PEYYALA MALLESWARAMMA v. The State of Andhra Pradesh
WP/20397/2025 · 2025-08-04
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28277 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28277 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010401312025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 20397/2025 Between:
1. PEYYALA MALLESWARAMMA, W/O AYYARAIAH, AGED ABOUT 39 YEARS, OCCUPATION HOMEMAKER, RESIDING AT DOOR NO. 17, BUCHANAPALLE, SANDRAPALLE POST, GOPAVARAM MANDAL, GOPAVARAM PROJECT SITE, KADAPA DISTRICT, ANDHRA PRADESH - 516233. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522238. 2. THE DISTRICT COLLECTOR, YSR KADAPA, KADAPA DISTRICT - 516001, ANDHRA PRADESH. 3. THE TAHSILDAR, BADVEL, BADVEL MANDAL, KADAPA DISTRICT - 516227, ANDHRA PRADESH. 4. SMT POKALARAMULAMMA, W/O SHANKAR REDDY, R/O CHINNAKESAMPALLE VILLAGE, BADVEL MUNICIPALITY, KADAPA DISTRICT - 516227, ANDHRA PRADESH. ...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 more particularly one in the nature of Writ of Mandamus, declaring the impugned notice dated 30.07.2025 issued by the 3rd Respondent Tahsildar, Badvel Mandal, Kadapa District, in Ref. No. C/429/205, directing the Petitioner to attend a so-called fresh enquiry regarding Survey No. 1778, Plot No. 133 VFIS No. 166/1420, admeasuring 2 cents, situated at Chennampalli Revenue Village, as illegal, arbitrary, violative of the principles of natural justice and res judicata, and without jurisdiction and Consequently, set aside the said notice dated 30-07-2025 and pass such
2 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 Suspend the operation of the impugned notice dated 30.07.2025 issued by the 3rd Respondent Tahsildar, Badvel Mandal, Kadapa District, in Ref. No. C/429/205, and restrain the Respondents from conducting any further enquiry or taking any coercive steps against the Petitioner in relation to Survey No. 1778, Plot No.133 VMS No. 166/1420, admeasuring 2 cents, situated at Chennampalli Revenue Village, pursuant to the complaint of the 4th Respondent and pass such
Counsel for the Petitioner:
1. YEDIDA AKHIL PAVAN
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following:
3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO.
20397 of 2025 ORDER:
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the impugned notice dated 30.07.2025 issued by the 3rd Respondent Tahsildar, Badvel Mandal, Kadapa District, in Ref. No. C/429/205, directing the Petitioner to attend a so-called fresh enquiry regarding Survey No.1778, Plot No. 133, VHS No. 166/1420, admeasuring 2 cents, situated at Chennampalli Revenue Village, as illegal, arbitrary, violative of the principles of natural justice and res judicata, and without jurisdiction and consequently, set aside the said notice dated 30-07-2025 and pass such other order or further orders as this Hon’ble Court may deem fit and proper in the interest of justice and equity.”
2. The 3rd respondent/Tahsildar, Badvel Mandal issued notice, dated 30.07.2025 to the petitioner in response to the complaint given by the unofficial 4th respondent. The notice directs that the petitioner shall appear for an enquiry regarding the rights over the house site in an extent of Ac.0.02 cents in Plot No.133 VHS No.166/1420 situated in Survey No.1778 of Chennampalli Revenue Village. Aggrieved by the impugned notice dated 30.07.2025, the present writ petition is filed on the ground that an earlier notice was issued by the Tahsildar, to which the petitioner submitted an explanation, Furthermore, the application of the unofficial respondent was rejected. Therefore, the issuance of the
4 impugned notice again is hit by the principle of res judicata. Consequently, the petitioners prays that the impugned notice dated 30.07.2025 be set aside. 3. Without appraising the merits of the case, this Court deems it appropriate to dispose of the present writ petition directing the petitioner herein to submit detailed explanation to the impugned notice, dated 30.07.2025 and considering the said explanation, the 3rd respondent/Tahsildar is hereby directed to conduct enquiry and pass appropriate orders after giving an opportunity of hearing to the petitioner herein. Till such time, the respondents are hereby directed not to take any coercive steps against the petitioner herein. 4. With the above said observation, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 05.08.2025 SPP
5
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No:20397 of 2025
Date : 05.08.2025
SPP