THUDUMULADINNE RAMADEVI v. THE STATE OF ANDHRA PRADESH
WP/256/2025 · 2025-01-07
Gannamaneni Ramakrishna Prasad
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2559 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2559 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010005422025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328]
TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 256/2025 Between:
1. THUDUMULADINNE RAMADEVI, W/O THUDUMULADINNE OBULESU, AGED ABOUT 52 YEARS, OCC HOUSE WIFE, R/O.
B.T.PALLI, SURABHI VILLAGE, CHAKRAYAPETA MANDAL, YSR (KADAPA), DISTRICT, A.P. - 516259. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR, AMARAVATI, A.P.
2. THE TAHSILDAR, CHAKRAYAPETA MANDAL, Y.S.R (KADAPA) DISTRICT, A.P.
3. THUDUMULADINNE KARTHIK, S/O. T. JAGAN MOHAN PRASAD, B.T PALLI, SURABHI VILLAGE, CHAKRAYAPETA MANDAL, YSR (KADAPA) DISTRICT- A.P. 516259. ...RESPONDENT(S): Counsel for the Petitioner:
1. SATYA SREENIVASA RAO K Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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ORAL ORDER:
Heard Sri Satya Sreenivasa Rao K, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 and 2. 2. The case of the Writ Petitioner is that about three persons have filed O.S.No.44/2023 against theWrit Petitioner and her husband and also the Unofficial Respondent No.3 herein seeking a Decree of Permanent Injunction. While the said Suit is pending, the Writ Petitioner herein has filed W.P.No.33297 of 2023 seeking a direction to the Tahsildar (Respondent No.3 therein) for deleting the name of the Unofficial Respondent No.5 therein by including the name of the present Writ Petitioner. The Unofficial Respondent No.5 in W.P.No.33297 of 2023 is arrayed as Unofficial Respondent No.3 in the present Writ Petition. This Court has disposed of the said Writ Petition No.33297 of 2023 vide Order dated 19.09.2024, directing the Tahsildar (Respondent No.3 therein) to consider the Representation dated 12.12.2022 and dispose of the same in accordance with law. Thereafter, the Writ Petitioner has filed Contempt Case No.4643/2024. The Tahsildar (Respondent No.2) has, thereafter, issued Proceedings dated 27.11.2024 bearing Rc.No.A/41/2024 (Ex.P.2) wherein, it has been mentioned that the request of the Writ Petitioner for mutation cannot be accepted in view of the pendency of O.S.No.44/2023. It is also mentioned that I.A.No.275/2023 seeking temporary injunction is also pending. Having regard to the said Proceeding dated 27.11.2024 (Ex.P.2), the Contempt Case filed is also closed inasmuch as the Order of this Court has already been complied with by the Tahsildar. 3.
The present Writ Petition is filed seeking a prayer to consider the Representation submitted by the Writ Petitioner dated 12.12.2022 which is exactly the interim prayer sought by the Writ Petitioner in W.P.No.33297/2023. 3
4. This Court is unable to countenance as to how the present Writ Petition has been filed seeking a direction to consider the Representation of the Writ Petitioner submitted on 12.12.2022 when the said Representation was considered as per the directions of this Court dated 19.09.2024 in W.P.No.33297 of 2023 and the Tahsildar (Respondent No.2) has declined to effect the mutation by passing an Order on 27.11.2024. 5. While on one hand, the Order passed by the Tahsildar on 27.11.2024 indicating that the request of the Writ Petitioner cannot be acceded to in view of the pendency of O.S.No.44/2023, the said Order dated 27.11.2024 has not been challenged. On the other hand, this being purely a civil dispute where the Plaintiff in O.S.No.44/2023 is seeking Decree of Permanent Injunction against the Writ Petitioner and her husband and the Unofficial Respondents, during the pendency, how such request can be made. This Court is of the view that this Writ Petition is a gross abuse of process besides being devoid of any merit. 6. Although this Court is inclined to impose exemplary costs, having regard to the fact that the Writ Petitioner is a poor person, this Court has desisted from imposing exemplary costs. Accordingly, the Writ Petition is dismissed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 07.01.2025 Vns