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2025 DAILYLAW 25562 (AP)

Manepalli Padma Lakshmi, v. The State of Andhra Pradesh,

WP/18415/2025 · 2025-07-21

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010361382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18415 OF 2025 Between: Manepalli Padma Lakshmi,, W/o. Sidhardha Kumar, Aged about 53 years, Occ- Housewife, R/o. 1-88, Main Road, Near old Kanaka Durga Theater, Kamavarapukota Village and Mandal, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru District at Eluru (Former West Godavari District). 3. The Tahsildar, Kamavarapukota Mandal, Eluru District (Former West Godavari District). 4. The District Panchayat Officer, Eluru District at Eluru (Formerly West Godavari District). 5. The Mandal Parishad Development Officer, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District). r- 6. The Kamavarapukota Gram Panchayat, Rep. by its Executive Authority- Panchayat Secretary, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District). cum ...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 action of the respondents, particularly 2nd respondent in insisting the petitioner to vacate from her house-site property and threatening to demolish the said house admeasuring Ac.0.03 Cents in R.S.No. 500 situated in Kamavarapukota Village, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District) as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess nor interfere in any manner with her peaceful possession and enjoyment over her said house site property. 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 not to interfere in any manner with petitioner’s peaceful possession and enjoyment over her house & enclosed site property admeasuring Ac.0.03 Cents in R.S.No.500 situated in Kamavarapukota Village, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District), pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents: GP FOR REVENUE The Court made the following order: r APHC010361382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18415/2025 Between: 1.MANEPALLI PADMA LAKSHMI,, W/0. SIDHARDHA KUMAR, AGED ABOUT 53 YEARS, OCC- HOUSEWIFE, R/0. 1-88, MAIN ROAD, NEAR OLD KANAKA DURGA THEATER, KAMAVARAPUKOTA VILLAGE AND MANDAL, ELURU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHi, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, , ELURU DISTRICT AT ELURU (FORMER WEST GODAVARI DISTRICT). 3.THE TAHSILDAR, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT (FORMER WEST GODAVARI DISTRICT). 4.THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 6. THE KAMAVARAPUKOTA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY- CUM - PANCHAYAT SECRETARY, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT (FORMERLY 2 WEST GODAVARI DISTRICT). ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents, particularly 2nd respondent in insisting the petitioner to vacate from her house-site property and threatening to demolish the said house admeasuring Ac.0.03 Cents in R.S.No. 500 situated in Kamavarapukota Village, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District) as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of Constitution of India and respondents not to dispossess nor interfere in any manner with her peaceful possession and enjoyment over her said house site property and pass lA NO: 1 OF 2025 consequently direct the 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 d to direct the respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment over her house & enclosed site property admeasuring Ac.0.03 Cents in R.S.No.500 situated in Kamavarapukota Village, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District), pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following ORDER: Heard Sri P.Kartikeya, learned counsel representing Smt.Nimmagadda Revathi, learned counsel for the petitioner, Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 3, learned Assistant Government Pleader* for Panchayat Raj for the 4‘^ respondent, Sri Koteswara Rao, learned standing counsel for respondents 4 and 6. 3 The grievance of the petitioner is that the 3'^^ respondent is insisting that the petitioner shall vacate an extent of Ac.0-03 cents in RS No.500 of Kamavarapukota Village and Mandal, Eluru District, without issuing any notice. 2. Learned counsel for the petitioner would submit that the then Tahsildar issued house site patta vide Roc./HAS/522/1413/04/F1407, dated 02.03.2004. The petitioner constructed a house and has been residing therein. The 3 respondent, without issuing any notice, is insisting that the petitioner shall vacate the subject land. 3. rd Learned Assistant Government Pleader for Revenue and learned standing counsel, on oral instructions, would submit that neither the 3 respondent nor the 4**^ respondent is interfering with the petitioner’s property to an extent of Ac.0-03 cents in RS No.500 of Kamavarapukota Village and Mandal, Eluru District. 4. rd The submission of the learned AGP and learned standing counsel is recorded. 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 to 6 not to interfere with the petitioner’s possession over an extent of Ac.0-03 cents in RS No.500 of kamavarapukota Village and Mandal, Eluru District, without following due process. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- iVl. SRINfVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to the Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru District at Eluru (Former West Godavari District). f 3. The Tahsildar, Kamavarapukota Mandal, Eluru District (Former West Godavari District). 4. The District Panchayat Officer, Eluru District at Eluru (Formerly West Godavari District). 5. The Mandal Parishad Development Officer, Kamavarapukota Mandal, Eluru District. (Formerly West Godavari District). 6. The Executive Authority- cum - Panchayat Secretary, Kamavarapukota Gram Panchayat, Kamavarapukota Mandal, Eluru District (Formerly West Godavari District). 7. One CC to M/s Nimmagadda Revathi, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj Rural Development, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 10. RAM HIGH COURT DATED:22/07/2025 ORDER WP NO. 18415 OF 2025 K. :) ^ 19 SEP 2025 Co? ^sjjurrentSectioijX^^ 3^ DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS