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2025 DAILYLAW 24616 (AP)

VOOTA SATYA MRUDULA DEVI v. THE STATE OF AP

WP/17619/2025 · 2025-07-17

Subba Reddy Satti

body2025

Judgment text

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APHC010346922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17619 OF 2025 Between: Voota Satya Mrudula Devi, W/o. V.V.Ramana, Aged About 54 years, Occ: Cultivation/House Wife, Gandhinagar, Kakinada, Kakinada District -533004. R/o. 9-4-5/1, Musunuri Vari Street, Elwin Peta ...Petitioner AND 1. The State of Andhra Pradesh, Rep by Principal Secretary, Department, AP Secretariat, Velagapudi, Guntur. 2. The District Collector, Kakinada, Kakinada District. 3. The Revenue Divisional Officer, Kakinada, Kakinada District. 4. The Thasildhar, Kakinada Rural Mandal,Sarpavaram, Kakinada District. 5. Mummidi Babu Rao alias Veerraju, S/o. (Late) Veerraju, Aged about 66 years, R/o. D. No. 2-14, Ganganapalli Village Main road, Kakinada District - 533006 (No relief is claimed against Respondent No.5) Revenue ...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 an appropriate order, writ or direction, one in the nature of writ of mandamus, declaring the high-handed action of the respondents in trying to disposes the petitioner and from subject property of an extent of Ac 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no. 105/2 of Ganganapalli Village, Kakinada Rural Mandal, Kakinada, Kakinada District, without conducting any survey and without outing petitioner herein on notice and without affording an opportunity of hearing and without following procedure established by law as illegal, arbitrary, unjust and violative fundamental and constitutional rights guaranteed under the Articles, 14, 19, 21 and 300 - A of The Constitution of India and by further declaring that the highhanded action of the official respondents, more particularly the said high handed action of staff and officers of 4*^ respondent in collusion with the 5**^ respondent, as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles 14, 19, 21 and 300 - A of The Constitution Of India and consequently direct the Respondents not to dispossess the petitioner herein from the subject property of an extent of Ac 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no. 105/2 of Ganganapalli Village, Kakinada Rural Mandal, Kakinada, Kakinada District, without issuing any notice before conducting any survey if required and without putting the petitioner herein on notice and without an affording an opportunity of hearing In the interests of justice. of 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 dispossess the petitioner herein from the subject property Ac 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no. 105/2 of Ganganapalli Village Kakinada District, pending disposal of the above writ petition. Kakinada Rural Mandal, Kakinada, Counsel for the Petitioner: SRI M. SRI ATCHYUT Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court at the stage of admission made the following order: APHC010346922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17619/2025 Between: 1.VOOTA SATYA MRUDULA DEVI, W/0. V.V.RAMANA, AGED ABOUT 54 YRS, OCC CULTIVATION/HOUSE WIFE, R/0. 9-4-5/1, MUSUNURI VARI STREET, ELWIN PETA, KAKINADA DISTRICT -533004 GANDHINAGAR, KAKINADA, ...PETITIONER AND 1.THE STATE OF AP, REP BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR. 2.THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT 3.THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT. 4.THE THASILDHAR, KAKINADA RURAL MANDAL,SARPAVARAM KAKINADA DISTRICT. 5.MUMMIDI BABU RAO ALIAS VEERRAJU, S/0. (LATE) VEERRAJU, AGED ABOUT 66 YRS, R/0. D. NO. 2-14, GANGANAPALLI VILLAGE MAIN ROAD, KAKINADA DISTRICT - 533006 (NO RELIEF IS CLAIMED AGAINST RESPONDENT NO.5) ...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 issue an appropriate order, writ or direction, one in the nature of writ of mandamus, declaring the high-handed action of the respondents in trying to disposes the petitioner and from subject property of an extent of Ac 2 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no. 105/2 of Ganganapalli Village, Kakinada Rural Mandal, Kakinada, Kakinada District, I without conducting any survey and without outing petitioner herein on notice and without affording an opportunity of hearing and without following procedure established by law as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles, 14, 19, 21 and 300 - A of The Constitution Of India and by further declaring that the highhanded action of the official respondents, more particularly the said high handed action of staff and officers of 4TH respondent in collusion with the 5TH respondent, as illegal, arbitrary, unjust and violative of fundamental and constitutional rights guaranteed under the Articles 14, 19, 21 and 300 - A of The Constitution Of India and consequently direct the Respondents not to dispossess the petitioner herein from the subject property of an extent of Ac 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no. 105/2 of Ganganapalli Village, Kakinada Rural Mandal, Kakinada, Kakinada District, without issuing any notice before conducting any survey if required and without putting the petitioner herein on notice and without an affording an opportunity of hearing In the interests of justice and 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 to direct the respondents dispossess the petitioner herein from the subject property Ac 0.06 cents out of (Old extent Ac 0.19 cents) situated in Sy.no.105/2 of Ganganapalli Village, Kakinada Rural Mandal, Kakinada, Kakinada District, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1.M SRI ATCHYUT Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: i Heard Ms. Anusha, learned counsel representing Sri M.Sri Atchyut, learned counsel for the petitioner and Sri Divya Teja, learned Assistant I Government Pleader for Revenue for respondents 1 to 4. The notice in respect of the 5*^ respondent is dispensed with since no adverse order is ! passed affecting the interest of the 5^^ respondent. ' I 3 The grievance of the petitioner is that the 4*'" respondent is trying to dispossess the petitioner of an extent of Ac.0.06 cents in Sy.No.105/2 of Ganganapalii Village, Kakinada Rural Mandal, Kakinada District, without following due process, as illegal and arbitrary. 2. Learned counsel for the petitioner would submit that the petitioner purchased the property under a registered sale deed dated 11.09.2002 vide document No.6494 of 2002. The name of the petitioner is updated in the record of rights. The 4 3. th respondent issued Pattadar Pass Book on 03.01.2003. The petitioner has been paying taxes. The 4^'^ respondent, at the behest of the 5*'^ respondent, is trying to interfere. Learned Assistant Government Pleader for Revenue, on instructions of the 4*'^ respondent, would submit that there is a civil dispute between the petitioner and the respondent. The 4*'" respondent is not interfering to an extent of Ac.0.06 cents in Sy.No.105/2 of Ganganapalii Village, Kakinada Rural Mandal, Kakinada District. The instructions submitted by the learned Assistant Government Pleader are taken on record. 4. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the 4*'^ respondent not to interfere to an extent of Ac.0.06 cents in Sy.No.105/2 of Ganganapalii Village, Kakinada Rural Mandal, Kakinada District, without following due process. This court makes it clear that no finding is recorded in the order regarding possession of either parties. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY //TRUE COPY// REGI^AR alf^FICER Secretary, Revenue Department, State of Andhra Pradesh AP Secretariat, Velagapudi, Guntur. 2. The District Collector, Kakinada, Kakinada District 3. The Revenue Divisional Officer, Kakinada, Kakinada district. 4. The Thasildhar, Kakinada Rural Mandal,Sarpavaram, Kakinada District. 5. One CC to Sri M. Sri Atchyut, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh fOUTl 7. Two CD Copies Cnr To, SE HIGH COURT DATED:18/07/2025 ORDER WP NO. 17619 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS