Extracted from the PDF above. The PDF is authoritative.
APHC010390542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20148/2025 Between:
1. KARANAM DEVUDAMMA, WIFE OF LATE SIMHACHALANN, AGED 64 YEARS, HOUSEWIFE, R/O D.NO. 5-1-22, KAPUTUNGLAM, BHPV POST, WARD NO. 59, PEDAGANTYADA, VISAKHAPATNAM -
530012. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, GAJUWAKA, VISAKHAPATNAM. 4. THE THAHSILDHAR, GAJUWAKA MANDAL, GAJUWAKA VISAKHAPATNAM DISTRICT. 5. KAKI GOVINDA REDDY, S/O LATE KUNCHA RAO, AGED ABOUT 54 YEARS, OCC CORPORATOR, R/O D.NO. 5-16-60/1, THUNGALAM VILLAGE, BHPV, VISAKHAPANTAM-530012. ...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
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pleased to Issue a Writ, OrdeR Direction, more particularly one in the nature of MandarriuS, declaring the interference by the 4th respondent-Tahsildar, Gajuwaka Mandai-at the instance of the 5th respondent in respect of the petitioners peaceful possession over the land admeasurig to an extent of Ac. 0.40 cents in Old S.No.30/P, New S.No.81/3, Patta No.17 of Thungalam Village, Visakhapatnam District, as illegal, arbitrary and unconstitutional, violating Articles 14, 21 and 300-A of the Constitution of India Consequently, restrain the respondents 3 and 4 from interfering in any manner with the petitioners possession and enjoyment of the said land, except by due process of law and to pass s 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 to direct the respondents 3 to 5 from interfering in any manner with the petitioner’s possession and enjoyment over the land admeasurig to an extent of Ac. 0.40 cents in Old S.No.30/P, New S.No. 81/3 Patta No. 17 of Thungalam Village Visakhapatnam District, except by due process of law pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. PALLA BALU ANIL KUMAR Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
::ORDER::
Heard Sri Palla Balu Anil Kumar, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2.
The notice in respect of the 5th respondent is dispensed with since no adverse order is passed affecting the right or interest of the 5th respondent. 3.
Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of Ac.0.40 cents in Sy.No.81/3 of Thungalam Village, Visakhapatnam District. Petitioner’s father purchased the property
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under a Registered Sale Deed dated 30.03.1955 and later bequeathed to the petitioner under a Registered Will dated 10.08.1970. The petitioner filed suit in O.S.No.279 of 2025 on the file of the Principal Junior Civil Judge, Gajuwaka, seeking perpetual injunction against the 5th respondent herein and others. The Civil Court granted an ad-interim injunction on 26.06.2025. Learned counsel would submit that the 4th respondent, without issuing any notice, is interfering with the possession of the petitioner.
4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that Sri M.Yugandhar Reddy and Smt. P.Rama Devi made a complaint in the grievance cell in respect of property in Sy.Nos.81/3B and 81/4 against the petitioner and her son on 07.17.2025. The 4th respondent inspected the subject property for preliminary inquiry. The 4th respondent is not interfering with the possession of the petitioner over an extent of Ac.0.40 cents in Sy.No.81/3. The instructions of the learned Assistant Government Pleader are made part of the record.
5. 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 Ac.0.40 cents in Sy.No.81/3 Thungalam Village, Visakhapatnam District, 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: 01.08.2025 SNI
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257 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20148/2025
Date: 01.08.2025 SNI