Extracted from the PDF above. The PDF is authoritative.
APHC010386262025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19568/2025 Between:
1. M. RUKMINAMMA,, W/O. KESAVA REDDY, AGED 64 YEARS, HOUSE WIFE, . R/O. D.NO.0-0,
PENCHUPADU, MANDANAPALLE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT,, A.P SECRETARIAT OFFICE,
VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, CHITTOOR DISTRICT, ANDHRA PRADESH
4. THE TAHSILDAR, MANDANAPALLE, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. V LAKSHMI NARAYANA, S/O V. VENKATARAMANA, AGED 49 YEARS, R/O. D.NO.0-0, PENCHUPADU, MANDANAPALLE MANDAL, CHITTOOR DISTRICT. Page 2 of 4
6. K RAJASEKHAR SWAMY, S/O K. VENKATARAMANA RAO, AGED 57 YEARS,
R/O. D.NO.0-0,
PENCHUPADU, MANDANAPALLE MANDAL, CHITTOOR 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 particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities nos. 3 and 4 in making efforts to disposes the petitioner from his household property Plot No. 19, Block no.1, Sy.No.517, of Penchupadu Village, Madanapalle Mandal, Chittoor District which has been granted to the petitioner vide house site allotment orders vide V.H.S. 1196/E 1098/99/1403 issued by the respondent no.4 without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and violative of Art 14,15,19,21 and 300-A of the Indian Constitution and consequently direct the respondents not to interfere into the peaceful possession of the subject property situated at Plot No. 19, Block no.1, Sy. No. 517, of Penchupadu Village, Madanapalle Mandal, Chittoor District except due process of law 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 may be pleased to direct the respondent authorities not to interfere over the peaceful possession of the petitioner’s lands at Plot No. 19, Block no.1, Sy. No. 517, of Penchupadu Village, Madanapalle Mandal, Chittoor District except due process of law and pass Counsel for the Petitioner:
1. P NANILU NAIDU Counsel for the Respondent(S):
1.
GP FOR REVENUE
The Court made the following:
ORDER
Heard Sri P.Nanilu Naidu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Stamps & Registration for the respondents 1 to 4.
2. Notice in respect of respondents 5 and 6 is dispensed with, since no adverse order is passed affecting their rights and interests.
3.
Learned counsel for the petitioner would submit that the then Tahsildar assigned an extent of Ac.0.04 cents in Plot No.19, S.No.517 of Penchupadu village, Madanapalle Mandal, Chittoor District to the petitioner, and the petitioner has been in possession and enjoyment of the said plot by constructing a thatched house. Since the thatched house is in a dilapidated condition, the petitioner removed it and intended to build an RCC building; however, the respondents 3 and 4 are trying to dispossess the petitioners without following the due process of law.
4. Learned Assistant Government Pleader for Revenue while not disputing about the patta issued in favour of the petitioner, would submit that without cancelling the patta granted to the petitioner, the then Tahsildar assigned an extent of Ac.0.73 cents in S.No.517 in favour of MPUP school on 23.10.2001. There are disputes between the petitioner and the said MPUP school. The 4th respondent never interfered with Ac.0.04 cents in S.No.517.
5. The instructions submitted by the learned Assistant Government Pleader are recorded and are made part of the record.
6. 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 4th respondent not to interfere with the land of an extent of Ac.0.04 cents in Plot No.19, S.No.517 of Penchupadu village, Madanapalle Mandal, Chittoor District, without following due process of law. No order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
__________________________ JUSTICE SUBBA REDDY SATTI PVD