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2025 DAILYLAW 29430 (AP)

P SHILPA v. THE STATE OF ANDHRA PRADESH

WP/21454/2025 · 2025-08-12

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010421122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . O *er iso vJ WEDNESDAY, THE THIRTEENTH DAY OF AUGUST *»>**■■ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21454 OF 2025 Between: 1. P. Shilpa, C/o. M. Pradhan, aged about 32 years, R/o 3-53Parthichenu, Kuppam Mandal, Mallanuru, AdaviBudugur, Chittoor District, Andhra Pradesh. 2. M. Kanakamma, W/o H.M.Muragesh, Aged about 55 years, R/o 3-53 Parthichenu, Kuppam Mandal, Mallanuru, AdaviBudugur, Chittoor District, Andhra Pradesh. W/o H.M.Muragesh, Aged about 55 years, R/o 3-53, Parthichenu, Kuppam Mandal, Mallanuru, Adavi Budugur, Chittoor District, Andhra Pradesh. 3. M. Lalitha ; ) ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. 2. The District Collector, Nellore town, Chittoor District. 3. The Revenue Divisional Officer, Kuppamtown, Chittoor District. 4. The Tahsildar, Kuppammandal, Chittoor District. ...Respondents 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 action of the Respondents in trying to dispossess petitioners from their lands inSy No 9/3 to an extent of Ac 0.75 Cents and house sites to an extent of 0.021/2 cents with No 124/99 and extent of Ac 0.021/2 cents in No 123/99 Sy No 8/1 in village, Kuppammandal, Chittoor District, without issuing any notice and without following due process of law is arbitrary, illegal, contrary to law, unjust, colourable exercise of power, in violation of principles of natural justice, in violation of Articles 14, 21 and 300-A of the Constitution of India and direct the Respondents not to interfere with the possession of the lands situated in Sy.No 9/3 to an extent of Ac 0.75 Cents and house sites in Sy No 8/1 to an extent of 0.021/2 cents with No 124/99 and an extent of Ac 0.021/2 cents in No 123/99 in ponnaguru, Mallanuru village, Kuppammandal, Chittoor District. an ponnaguru, Mallanuru lA 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 not to dispossess the petitioners from the lands situated Sy No:9/3 to an extent of Ac 0.75 Cents and house sites in Sy No;8/1 to an extent of 0.021/2 cents with No; 124/99 and an extent of Ac 0.021/2 cents in No: 123/99 in ponnaguru, Mallanuru village, Kuppammandal, Chittoor District, without following due process of law pending disposal of the above writ petition. Counsel for the Petitioners: SRI C VAMSI KRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010421122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21454/2025 Between: 1.P SHILPA, C/0. M. PRADHAN, AGED ABOUT 32 YEARS, R/0 3-53PARTHICHENU, KUPPAM MANDAL, MALLANURU, ADAVIBUDUGUR, CHITTOOR DISTRICT, ANDHRA PRADESH. 2.M. KANAKAMMA, W/0 H.M.MURAGESH, AGED ABOUT 55 YEARS, R/0 3-53 PARTHICHENU, KUPPAM MANDAL, MALLANURU, ADAVIBUDUGUR, CHITTOOR DISTRICT, ANDHRA PRADESH. 3.M. LALITHA,, W/0 H.M.MURAGESH, AGED ABOUT 55 YEARS, R/0 3-53, PARTHICHENU, KUPPAM MANDAL, MALLANURU, ADAVI BUDUGUR, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2.THE DISTRICT COLLECTOR, , NELLORE TOWN, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER CHITTOOR DISTRICT. 4.THETAHSILDAR, KUPPAMMANDAL, 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 topleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in trying to disposses petitioners from their lands inSy No 9/3 to an extent of Ac 0.75 Cents and house sites to an extent of 0.021/2 cents with No 124/99 and an extent of Ac 0.021/2 cents in No 123/99 Sy No 8/1 in Kuppammandal, Chittoor District, without issuing any notice and with outfoHowing due process of law isarbitrary, illegal, contrary to law, unjust, colourable exercise of power, in violation of principles of natural justice, in violation of Articles 14, 21 and 300-A of the DEPARTMENT OF REVENUE, AP KUPPAMTOWN ponnaguru, Mallanuru village. Constitution of India and direct the Respondents not to interfere with thepossession of the lands situated inSy Nom 9/3 to an extent of Ac 0.75 Cents and house sites in Sy No 8/1 to an extent of 