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2025 DAILYLAW 21858 (AP)

Chinthamani Pavithra, v. The State of Andhra Pradesh

WP/15881/2025 · 2025-07-02

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010308492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15881 OF 2025 Between: Chinthamani Pavithra, w/o Pavankumar, aged 47 years, Occ: house wife, D.No.6-102, Oterukaluva fStreet, Srikalahasti town, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department Secretariat, Velagapudi, At Amaravathi. 2. The District Collector, Tirupati District, A.P. 3. The SubCollector, Srikalahasti Revenue Division Tirupati District, A.P. 4. The Tahsildar, Thottambedu Mandal Chittoor District. 5. P. Kumari, W/o. Rajasekhar, Chittathur Village, Thottambedu Mandal, Tirupati 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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No. 3 and 4 in interfering with the peaceful possession and enjoyment of the land in Sy.No.38/7 an extent of Ac.1.36 cents, Sy.No.38/8 an extent of 0.53 cents, Sy.No.38/9 an extent of Ac.1.07 cents and Sy.No.38/23 an extent of Ac.0.52 cents total an extent of Ac.3.48 cents, situated at Chittathuru Village, Thottambedu Mandal, Tirupati District, as illegal, arbitrary, contrary to the principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interefere with'the petitioners land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No. 3 and 4 not to interfere in the cultivation activities over the petitioner’s land Sy; No.38/7 extent of Ac. 1.36 cents. Sy.No.38/8 an extent of 0.53 cents, Sy.No.38/9 an extent of Ac. 1.07 cents and Sy.No.38/23 an extent of Ac.0.52 cents total an extent of Ac.3.48 cents, situated at Chittathuru Village, Thottambedu Mandal, Tirupati District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P. MADHU SUDHAN Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court made the following order: APHC010308492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15881/2025 Between: 1.CHINTHAMANI PAVITHRA,, W/0 PAVANKUMAR, AGED 47 YEARS, OCC- HOUSE WIFE, SRIKALAHASTI TOWN, CHITTOOR DISTRICT. D.NO.6-102, OTERUKALUVA VSTREET, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS REVENUE PRINCIPAL SECRETARIAT, SECRETARY, VELAGAPUDI, AT AMARAVATHI. DEPARTMENT 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, A.P. 3.THE SUBCOLLECTOR, SRIKALAHASTI REVENUE DIVISION TIRUPATI DISTRICT, A.P. 4.THE TAHSILDAR, THOTTAMBEDU MANDAL CHITTOOR DISTRICT. 5.P KUMARI, W/0 RAJASEKHAR, THOTTAMBEDU MANDAL TIRUPATI DISTRICT. CHITTATHUR VILLAGE, ...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 to may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No. 3 and 4 in interfering with the peaceful possession and enjoyment of the land in Sy.No.38/7 an extent of Ac. 1.36 cents, Sy.No.38/8 1 2 W.P. NO. 15881 OF 2025 an extent of 0.53 cents, Sy.No.38/9 an extent of Ac.1.07 cents and Sy.No.38/23 an extent of Ac.0.52 cents total an extent of Ac.3.48 cents, situated at Chittathuru Village, Thottambedu Mandal, Timpati District, as illegal, arbitrary, contrary to the principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interefere with the petitioners land and to pass lA NO: 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 may be pleased direct the respondents No. 3 and 4 not to interfere in the cultivation activities over the petiioner's land Sy:No.38/7 extent of Ac.1.36 cents, Sy.No.38/8 an extent of 0.53 cents, Sy.No.38/9 an extent of Ac. 1.07 cents and Sy.No.38/23 an extent of Ac.0.52 cents total an extent of Ac.3.48 cents, situated at Chittathuru Village, Thottambedu Mandal, Tirupati District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.MADHU SUDHAN P Counsel for the Respondent(S): 1.GP FOR REVENUE 3 NVJ W.P.N0.158S1 OF 2025 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a Writ, Order or direction more particuiarly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No. 3 and 4 in interfering with the peaceful possession and enjoyment of the land in Sy.No.38/7 an extent of Ac.1.36 cents, Sy.No.38/8 an extent of 0.53 cents, Sy.No.38/9 an extent of Ac. 1.07 cents and Sy.No.38/23 an extent of Ac. 0.52 cents total an extent of Ac. 3.48 cents, situated at Chittathuru Village, Thottambedu Mandal, Tirupati District, as illegal, arbitrary, contrary to the principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioners land and to pass..."(in verbatim) J Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. The claim of the petitioner is that, without observing the principles of natural justice and without following due process of law, the respondents are trying to interfere with the peaceful possession and enjoyment of the subject land. 2. 3. 4. On the other hand, learned Assistant Government Pleader for Revenue has furnished a copy of written instructions submitted by the 4*^^ respondent dated 27.06.2025, wherein it is stated that: “In light of the above facts it is humbly submitted that as the assignee has explicitly violated the conditions in Act9 of 1977, POT act by executing an unregistered sale deed to the respondent No. 5 and the respondent No. 5 has also confessed that they have bought the said assigned lands from the assignees the petition of the petitioner needs no consideration as the petitioner has appealed to the Hon’ble High Court of A.P.by misleading and misinterpreting the above submitted facts. ” Having regard to the submissions made by both learned counsel, and on perusal of the material on record, this Court is of the considered view that the Writ Petition can be disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the subject land, except by following the due process of law. 5. 4 W.P. NO. 15881 OF 2025 Accordingly, the Writ Petition is disposed of. There shall be no order as 6. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, At Amaravathi. 2. The District Collector, Tirupati District, A.P. 3. The SubCollector, Srikalahasti Revenue Division Tirupati District, A.P. 4. The Tahsildar, Thottambedu Mandal Chittoor District. 5. One CC to Sri P. Madhu Sudhan, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr w HIGH COURT DATED:03/07/2025 ORDER WP NO. 15881 OF 2025 ANO^ g( 1 9 JUL 2025 ^^'vCurTwitSccli DISPOSING OF THE W.P. WITHOUT COSTS