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2025 DAILYLAW 26959 (AP)

Pothireddy Yallamma, v. The State of Andhra Pradesh,

WP/19704/2025 · 2025-07-30

Subba Reddy Satti

body2025

Judgment text

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APHC010382772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19704/2025 Between: 1. POTHIREDDY YALLAMMA,, W/O. POTHIREDDY RAMI REDDY AGED ABOUT 50 YEARS, R/O. D.NO.6/6, DEVA NAGAR, BEEBISAHEBPET, KADAPA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE TAHSILDAR, ATTIURU MANDAL, YSR KADAPA DISTRICT. 4. THE MANDAL SURVEYOR, ATTIURU MANDAL, YSR KADAPA 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 topleased to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents 3 and 4 in interfering with possession of the petitioners patta land in Sy.No.320/A1 to an extent of Ac.2-58 cents, Sy.No.320/A2 to an extent of SRS,J W.P.No.19704 of 2025 Ac.0-70 cents of Thambhallagondi Village, Attiuru Mandal, YSR Kadapa District, by issuing notice dated 18.07.2025 for conducting the survey without considering the representation submitted by the petitioner dated 21.07.2025 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent not interfere with the possession of the petition schedule land in Sy.No.320/A1 to an extent of AC.2-58 cents and Sy.No.320/A2 to an extent of Ac.0-70 Cents of Thambhallagondi Village, Attiuru Mandal, YSR Kadapa District and 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 pleased to direct the respondent not interfere with the possession of the petition schedule land in Sy.No.320/A1 to an extent of AC.2- 58 cents and Sy.No.320/A2 to an extent of Ac.0-70 Cents of Thambhallagondi Village, Attiuru Mandal, YSR Kadapa District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Smt. Y. Mahalakshmi, learned counsel for the petitioner and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, for the respondents. 2. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of Ac.2-58 cents and Ac.0-70 cents of land in survey Nos.320/A1 and 320/A2, respectively, in Thambhallagondi village, Attluru Mandal, YSR Kadapa District. Tahsildar updated the Record of Rights and issued a Pattadar Pass Book vide patta No.564 (Ex.P1). He would submit SRS,J W.P.No.19704 of 2025 that on the request made by one K. Muni Reddy, respondent No.4 issued notice dated 18.07.2025, fixing the date of survey on 22.07.2025. Respondents 3 and 4, on the pretext of notice, are interfering with the petitioner’s possession of the subject property, without following the procedure of law. 3. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the Mandal Revenue Officer issued notice to the applicant as well as the petitioner, fixing the date of survey in respect of Ac.6-56 cents in survey No.320/A, Thamballagondhi village, Attulur Mandal. He would also submit that neither respondent No.3 nor respondent No.4 is interfering with the subject property. 4. Recording the submission of learned Assistant Government Pleader for Revenue, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondents 3 and 4 not to interfere with the subject land, without following due process of law. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 31.07.2025 IKN SRS,J W.P.No.19704 of 2025 208 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19704 / 2025 Dated: 31.07.2025 IKN