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2025 DAILYLAW 21169 (AP)

SHAIK RAHAMATHUNISA v. THE STATE OF ANDHRA PRADESH

WP/15143/2025 · 2025-06-23

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010298602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) as? TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15143 OF 2025 Between: Shaik Rahamathunisa, W/o. Late Shaik Gafoor Sab, Aged about 66 years, R/o. Budidetivandlapalli, Peddinenikalva Village, T. Sundupalli Mandal, Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by It's Principal Secretary to Government, Revenue Department, Secretariat, A.P., Velagapudi, Guntur District. 2. The District Collector, Annamayya District. 3. The Tahsildar, T. Sundupalli Mandal Annamayya District. 4. The Station House Officer, T. Sundupalli Police Station, Annamayya District. 5. The Deputy Engineer, Panchayath Raj Department, Rayachoti, Annamayya District. 6. The Mandal Praja Parishad Development Officer, T. Sundupalli, Annamayya 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 or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the respondents in interfering with the possession of the petitioners land admeasuring Ac.3.28 cents in Peddinenikalva Village, T. Sundupalli Mandal, Annamayya District as illegal, Sy.No.495/1 situated in Budidetivandia Palli Village, H/o arbitrary and unconstitutional and consequently direct the 2 to 6th respondents not to interfere with the possession of the petitioners land admeasuring the Ac.3.28 cents in Sy.No.495/1 situated in Budidetivandia Pal l Village, H/o Peddinenikalva Village, T. Sundupalli Mandal, Annamayya District without following due process of law. lA NO: 1 OF 2C)7fi Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the 2 to 6th respondents not to interfere with the possession of the petitioners land admeasuring the Ac.3.28 cents in Sy.No.495/1 situated in Budidetivandia Palli Village, H/o Peddinenikaluva Mandal, Annamayya District. Village, T. Sundupalli Counsel for the Petitioner: SYED KHADER MASTAN Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No. 4: GP FOR HOME Counsel for the Respondent No. 6: SRI M SUDHIR SC AND GP The Court made the following Order: FOR ZPP, MPP APHC010298602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^:5 [3329] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15143/2025 Between: ...PETITIONER Shaik Rahamathunisa AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. SYED KHADER MASTAN Counsel for the Respondent{S); 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: / V/' 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15143/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; "... to issue a writ or writs or order or orders one more particuiarly in the nature of Writ of Mandamus to deciare the action of the respondents in interfering with the possession of the petitioner’s iand admeasuring Ac.3- 28 cents in Sy.No.495/1 situated in Budidetivandia Paiii Village, H/o Peddinenikalva Village, T.Sundupalli Mandal, Annamayya District as illegal, arbitrary and unconstitutional and consequently direct the 2 to s"* respondents not to Interfere with the possession of the petitioner’s land admeasuring the Ac.3-28 cents in Sy.No.495/1 situated in Budidetivandia Pain Village, H/o Peddinenikalva Village, T.Sundupalli Mandal, Annamayya District without following due process of law and be pleased to pass...” \ Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess/ evict the petitioner from her respective property without 3. following due process of law. Learned Government Pleader for Revenue submits that, if the petitioner 4. is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, the petitioner cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) . Therefore, if the 5. 1 » by L.Rs. V. M.Varadappa Naidu (Dead) by L.Rs. 2004 (1) see 769 3 petitioner is in possession of the subject property, the respondents are directed not to evict/ dispossess the petitioner from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of 6. admission with the consent of both the counsel. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// f SECTION OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, A.P., Velagapudi, Guntur District. 2. The District Collector, Annamayya District. 3. The Tahsildar, T. Sundupalli Mandal Annamayya District. 4. The Station House Officer, T. Sundupalli Police Station, Annamayya District. 5. The Deputy Engineer, Panchayath Raj Department, Rayachoti, Annamayya District. 6. The Mandal Praja Parishad Development Officer, T. Sundupalli, Annamayya District. 7. One CC to Sri. Syed Khader Mastan Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Three CD Copies 10. gsc HIGH COURT DATED:24/06/2025 ORDER WP 15143/2025 % 1 (1 JUL 2025 ac 03/1 •i// O ^ . Current Section DISPOSING THE WP WITHOUT COSTS