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2025 DAILYLAW 32398 (AP)

Chikolu Shakuntalamma v. The State of Andhra Pradesh

WP/24234/2025 · 2025-09-08

Harinath N

body2025

Judgment text

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APHC010477622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24234 OF 2025 Between; Chikolu Shakuntalamma, W/o. Chikolu Mayur Kumar Aged about 44 years, .No.1-1251/5, Tailors Colony Kailasagiri, Srikalahasti, Occ: Housewife R/o Tirupathi District. / ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Depdriment Secretariat, Velagapudi Amaravathi, Guntur District. ^ 2. The Srikalahasti Municipality, R^t. By its Municipal Commissioner Srikalahasti, Tirupathi District. / ^ 3. The Tahsildar, Srikalahasti mandal Tirupathi 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 writ of Mandamus to declare the action of the respondents more particularly respondent Nos.2 and 3 in interfering with the petitioner' s house bearing D.No.1-1251/5 situated in Kailasagiri at Plot N0.138-A in Sy.No.386 of Srikalahasti town, Tirupathi District without following due process of law as arbitrary, illegal, highhanded and also violative of Articles 14, 21 and 300-A of of the Constitution of India and consequently direct the respondent Nos.2 and 3 t". to interfere with the petitioner's house bearing D.No.1-1251/5 situated in Kailasagiri at Plot No.138-A in Sy.No.386 of Srikalahasti town, Tirupathi District. ■ / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent Nos.2 and 3 not to interfere with the petitioner’s house bearing D.No. 1-1251/5 situated in Kailasagiri at Plot N0.138-A in Sy.No.386 of Srikalahasti town, Tirupathi District pending disposal of the Writ Petition. ^ Counsel for the Petitioner: SRI B. SARVOTHAM REDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY Counsel for the Respondent No.3 : GP FOR REVENUE The Court made the following order: ■ 'K ^ APHC010477622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24234/2025 Between: 1.CHIKOLU SHAKUNTALAMMA, W/0 CHIKOLU MAYUR KUMAR AGED ABOUT 44YRS, OCC HOUSEWIFE R/0 H.NO.1-1251/5, TAILORS COLONY KAILASAGIRI, SRIKALAHASTI, TIRUPATHI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT MUNICIPAL ADMINISTRATION DEPARTMENT 2.THE SRIKALAHASTI MUNICIPALITY, REPT. BY ITS MUNICIPAL COMMISSIONER SRIKALAHASTI, TIRUPATHI DISTRICT 3.THETAHSILDAR, SRIKALAHASTI MANDAL TIRUPATHI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.B SARVOTHAM REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 f- ORDER:- The petitioner has been allotted plot No.138-A, admeasuring Ac.0.02 cents in Srikalahasti Town, vide patta No.521/2005, dated 28.12.2005. The learned counsel for the petitioner submits that the petitioner 2. constructed the house by obtaining financial aid under the Pradhan Mantri Awas Yojana and also from the State Government under N.T.R. Housing Scheme. The petitioner constructed the house in the year 2016-17 and has also displayed the mandatory board, as required under the scheme, showing the details of construction under the Pradhan Mantri Awas Yojana Scheme. It is submitted that respondent Nos.2 and 3 are now trying to dispossess the petitioner and interfere with the petitioner’s possession and enjoyment of the said house. Learned Standing counsel appearing for the 2'"'^ respondent, on written instructions, submits that the officers of the 2"^^ respondent are not interfering 4. with the possession and enjoyment of the petitioner. Learned Assistant Government Pleader appearing for the 3'^ respondent submits that the patta certificate which is relied upon by the petitioner is not found in the records of the revenue authorities and as such, submits that the petitioner has no valid title or patta in respect of Plot No.138- 5. A and the construction is on Government land and is therefore unauthorized. 6. Considering the submissions of the learned counsel for the petitioner, the learned Standing Counsel appearing for the 2 nd respondent and the * learned Assistant Government Pleader appearing for the 3'^^ respondent and taking into account that the petitioner has constructed the house with the financial aid from the State, there shall be a direction to the respondents not to dispossess the petitioner or interfere with the possession and enjoyment of the petitioner without following due process of law. 7. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. //TRUE COPY// Sd/- K.KASl RAO ACHAW assistant registrar // ^ SECTION OFFICER To, 1. The Principal Secretary Municipal Administration ^ Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District 2. The Municipal Commissioner, Srikalahasti Municipality, Srikalahasti, Tirupathi District. 3. The Tahsildar, Srikalahasti Mandal 4. One CC to Sri B. Sarvotham Reddy, Advocate 5. Two CCs to GP for Revenue, High Court 6. Two CCs to GP for Municipal Admn Court of AP [OUT] 7. One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC) 8. Two CD Copies Tirupathi District. [OPUC] of Andhra Pradesh [OUT] And Urban Development, High Cnr HIGH COURT DATED:09/09/2025 ORDER WP NO. 24234 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS