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2025 DAILYLAW 26525 (AP)

Kavali Changamma, v. The State of Andhra Pradesh,

WP/19215/2025 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

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APHC010375922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19215/2025 Between: 1. KAVALI CHANGAMMA,, W/O.LATE K.MUNASWAMY, AGED ABOUT 79 YEARS, RESIDING AT D.NO.1-133, NARAYANAPURAM, URANDUR MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI. 2. THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATHI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI, TIRUPATHI DISTRICT 4. THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATHI DISTRICT. 5. THE TAHSILDAR, SRIKALAHASTI MANDAL, TIRUPATHI DISTRICT. 6. THE NAGARI MUNICIPALITY, REP. BY ITS COMMISSIONER, NAGARI, TIRUPATHI DISTRICT. 7. THE REGISTRAR BIRTH AND DEATH, NAGARI MUNICIPALITY, NAGARI, TIRUPATHI DISTRICT. 8. THE MANDAL REVENUE INSPECTOR, TIRUPATHI URBAN MANDAL, TIRUPATHI DISTRICT. 9. THE MANDAL SURVEYOR, TIRUPATHI URBAN, TIRUPATHI 2 DISTRICT. 10. THE VILLAGE REVENUE OFFICER, CHENNAIAHGUNTA VILLAGE, TIRUPATHI 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 more particularly in the form of Writ of Mandamus declaring the action of the respondents in proposing/proceeding to dispossess the petitioner from her private lands upto an extent of Ac.0.10 cents in Sy.No.134/18 and Ac.0.08 cents in Sy.No.135/18 of Chennaiahgunta Village, Tirupathi Urban Mandal, Tirupathi District (previously Chittoor District) and in threatening to cancel the family member certificate dated 22.12.2023 without issuance of any notice is as per se illegal, manifestly arbitrary, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and for a consequential direction to refrain from interfering with the peaceful possession of the petitioner over the said lands and to pass IA 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 may be pleased to direct the respondents not to interfere with the peaceful possession of the petitioner from her private lands upto an extent of Ac.0.10 cents in Sy.No.134/18 and Ac.0.08 cents in Sy.No.135/18 of Chennaiahgunta Village, Tirupathi Urban Mandal, Tirupathi District {previously Chittoor District), pending disposal of the writ petition and pass IA NO: 2 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 may be pleased to stay all further proceedings with respect to the family Member Certificate issued vide FAMC012303462685 Dt.22.12.2023, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 3 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS The Court made the following: ::ORDER:: Heard Sri B.Venkatesh, learned counsel for the petitioner and Sri B.V.Satyanaraya, learned Assistant Government Pleader for Revenue for respondents. 2. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of Ac.0.10 cents in Sy.No.134/18 and Ac.0.08 cents in sy.No.135/18 of Chnnaiahgunta Village, Tirupathi Urban Mandal, Tirupathi District. The property originally belonged to the petitioner’s father. After the death of the petitioner’s father, the petitioner made an application to the 4th respondent to transfer the property. The 4th respondent by the proceedings vide D.Dis.A/62/2024 dated 27.01.2024 (Ex.P1), passed orders mutating the name of the petitioner in respect of the aforementioned properties. Learned counsel would also submit that the 4th respondent is trying to dispossess the petitioner without issuing any notice. 3. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the 4th respondent is not interfering with the petitioner’s possession of the property. The same is recorded. 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 learned 4th respondent not to interfere with the petitioner’s possession, without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 28.07.2025 SNI 4 230 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19215/2025 Date: 28.07.2025 SNI