with the petitioners peaceful possession and enjoyment of the subject house property in Sy.No.954/2 of Madakalav^alle Village, Budwel Municipality, Budwel Mandal, Kadapa District. / / A of the Constitution of India and lA MQ: 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 the Respondents, not to interfere with the petitioner’s peaceful possession and enjoyment of the subject house property bearing Door No.7- 1-795/5, Mahammod Colony, Revenue Ward No.7, in an extent of Ac.0.03 Cents in Plot No. 125, P.C.No.277/1420 and an extent of Ac.0.03 cents in Plot No. 134 P.C.No.279/1420 respectively situated at S7.N0.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel District, pending disposal of the Writ petition before this Honble court. landal, Kadapa Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010298592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3329] 0 MONDAY.THE twenty THIRD day of JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14955/2025 Between; 1 PANYAM LAL NURJAHAN, W/0 HUSSENAIAH YEARS OCC HOUSE WIFE, R/0 SY.NO.7-1-795/5, MOHAMMAOD revenue ward NOV, BUDWEL MANDAL AGED ABOUT 47 YSR COLONY, KADAPA district ...PETITIONER AND 1.THE STATE OF AP, secretary BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2 the district collector, YSR KADAPA DISTRICT AT KADAPA 3 THE REVENUE DIVISIONAL OFFICER, BUDWEL, YSR KADAPA DISTRICT 4 the TAHSILDAR, GOPAVARAM MANDAL, YSR KADAPA DISTRICT ...RESPONDENT(S): 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 tople^^®^ ^ WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.4 in threatening to REPRESENTED BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT dispossess the petitioner from the peaceful possession and enjoyment of the house property bearing Door No.7-1-795/5. Mahammod Colony Revenue Ward No.7, in an extent of Ac.0.03 Cents in Plot No. 125, P.C.No 277/1420 and an extent of Ac.0.03 cents in Plot No. 134, P.C.No.279/1420 respectivelv R ®'' No-954/2 of IVladakalavaripalle Village, Budwel Munteipalitv Budwel Mandal, Kadapa District, without issuing any notice or opporfumty of personal hearing or following the due process of law is questioned a^^e amrt^f'^ art>'trary, illegal, contrary to the well- established legal principles unLr alterM''°iT2i°"'?f'anr‘"' rights guaranteed oeacefir '' not to interfere with the petitioners srNfgL/P^'rrH Ti'’ ‘f'® ®dbject house oy.No.954/2 of Madakalavaripaile Mandal, Kadapa District and and property in Village, Budwel Municipality, Budwel pass jA NO: 1 OF 2n?.«^ in m S®®‘ldn 151 CPC praying that in the circumstances stated Lacpfni ^ Respondents, not to interfere with the petitioner's peaceful possession and enjoyment of the subject house prooertv hearinn Ac '^®''®nd® Ward No.7, in an extent o^f Ac.0.03 Cents in Pot No 125 PP Mo977/'i/ion ^ X • '^■'^•I^O-4/7/1420 and an extent nf Ar n ^Mad k T respectively situated at Sy No 954/2 Itrict nenr""H Budwel Mandat Kadapa Chsjnct, pending disposal of the Writ petition before this Honble court, and Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14955/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 4 in threatening to dispossess the petitioner from the peaceful possession and enjoyment of the house property bearing Door No.7-1-795/5, Mahammod Colony, Revenue Ward No.7, in an extent of Ac. 0.03 Cents in Plot No.125, P.C.No.277/1420 and an extent ofAc.0.03 cents in Plot No. 134, P.C.No.279/1420 respectively situated at Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District without issuing any notice or opportunity of personal hearing or following the due process of law is questioned as the same is arbitrary, illegal, contrary to the well-established legal principles apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents, not to interfere with the petitioner’s peaceful possession and enjoyment of the subject house property in Sy.No.954/2 of Madakalavaripalle Village, Budwel Municipality, Budwel Mandal, Kadapa District and pass ” Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader appearing for the respondents. 4 Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the property in Door No.7-1-795/5, Mahammod Colony, Revenue Ward No.7, in an extent of Ac.0.03 cents in plot No.125, P.C.No.277/1420 and an extent of Ac.0.03 cents in plot No.134, P.C.No.279/1420 respectively situated at Sy.No.954/2 of Madakalavaripalle Village While so, the 4^'^ respondent, without issuing any notice, trying to interfere with the peaceful possession of the petitioner in respect of the subject property. Hence, the writ petition. 3. Budwel Municipality, Budwel Mandal, Kadapa District. 4. The learned Assistant Government Pleader for Revenue submits that the alleged interference by the 4^^ respondent is merely an apprehension on the part of the petitioner. He further submits that, in the event the respondents intend to interfere with the petitioner's possession of the subject property, such interference will be in accordance with law. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to follow due process of law, if they intend to dispossess the petitioner from the subject property. 5. on 5 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District at Kadapa. 3. The Revenue Divisional Officer, Budwel, YSR Kadapa District. 4. The Tahsildar, Gopavaram Mandal, YSR Kadapa District. 5. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr T HIGH COURT DATED:23/06/2025 \ » \ ORiJiR WP NO. 14955 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS