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2025 DAILYLAW 30044 (AP)

BITRAGUNTA BHAVANI @ VENKATARAMARAJU KESHAVAMURTHY BITRAGUNTA BHAVANI v. THE STATE OF AP

WP/22047/2025 · 2025-08-19

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010431642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22047 OF 2025 Between: Smt. Bitragunta Bhavani @ Venkataramaraju Keshavamurthy Bitragunta Bhavani, W/o Venkata Ramana Raju Keshava Murthy Bitragunta, aged about 78 years, physically disabled woman person, presently residing at D.No.4-16, Malkapuram Village, Thullur Mandal, Guntur District - 522237 ...Petitioner AND 1. The State of Andhra Pradesh, through the Principal Secretary, the Municipal Administration and Urban Development Department, A.P. Secretrariat, 522237, Velagapudi, Amaravati 2. The Director, Town and Country Planning Department, Chinnakakani, Mangalagiri, Guntur District - 522503. Station House Officer, Vatticherukuru Police Station, Vatticherukuru Mandal, Guntur District - 522212. 4. The Panchayat Secretary, Kornepadu Gram Panchayat, Vatticherukuru Mandal, Guntur District-522017. 5. Sri Guntupalli Narendra Kumar, S/o Late Mahadeva Rao, Former resident of Kornepadu Village, Presently residing at D.No.6-9-26, Arundalpet. Guntur City, Guntur District - 522002 3. The ...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 the Writ of Mandamus (or) any appropriate Writ directing the Respondent No.2, to furnish the copies of alleged approved Layout plan and its proceedings vide L.RNo.9/2002, to the Petitioner, under which my subject property was delineating as the House Plot Nos. 19, 20, 21,22, 23, 24, 25, 26, 27, 28, 29, 30, 41,42, 43, 44, 45, 46, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and Plot No.70, in the way purportedly claiming by Respondent No.4 and 5, along with its land use certificate allegedlyissued by the appropriate authorities to form such layout, and consequently to restrain the Respondent Nos.3 to 5 from interferering with the Fundamental Rights of the Petitioner in any manner, without invoking the due process of Law and to grant such other reliefs which this Hon’ble Court may deem fit and proper in to these circumstances of the case in the interest of justice, manner, without invoking the due process of Law 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 Respondent Nos.3 to 5, to not to hamper the Fundamental Rights of the Petitioner pending disposal of the W.P Counsel for the Petitioner: SRI SODA VEERA BRAHMA CHARY Counsel for the Respondents No.1, 2: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.4: SRI MATTEGUNTA SUDHIR The Court made the following order: 1 W.P. NO.22047 OF 2025 Date of orcler:20.08.2025 APHC010431642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22047/2025 Between: VENKATARAMARAJU W/0 VENKATA 1.BITRAGUNTA BHAVANI KESHAVAMURTHY BITRAGUNTA BHAVANI RAMANA RAJU KESHAVA MURTHY BITRAGUNTA AGED ABOUT 78 YEARS, PHYSICALLY DISABLED WOMAN PERSON, PRESENTLY RESIDING AT D.NO.4-16, MALKAPURAM VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT - 522237 ...PETITIONER AND 1 .THE STATE OF AP, , THROUGH THE PRINCIPAL SECRETARY, THE MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P.SECRETRARIAT, 522237. VELAGAPUDI, AMARAVATI - 2.THE DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, CHINNAKAKANI, MANGALAGIRI, GUNTUR DISTRICT - 522503. 3.THE STATION HOUSE OFFICER, VATTICHERUKURU POLICE STATION, VATTICHERUKURU MANDAL, GUNTUR DISTRICT - 522212. 4.THE PANCHAYAT SECRETARY, KORNEPADU GRAM PANCHAYAT, VATTICHERUKURUMANDAL, GUNTUR DISTRICT-522017. 5.SRI GUNTUPALLI NARENDRAKUMAR, S/0 LATE MAHADEVARAO, , PRESENTLY GUNTUR CITY, FORMER RESIDENT OF KORNEPADU VILLAGE RESIDING AT D.NO.6-9-26, ARUNDALPET, GUNTUR DISTRICT - 522002 2 1 W.P. No.22047 OF 2025 Date of order:20.08.2025 ...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 the Writ of Mandamus (or) any appropriate Writ directing the Respondent No.2, to furnish the copies of alleged approved ' Layout plan and its proceedings vide L.RNo.9/2002, to the Petitioner, under Which my subject property was delineating as the House Plot Nos 19 20 21.22. 23. 24. 25. 26. 27. 28. 29. 30. 41.42. 43. 44. 45. 46. 52 53 54 55 56 57. 