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2025 DAILYLAW 24649 (AP)

APPOLU LAKSHMI v. THE STATE OF AP

WP/17546/2025 · 2025-07-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010348432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ft fi Hi? > 3 (Special Original Jurisdiction) to FRIDAY. THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17546 OF 2025 Between: Smt. Appolu Lakshmi, W/o A.Asireddy, aged 50 years, R/o at Monapalem Village, Pudilayadoruvu Post, Vakadu Mandal, Tirupati District ...PETITIONER AND 1. The State of A.P., rep. by its Principal Secretary, Dept, of Revenue, Secretariat, Velagapudi Amaravati 2. The District Collector, Tirupati. 3. The Sub-Collector cum Revenue Divisional Officer, Gudur, Tirupati District 4. The Tahsildhar, Vakadu, Vakadu Mandal, Tirupati District 5. Mandal Revenue Inspector, Vakadu, Vakadu 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 in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents No. 4 and 5 herein in trying to demolish the petitioner newly constructing RCC house in an extent of 448.50 sq. yards or 375 sq. meters in part and parcel of Sy.No.31 classified as Gramakantam/Gramanathe m situated at Monapalem village, Pudirayadoruvu village fields, Vakadu Mandal, Tirupati District without following the procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19('1)(S). 21 and 300-A of the Constitution of India and consequently, direct the respondents 4 and 5 herein to not to interfere in the petitioners constructing the residential house in an extent of 448 sq.yards or 375 sq. meters in part and parcel of Sy.No.31 classified as Gramakantham situated in Monapalem village of Pudirayadoruvu village accounts, Vakadu Revenue Mandal, Tirupati District without following the procedure under law. 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 4 and 5 herein not to interfere in the petitioners house property covered by an extent of 448 sq.yards or 375 sq.meters in part and parcel of Sy.N0.31 classified as Gramakantam situated in Monapalem village of Pudirayadoruvu village accounts, Vakadu Mandal, Tirupati District without following the procedure under law pending disposal of the writ petition. Counsel for the Petitioner: SRI VEERAPANENI TARUN KUMAR CHOWDARY Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following order: APHC010348432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17546/2025 Between: 1.APPOLU LAKSHMI, W/0 A.ASIREDDY, AGED 50 YEARS, R/0 AT MONAPALEM VILLAGE MANDAL, TIRUPATI DISTRICT PUDILAYADORUVU POST, VAKADU ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPT OF REVENUE SECRETARIAT, VELAGAPUDI AMARAVATI 2.THE DISTRICT COLLECTOR, TIRUPATI 3.THE SUBCOLLECTOR CUM REVENUE DIVISIONAL OFFICER GUDUR, TIRUPATI DISTRICT 4.THE TAHSILDHAR, VAKADU DISTRICT VAKADU MANDAL, TIRUPATI 5. MANDAL REVENUE INSPECTOR, VAKADU TIRUPATI DISTRICT VAKADU MANDAL, ...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 topleased to issue a writ in the nature of a writ of mandamus or any 2 other appropriate writ, direction, order or orders declaring the action of the respondents No. 4 and 5 herein in trying to demolish the petitioner newly constructing RCC house in an extent of 448.50 sq.yards or 375 sq.meters in part and parcel of Sy.No.31 classified as Gramakantam / Gramanathem situated at Monapalem village, Pudirayadoruvu village fields, Vakadu Mandal, Tirupati District without following the procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 21 and 300-A of the Constitution of India and consequently, direct the respondents 4 and 5 herein to not to interfere in the petitioners constructing the residential house in an extent of 448 sq.yards or 375 sq.meters in part and parcel of Sy.No.31 classified as Gramakantham situated in Monapalem village of Pudirayadoruvu village accounts, Vakadu Revenue Mandal, Tirupati District without following the procedure under law 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 pleased to direct the respondents 4 and 5 herein not to interfere in the petitioners house property covered by an extent of 448 sq.yards or 375 sq.meters in part and parcel of Sy.N0.31 classified as Gramakantam situated in Monapalem village of Pudirayadoruvu village accounts, Vakadu Mandal, Tirupati District without followihg the procedure under law pending disposal of the writ petition and pass Counsel for the Petitioner: 1.VEERAPANENI TARUN KUMAR CHOWDARY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: FTHE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^IT PETITION NO: 17546/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief- ' pleased to issue a writ in the nature of a writ of mandamus other approphdte writ, direction, order or orders declaring the or any action of the respondents No. 4 and 5 herein in trying to demolish the petitioner newly constructing RCC house in an extent of 448.50 sq.yards or 375 sq.meters in part and parcel of Sy.No.31 classified as ! Qramanathem situated at Monapalem village, Gramakantam village fields, Vakadu Mandal, Tirupati District without Pudirayadoruvu following the procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected the petitioner’s rights guaranteed under article 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently, direct the ^ 5 herein to not to interfere in the petitioner’s respondents constructing the residential house in an extent of 448 sq.yards or 375 sq meters in part and parcel of Sy.No.31 classified as Gramakantham situated in Monapalem village of Pudirayadoruvu village accounts, Vakadu Revenue Mandal, Tirupati District without following the procedure under law and pass ” Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of 448.50 3. 4 0 square yards in part and parcel of Sy.No.31 classified as Gramakantam/Gramanathem situated at Monapalem Village, Pudirayadoruvu Village Fields, Vakadu Mandal,'Tirupati District. The petitioner is presently undertaking the construction of a residential house on the said land. However, respondent Nos. 4 and 5 are attempting to interfere with the ongoing construction without adhering to the due process of law. Hence, the writ petition. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents has furnished a copy of written instructions issued by the 4‘^ respondent dated 11.07.2025, wherein, the relevant portion is extracted hereunder: “3. It is further submitted only demarcating of the said encroached land has done and confirmed the encroachment made by the writ petitioner for an extent of Acs 0.05 cents in Sy.No.30 of Pudirayadoruvu village of Vakadu Mandai." Learned Assistant Government Pleader submits that the respondents will follow due process of law as contemplated, if they intend to dispossess the petitioner from the subject property. 5. 6. Having regard to the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view 5 that the present Writ Petition can be disposed of directing the respondentsto follow due process of law, if they intend to dispossess the petitionerfrom the subject property. In the result, the Writ Petition is disposed of. There shall be no order as 7. to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. SECTION OFFICER //TRUE COPY// To Dept, of Revenue, State of Andhra Pradesh, 1. The Principal Secretary Secretariat, Velagapudi, Amaravati. 2. The District Collector, Tirupati. 3. The Sub-Collector cum District 4. The Tahsildhar, Vakadu Vakadu Mandal, Tirupati District 5. Mandal Revenue Inspector, Vakadu Vakadu Mandal, Tirupati District 6. One CC to Sri Veerapaneni Tarun Kumar Chowdary, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. Revenue Divisional Officer, Gudur, Tirupati ssb HIGH COURT DATED:11/07/2025 ORDER WP No.17546 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS