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2025 DAILYLAW 36856 (AP)

ELIKE THIRUPATAMMA v. THE STATE OF ANDHRA PRADESH

WP/209/2025 · 2025-01-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ' WRIT PETITION NO: 209 OF 2025 Between: 1. Elike Thirupatamma, W/o. Late Elike Rama Rao, Aged 70 years Occ: housewife, R/o. 2-115, Tuwachalaka Rayudu Palem, Lingap^em Mandal, West Godavari District now under Eluru Dist. Elike Venkateswara Rao, S/o. Late Elike Rama Rao Aged 38 ^ears, Occ: Tax Consultant, R/o. 2-115. Tuwachalaka Rayudu Lingapalem Mandal, West Godavari District now under Eluru District. 2. lem ...PETITIONERS AND 1. The State of Andhra Pradesh, rep by Principal Secretary for Home Department, Secretariat Amaravati The Station House Officer, Dharmajigudem Police Station Lingapalem Manda} West Godavari District now under Eluru District. The District Collector, Eluru District Eluru Andhra Pradesh. The Revenue Divisional Officer Cum Chairman Parents and Senior Citizens, Eluru Division, Eluru Andhra Pradesh. Elike Nageswara Rao, S/o. Late Rama Rao Aged about 49 Years, Occ; Business, R/o. H No. Tuwachalaka Rayudu Palem, Lingapalem Mandal West Godavari District now under Eluru District. 2. 3. 4. 5. ...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 or writs more particularly in the nature of writ of mandamus declaring the action of the 2"'^ respondent in threatening the petitioner to vacate from the house bearing Door Number 2-115 situated at Tuwachalaka Rayudu Palem, Lingapalem Mandal West Godavari District now under Eluru District pending disposal of the above appeal no 7 of 2020 on the file of 3'"' respondent is illegal, arbitrary, highhanded and con not be justified in eye of law and contrary to the orders of the high Court in order WA no 369 of 2020 dt 2-2-2021 and consequently direct the respondents not to evict the petitioner from the above said house bearing door number 2-115 situated at Tuvvachalaka Rayudu Palem, Lingapalem Mandal West Godavari District now under Eluru District in the interest of justice. lA NO: 1 OF 2n2fi 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 2'^'^ respondent does not take steps against the petitioner to evict from the house bearing D.No. 2-115 situated Tuvvachalaka Rayudu Palem, Lingapalem Mandal West Godavari District now under Eluru District in the interest of justice. Counsel for the Petitioners : SRI CH. SRINIVAS Counsel for the Respondent Nos.1 & 2 : GP FOR HOME ^ Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE ^ Counsel for the Respondent No.5 : NONE APPEARED The Court made the following: ORDER any coercive r' r, APHC010604602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 209/2025 Between: ...PETITIONER(S) Elike Thirupatamma and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.CH SRINIVAS Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the followingORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “....to issue a writ or writs more particularly in the nature of writ of mandamus declaring the action of the 2'^^ respondent in threatening the petitioner to vacate from the house bearing Door Number 2-115 situated at Tuwachalaka Rayudu Palem, Lingapalem Mandal, West Godavari District now under Eluru District pending disposal of the above appeal no. 7 of 2020 on the file of respondent is illegal, arbitrary, highhanded and not be justified in eye of lew and contrary to the orders of the high Court in order WA No.369 of 2020 dt. 2.2.2021 and consequently direct the respondents not to evict the petitioner from the above said house bearing door number 2-115 situated con at Tuvvachalaka Rayudu Palem, Lingapalem Mandat, West Godavari District now under Eturu District..” Heard the learned counsel for the Petitioners and learned Assistant 2. Government Pleader for Home for the respondents. 3. Learned counsel for the Petitioners would submit that Petitioner No.1 is 70 years old woman and she is a mother of respondent No.5. Petitioner No.1 approached the Revenue Divisional Officer under Parents and Senior Citizens Act and obtained order. Respondent No.5 preferred an appeal before the District Collector and the same was dismissed. Learned counsel would further submit that respondent No.5, who is the elder son of Petitioner No.1 is trying to influence the Police to forcibly evict the Petitioner from the schedule property. 4. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. Considering the submissions made, without touching the merits of the 5. case, the Writ Petition is disposed of. However, the Police are directed not to interfere in a civil matter and follow due process of law. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^ % To SECTION OFFICER 1. The Principal Secretary for Home Department, State of Andhra Pradesh, Secretariat Amaravati, Guntur District. House Officer, Dharmajigudem Police Station Lingapalem Manda, West Godavari District now under Eluru District. 3. The District Collector, Eluru District Eluru Andhra Pradesh. 4. The Revenue Divisional Officer Cum Chairman Parents and Senior Citizens, Eluru Division, Eluru Andhra Pradesh. . 5. One CC to Sri Ch. Srinivas, Advocate [OPUC] 6. TwoCCsto GP for Home 7. Three C.D. Copies. A High Court of Andhra Pradesh. [OUT] ' Cnr HIGH COURT DATED:10/01/2025 X I 2 MAR 2025 | ^ . Curreni section ORDER WP.No.209 of 2025 DISPOSING THE W.P. WITHOUT COSTS