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2025 DAILYLAW 24293 (AP)

KADABALA DURGA v. The State of Andhra Pradesh,

WP/17264/2025 · 2025-07-09

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010343182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17264 OF 2025 Between: kadabala durga, W/o Pandureddy Age. 38 yrs, Occ. Housewife, R/o Irlapalli Village, Rampachodavaram Mandal, Alluri Seetha Rama Raju District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrinciapI Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Alluri Seetha Rama Raju District at Paderu. 3. The Tahsildar, Rampachodavaram Mandal, Alluri Seetha Rama Raju District. 4. The Special Deputy Tahsildar, Tribal Welfare, Rampachodavaram , Alluri Seetha Rama Raju District. 5. Kadabala Ravi Narasimha Reddy, R/o Cheruvuru Village, Bolagonda Grama Panchayat, Rampachodavaram Mandal, Alluri Seetha Rama Raju District. 6. Kadabala Yuva Raja Reddy, R/o Cheruvuru Village, Bolagonda Grama Panchayat, Rampachodavaram Mandal, Alluri Seetha Rama Raju District. ...Respondents ...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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd and 4th respondentsand their subordinate staff seeking to disposes the petitioner from her property bearing Door No. 1-47 situated in an extent of Ac 0.05 cts of land situated at Irlapalli Village, I.Polavaram Panchayat, Rampachodavaram Mandal, Alluri Sitha Rama Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from her property without following the due process of law, in the interest of Justice. 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 to direct the 3'^'^ and 4‘^ respondents and their subordinate staff not to interfere and dispossess the petitioner from her property bearing Door No. 1-47 situated an extent of Ac 0.05 cts of land situated at Irlapalli Village, I.Polavaram Panchayat, Rampachodavaram Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. VENKATESH Counsel for the Respondent Nos.1,2,3: GP FOR REVENUE Counsel for the Respondent No.4:GP FOR TRIBAL WELFARE Counsel for the Respondent Nos.5 & 6: NONE APPEARED The Court made the following order: APHC010343182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17264/2025 Between: 1.KADABALA DURGA, W/0 PANDUREDDY HOUSEWIFE, R/0 IRLAPALLI VILLAGE, MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT. AGE. 38 YRS, OCC. RAMPACHODAVARAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIAPI REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ALLURI SEETHA RAMA RAJU DISTRICT AT PADERU. 3.THE TAHSILDAR, RAMPACHODAVARAM SEETHA RAMA RAJU DISTRICT. 4.THE SPECIAL DEPUTY TAHSILDAR, TRIBAL WELFARE, RAMPACHODAVARAM, ALLURI SEETHA RAMA RAJU DISTRICT. MANDAL, ALLURI 5.KADABALA RAVI NARASIMHA REDDY, R/0 CHERUVURU VILLAGE, GRAMA PANCHAYAT, RAMPACHODAVARAM BOLAGONDA MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT. 6.KADABALA YUVA RAJA REDDY, R/0 CHERUVURU VILLAGE, GRAMA PANCHAYAT, RAMPACHODAVARAM BOLAGONDA MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT. ...RESPONDENT(S): «»A«Dii‘“dSr; “a °™'" .=;:r^Lrzr.rTzr;;:zsz and their at Irlapalli Alluri Sitha consequently direct the property pass jA NO: 1 OF 2C)?fi in .he'affld:" ,Ted circumstances stated Counsel for the Petitioner: 1.K VENKATESH Counsel for the Respondent(S): 1GP FOR REVENUE The Court made the following ORDER: 1-47 Heard Sri K.Venkatesh, learned Singh, learned Assistant Government counsel for the petitioner, Sri Bhagath Pleader for Revenue for respondents 1 Assistant Government Pleader for Social disn H ■ Notice in respect of respondents 5 and 6 is dispensed with since no adverse order i interests. to 3 and Smt. Swapna Priya, learned Welfare for the 4*'" IS passed affecting their rights and 2. The above writ petition is fiied to deciare the action of and 4 in dispossessing the petitioner respondents 3 from her property bearing D.No. 1-47, 3 Irlapalli Village, IPolavaram Panchayat, Rampachodavaram Mandal, Alluri Sitarama Raju District, as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the house bearing D.No.1-47, Irlapalli Village, I.Polavaram Panchayat. The petitioner purchased the same by a registered sale deed dated 08.12.2012 and thereafter constructed a small shed. The respondents 3 and 4, at the instance of respondents 5 and 6, without issuing any notice, are interfering with the petitioner’s property. In support of the claim of the petitioner, Ex.P.1 unregistered sale deed, and Ex.P.2 tax receipt, have been filed. 3. Learned Assistant Government Pleaders, on instructions, submit that 4. the respondents 3 and 4 are not interfering with the petitioner’s house bearing Irlapalli Village, I.Polavaram Panchayat, Rampachodavaram D.No.1-47 Mandal. They would also submit that if the Government requires the petitioner’s property, the respondents 3 and 4 will follow due process of law. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing the respondents 3 and 4 not to interfere with the petitioner’s house bearing D.No.1-47, Irlapalli Village, I.Polavaram Panchayat, Rampachodavaram Mandal without following due process of law. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// i SECTION OFFICER To, Secretariat, Revenue Department, 1. The Principal Secretary Velagapudi, Guntur District. District Collector, Alluri Seetha Rama Raju District at Paderu. 2. The Mandal, Alluri Seetha Rama Raju 3. The Tahsildar, Rampachodavaram District. 1 4. The Special Deputy Tahsildar, Tribal Welfare, Rampachodavaram Alluri Seetha Rama Raju District. One CC to SRI. K VENKATESH Advocate [OPUC] Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] Two CD Copies. 5. 6. 7. AL HIGH COURT DATED: 10/07/2025 v^r\U£zK WPNO. 17264 OF 2025 05^ ^ 0 2 AUG 2025 CO ) ^VsCgrrent Scctigj^^^ DISPOSING OF THE W.P. AT THE STAGE, WITHOUT COSTS ADMISSION