DEBBE MALA LAKSHMIDEVI v. State of Andhra Pradesh,
WP/28648/2022 · 2025-01-02
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32049 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32049 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
* IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28648 OF 2022 Between: Debbe Mala Lakshmidevi, W/o Debbe Mala Murali Manohar, Aged About 35 Years, Occ. Cultivation, Residing at H. No. 6-53-A, Mala Street, Veldurthi Mandal, Kurnool District. A.P. ...Petitioner AND
1. State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. A. P.,
2. The District Collector, Kurnool District, A.P
3. The Revenue Divisional Officer, Kurnool, Kurnool District, A.P
4. The Tahsildar, Veldurthi village, Veldurthi Mandal, Kurnool District,A.P ...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 especially the Respondent No. 4 who is trying to dispossess the petitioner from her lands in Survey No. 566, Admeasuring 0.2 Cents situated in Veldurthi Village and Mandal, Kurnool District without issuing legal notice and without following due process of law as illegal and arbitrary and violation of Article 14, 19, 21 and 300-A of Constitution of India and established judicial precedents and consequently directly the respondents not to dispossess the petitioner from his plot Bearing No. 18 in Survey No. 566 in Veldurthi Village and Mandal, Kurnool DistrictAndhra Pradesh
without following due process of law and pass Prayer is amended as per CO dt 20/10/2022 vide lA 02/22. lA NO: 1 OF 2022 -j PPC oravinq that in the circumstances pleased to direct the ggg ^ veldurthi Village and Mandal, Kr'nooTrstr^rMdL^Si:^ Without following due process of law pending disposal of the Writ Petition. lA NO: 1 OF 2024 Between: The Tahsildar, Veldurthi Village, Veldurthi Mandal, Kurnool District ... Petitioner/Respondent AND
1. Debbe Mala Lakshmi Devi, W/o, Debbe Mala about 35 years, Occupation; Cultivation Resting at H. Veldurthi Mandal, Kurnool District, A.P. Street, .. .Petitioner/Respondent AND District Collector, Kurnool District, A.P. , ♦ ad Divisional Officer, Kurnool, Kurnool District, A.P. ...Respondents/Respondents
3. The
4. The Revenue not necessary parties in this petition) (R2 to R4 are WP.No.28648/2022 and to dismiss the writ petition.
that in the circumstances Counsel for the Petitioner: SRI V NITESH
Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
APHC010470702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28648/2022 Between: ...PETITIONER Debbe Mala Lakshmidevi AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S):
1.GPFOR REVENUE The Court made the following:
ORDER: Aggrieved by the action of the 4^*^ respondent in trying to dispossess the petitioner from her lands in Sy.No.566 admeasuring Ac.0.2 cents situated in Veldurthi Village and Mandal, Kurnool District, without issuing legal notice and without following due process of law, the present writ petition is filed. Heard Sri Chilukuri Karthik,
learned counsel representing Sri V.Nitesh,
learned counsel for the petitioner and Sri Krishna Praneeth, learned Assistant Government Pleader for the respondents.
2.
3.
Learned counsel for the petitioner submitted that basing on the petitioners application to provide a house site the Government after due enquiry has issued possession certificate dated 22.02.2016 over the subject land and ever since she is in possession and enjoyment of the same. While so, when the 4“" respondent tried to interfere with her possession, filed the present writ petition and this Court, on 07.09.2022 granted interim orders directing the respondents not to interfere with the possession of the petitioner over the subject property without following due process of law. He further submitted that in the counter it is categorically stated that the respondent authorities are not trying to dispossess the petitioner from the subject site, as such, prayed to pass appropriate orders. On the other hand, learned Assistant Government Pleader on counter
4. contended that the petitioners are not in possession of the property and it is lying vacant without any construction and further the respondent authorities are not trying to dispossess the petitioner from the subject property. The writ petition is devoid of merits and prayed to dismiss the writ petition.
5. Perused the record and considered the submissions made by both the
learned counsel.
6. The respondent authorities are trying to dispossess the petitioner from the subject property without following due process is the grievance of the petitioner and this Court granted interim orders directing the respondents not to interfere with the possession of the petitioner over the subject property. A perusal of the counter would indicate that the respondent authorities are not interfering with the subject property and the same is vacant on ground and the petitioner is not in possession.
if \ The contents of the counter are self contradictory. At one breath they are stating that the petitioners are not in possession of the property and at another breath they are stating that they are not making any attempts to dispossess her Court taking due note of the material placed on record granted
7. from the site. This interim orders dated 07.09.2022. In the said circumstances, this writ petition can be disposed of with the following direction;
“The respondent authorities are directed not to interfere with the subject property except under due process of law.”
7. Accordingly, the Writ Petition is disposed of. There shall be no order as
8. to costs. miscellaneous applications, pending if any, shall stand As a sequel closed.
SD/- N NAGAMMA ASSISTANTpEGISTRAR — SECTION OFFICER //TRUE COPY// To, PrincipalSecretary, State of Andhra Pradesh, Revenue ^ Secretariat Buildings, Velagapudi, Guntur District. A. P
1. The Department
2. The District Collector, Kurnool District, A.P Divisional Officer, Kurnool, Kurnool District, A.P Veldurthi village, Veldurthi Mandal, Kurnool District,A.P
3. The Revenue
4. The Tahsildar,
5. One CC to Sri V Nitesh, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies GTS
/ HIGH COURT DATED:02/01/2025
ORDER WP.No.28648 of 2022 E 2 7 IAN 2025 s a . Currdiii ^«ACUun ^ DISPOSING OF THE W.P WITHOUT COSTS