0.021/2 cents with No 124/99 and an extent of Ac 0.021/2 cents in No 123/99 in ponnaguru, Mallanuru village, Kuppammandal, Chittoor District and to pass lA 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 Respondents not to disposses the petitioners from the lands situated Sy No;9/3 to an extent of Ac 0.75 Cents and house sites in Sy No:8/1 to an extent of 0.021/2 cents with No: 124/99 and an extent of Ac 0.021/2 cents in No: 123/99 in ponnaguru, Mallanuru village, Kuppammandal, Chittoor District, without following due process of \aw pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1.C VAMSI KRISHNA Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21454 of 2025 ORDER:- Precisely the writ petition is filed to declare the action of respondents in trying to dispossess the petitioners from their lands in Sy.No.9/3 to an extent of Ac 0.75 cents and house sites to an extent of 0.021/2 cents with No:124/99 and an extent of Ac 0.021/2 cents with Mallanuru village, issuing any notice and No:123/99 in Sy.No.8/1 in ponnaguru, Kuppammandal, Chittoor District, without without following due process of law, is arbitrary and illegal. Learned Assistant Government Pleader appearing on behalf of respondents furnished written instructions dated 12.08.2025. Relevant portion in the said proceedings is extracted hereunder: 2. “...In view of the above, 1 submit that Sy.No.9/3B an extent of Ac 0.1650 cents is under possession and enjoyment of P.Shilpa W/o M.Pradha, Revenue Department is issued PPB/TD Vide Khata No 1024, we are not dispossesses from the land in Sy.No.9/3B and in the writ petition mentioned House site relevant an extent of Ac 0.0250 cents each with no 124/99 & 123/99 in Sy.No.8/1, As seen the field constructed Church and House in an extent of Ac 0.16 cents not tallied with identified land for Anna Canteen, On ground seen the Sy.No.8/4 is come proposal Anna Canteen location. The petitioners submitted House site possession certificates were not found in office record and also verified the 1999 House site file. Those beneficiary details were not covered vide VHS.No/723/1999, Dt; .04.1999. may be treated those possession certificates as False documents. Hence the Tahsildar, Kuppam is submitting that no need to issue any Notices to the writ petitioners regarding that identified site to Anna canteen is come in Sy.No.8/4 classification is Gutta Poramboke as 4 m per fair adangal of Ponnanguru Revenue Village and writ petitioner mentioned House site pattas in Sy.No.8/1 in writ petition, there is no any connection to Sy.No.8/4 and 8/1 and also followed the Due process of Law in the subject relevant land, Hence, I humbly submit to the Hon'ble High Court for disposal of writ petition at admission stage in favour of Government....” On perusal of the written instructions, the respondents are admitting that an extent of Ac 0.1650 cents is under the possession and enjoyment of P.Shilpa W/o M.Pradha, Revenue Department is issued PPB/TD vide Khata No. 1024, and it is further asserted that the 3. respondents are not dispossessing the petitioner from the land in Sy.No.9/3B and in the writ petition mentioned House site equivalent to an extent of Ac 0.0250 cents each with no 124/99 & 123/99 in Sy.No.8/1. Hence, it is clear that the respondents are not interfering with the petitioners’ property. 4. Therefore, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioners from the subject property, except in accordance with due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. K tata rao ^3iSTRAR section officer v-»rriUER Sd/- deput //TRUE COPY// To, 1- The Principal Secretary, Department Pradesh, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. of Revenue, State of Andhra 2. The District Collector, Nellore town, Chittoor District. 3. The Revenue Divisional Officer, Kuppam town, Chittoor District. 4. The Tahsildar, Kuppam Mandal, Chittoor District. 5. One CC to Sri C Vamsi Krishna, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM ■m HIGH COURT DATED:13/08/2025 S (f 2 SEP 2025 m Current Section . ^ ORDER WP NO. 21454 OF 2025 DISPOSING OF THE WP WITHOUT COSTS