58 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69 and Plot No^o’. in the way purportedly claiming by Respondent No.4 and 5. along with its land certificate allegedly issued by the appropriate authorities and consequently to restrain the Respondent Nos.3 with the Fundamental Rights of the Petitioner i the due process of Law and to Court may deem fit and interest of justice. use to form such layout, to 5 from interferering 3r in any manner, without invoking grant such other reliefs which this Honble proper in to these circumstances of the case in the manner, without invoking the due process of Law and to grant such other reliefs which this Honble Court may deem fit and proper in to these circumstances of the case in the interest of justice. lA NO: 1 OF 2n2.«^ circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent Nos,3 to 5, to not to hamper the Fundamental Rights of the Petitioner pending disposal of the W P and to grant such other reliefs which this Hon'ble Court may deem fit and proper in to the circumstances of the case in the interest of justice. Counsel for the Petitioner: 1. SODA VEERA BRAHMA CHARY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 <3 W.P. No.22047 OF 2025 Date of order:20.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.22047 OF 2025 ORDER: 1. The learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the 2 nd respondent in considering her representation dated 07.08.2025. 2. It is submitted that the petitioner is a physically disabled senior citizen. It is further submitted that the Panchayat Secretary, 4*^ respondent herein along with third parties, is attempting to dispossess the petitioner from her property by claiming that it falls within the layout plan bearing L.P. No. 9/2002. However, the petitioner asserts that her property neither falls within nor forms part of the said layout. The 4'^ respondent, in connivance with the 5*^ respondent, is allegedly making efforts to dispossess the petitioner from her property. 3. It is submitted that the petitioner’s property is agricultural land and as on date, she is cultivating the said land. Oral enquiries have revealed that there is no such layout covering the petitioner’s property situated in Sy. No.8 of Kornepadu Revenue Village, Vatticheruvu Mandal, Guntur District. The efforts of the petitioner to obtain further information regarding the alleged layout bearing L.P. No. 9/2002 did not yield any results, as she has been denied access to a copy of the said layout. In this regard, the petitioner submitted a representation dated 07.08.2025 4 % W.P. No.22047 OF 2025 Date of order:20.08.2025 to the 2""^ respondent, requesting a copy of layout L.P. No. 9/2002 and any other related records be furnished. 4. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel appearing for the 4*^ respondent and the learned Government Pleader for Municipal Administration & Urban Development, appearing for respondents 1 and 2, and the learned Assistant Government Pleader for Home Department, appearing for the 3'*^ respondent. 5. Considering the submissions, the writ petition is disposed of at the admission stage, directing the 2 nd respondent to consider the representation dated 07.08.2025 and furnish a copy of L.P. No. 9 of 2002, if available. In the absence of such a layout, the same shall be communicated to the petitioner in writing. In nd any case, the 2 respondent shall dispose of the representation of the petitioner within a period of six weeks from the date of receipt of this order. 6. In the meantime, it is made clear that the possession of the petitioner shall not be disturbed process of law. No costs. 7. Miscellaneous petitions, if any, pending in this writ^petition shall stand closed. or interfered with without following the due Sd/- K TATA RAO DEPUTY^REGiSTRAR //TRUE COPY// SECTION OFFICER To, Municipal Administration and Urban 1. The Principal Secretary, The Development Department, State of Andhra Pradesh, AP. Secretranat 522237. Velagapudi, Amaravati Jt 2. The Director, Town and Country Planning Department, Chinnakakahi, Mangalagiri, Guntur District - 522503. The Station House Officer, Vatticherukuru Police Station, Vatticherukuru Mandal, Guntur District - 522212. The Panchayat Secretary, Kornepadu Gram Panchayat, Vatticherukuru Mandal, Guntur District-522017. One CC to SRI SODA VEERA BRAHMA CHARY Advocate [OPUC] Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV High Court of Andhra Pradesh [OUT] One CC to SRI MATTEGUNTA SUDHIR, Standing Counsel for Panchayat [OPUC] Two CD Copies 3. 4. 5. 6. 7. 8. 9. gsg a HIGH COURT DATED: 20/08/2025 ORDER WP NO. 22047 OF 2025 e? I 16 SEP 2025 OT ^ . Current Section >%££spatcH^^ DISPOSING THE WP WITHOUT COSTS