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2025 DAILYLAW 23022 (AP)

Bapanapalli Rajeswaramma v. The State of Andhra Pradesh,

WP/21514/2020 · 2025-06-23

T C D Sekhar

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH APHC010324992020 AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY y PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 21514 OF 2020 Between; 1. Bapanapalli Rajeswaramma, W/o. Chinna Sundaraiah, Hindu, Aged about 47 years, Occ. Cooli R/o. Vengamambapuram New Harijanawada of Ballaiahapalli Mandal, SPSR Nellore District. Nediganti Polamma, W/o. Late Venkata Subbaiah, Hindu, Aged about 60 years, Occ: Cooli, R/o. Vengamambapuram New Harijanawada of Ballaiahaplli Mandal, SPSR Nellore District. 2. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Assignments, Secretariat Bldgs, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore Dist. 3. The Sub Collector cum Revenue Divisional Officer, Gudur, SPSR Netlore Dist. 4. The Thasildar, Balaiahpalli Mandal, SPSR Nellore 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 - to declare the action on the part of the 4*'' respondent in A’ seeking to dispossess the 1st petitioner from the house sites patta issued under F Dis No.38/2014 dt. 29.1.2014 in S. No. 55 and in so far as 2""' petitioner under F Dis No. 47/2014 Dt. 29.1.2014 in S No. 15 each for an extent of Ac. 0.02 cents situated at Vengamabapuram New Flarijanawada of Balaiahpalli Mandal, SPSR Nellore District without canceiling the said house site pattas, without notice, without following due process of law amounts to erroneous, unconstitutional and violative of Principles of natural justice and violaitve of Articles 14 and 21 of the Constitution of India and consequently direct the respondents 2 to 4 not to dispossess the petitioners from the above referred house sites in the interest of justice. lA NO: 1 OF 2020 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 2 to 4 not to dispossess the 1®* petitioner from the house site patta issued under F Dis No. 38/2014 dt. 29.1.2014 in S. No. 55 and in so far as 2"^^ petitioner F Dis No. 47/2014 Dt. 29.1.2014 in S No. 15; each for an extent of Ac. 0.02 cents situated at Vengamabapuram New Harijanawada of Balaiahpalli Mandal, SPSR Nellore District pending disposal of writ petition. Counsel for the Petitioners: SRI T. C. KRISHNAN Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010324992020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] rj TUESDAY. THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 21514/2020 Between: Bapanapalli Rajeswaramma and others ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.TC KRISHNAN Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following order: It is the case of the petitioners that they were granted house site pattas to an extent of Ac.0.02 cents each, situated at Vengamambapuram, New Harijanawada of Balaiahpalli Mandal, SPSR Nellore District, vide proceedings in F Dis No.38/2014 and F Dis No.47/2014 dated 29.01.2014 respectively and since the date of grant of the said house site pattas, they are in peaceful possession and enjoyment of the same by erecting temporary sheds. It is the further case of the petitioners that during the year 2018, they made applications before the Andhra Pradesh State Flousing Corporation Limited seeking to sanction loan for construction of houses in the plots allotted to them. Pending consideration of the same, respondent No.4, without issuing any notice and without following the procedure contemplated under law, tried to interfere with the possession of the petitioners over the lands in dispute. Questioning the said action, the present Writ Petition is filed. ] 2. While ordering notice, by order dated 19.11.2020, this Court directed the respondent Nos.2 to 4 not to dispossess the petitioners from the subject lands without following due process of law. The said order is subsisting till today. 3. When the matter is taken up for hearing, it is represented by learned Assistant Government Pleader for Revenue that pursuant to the said interim order, no action was initiated against the petitioners. 3 4. Having considered the submissions made by learned Assistant Government Pleader, this Court feels that, it appropriate to dispose of the Writ Petition directing the respondents not to dispossess the petitioners from the subject lands except in accordance with law. 5. Accordingly, the Writ Petition is disposed of. There shall be to costs. no order as As a sequel, pending applications, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Assignments, State of Andhra Pradesh, Secretariat Bldgs, Amaravati,Guntur District. The District Collector, Nellore, SPSR Nellore Dist. The Sub Collector cum Revenue Divisional Officer, Gudur, SPSR Netlore Dist. The Thasildar, Balaiahpalli Mandal, SPSR Nellore District. One CC to Sri T. C. Krishnan, Advocate [OPUC] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. ssb ' HIGH COURT DATED:24/06/2020 gr ' 1JUL 2025 In JvC1l™I S«clioj>^»^ '■'^sgfaisss^^ ORDER WP No.21514of 2020 Co ^5- DISPOSING OF THE W.P. WITHOUT COSTS