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2025 DAILYLAW 3876 (AP)

R. Bhagya Lakshmi, v. THE STATE OF ANDHRA PRADESH

WA/35/2025 · 2025-02-10

Harinath N, R Raghunandan Rao

body2025

Judgment text

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>4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI?^^^. MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE m a, m torn PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO-^ AND THE HONOURABLE SRI JUSTICE HARINATH.N WRIT APPEAL NO: 35 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the Order dated 23,12.2024 in W.P.No.29784 of 2024 on the file of the High Court. ^ Between: R. Bhagya Lakshmi, W/o. R. Chandrasekhar Aged 58 Years, Occ: Housewife, R/o. 3-17/A, Bazar Street, Chandragiri Chittoor District, A.P. ...APPELLANT. AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue) Secretariat, Velagapudi, Amaravathi, Guntur District Andhra Pradesh. 2. The District Collector, Tirupati, Tirupati District, A.P 3. The Revenue Divisional Officer, Tirupathi, Tirupati District, A.P 4. The Tahsildar, Renigunta Mandal Tirupati District, A.P 5. K. Sankariah, S/o. Avuliah 13-8-224/A, Tatiah Gunta Tirupati, Tirupati Dist, A.P. 6. Gouni Giridhar Murari, S/o. Adinarayana Upparapalle, Tirupati Rural, A.P 7. Kurakalva Nagaraju, S/o. Subramanyam Kurakalva Harijanawada, Renigunta Mandal Tirupati Dist, A.P. 8. P. Ramamurthy, S/o. Gopaliah, D.No. 4-97, Rjmakrishna nagar Voteru, Vedhanthapuram Tirupati Rural, Tirupathf Dist, A.P. ...RESPONDENTS i i 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 No.4 not to allow RespondentsNo. 6 to 8 not to enter and take up any construction in Petitioners land situated in Survey No. 104/1A to an extent of Acres 2-97 cents, Survey No.104/5A to an extent of Ac 0-89 cents, total extent Ac 3 and 86 cents, Kothapalem, TRirupati Division, Renigunta Mandal, Tirupati District pending disposal of the writ appeal. ^ Counsel for the Appellant: SRI DR. ^ Counsel for the Appellant: SRI DR. A. M. KRISHNA - Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE ^ Counsel for the Respondent Nos.5 to 8 : SRI GHANTA RAMA RAO FOR SRI CHALLA AJAY KUMAR The Court made the following: JUDGMENT 1 n APHC010023712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3488] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N WRIT APPEAL NO: 35/2025 Between: R. Bhagya Lakshmi, ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellant: 1.DR AM KRISHNA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.CHALLAAJAYKUMAR The Court made the following Judgment: (perHon’ble Sn justice R. Raghunandan Rao) The appellant herein, claiming ownership of Ac.2.97 cents of land, in Sy.No.104/1A and Ac.0.89 cents of land, in Sy.No.104/5A of Kothapalem Village, Tirupati Mandal, approached this Court, by way of W.P.No.29784 of 2024, contending that the respondents 5 to 8 are trying to dispossess the appellant from her land, through the assistance of the 4 respondent and the same is arbitrary and illegal. th The appellant rested her claim over the property on a DKT patta said to have been issued in favour of the appellant, on 28.06.2002. A Learned 2. 2 ip Single Judge of this Court, had initially passed an Order, dated 16.12.2024, granting an Order of Status-quo, till the next date of hearing. On 23.12.2024, the Learned Single Judge, after hearing both sides and after considering the written instructions furnished by the Learned Assistant Government Pleader, had refused to extend the order of Status-quo. The Learned Single Judge had refused to extend the order of Status-quo on the basis of the Written Instructions which stated that the DKT patta issued to the appellant was suspect. The Learned Single Judge of this Court had also directed the Revenue Divisional Officer, Srikalahasti, to enquire into the issuance of the DKT patta and the Pattadar Passbook of the appellant and to file a report by 25.02.2024. 3. 4. Aggrieved by this Order, dated 23.12.2024, the appellant has approached this Court by way of the Writ Appeal. Sri Dr. A.M. Krishna, learned counsel for the appellant would submit that the respondents 5 to 8, taking advantage of the Order of the Learned Single Judge, dated 23.12.2024, have taken up the construction activities in the land and are constructing structures at a rapid pace. He would also submit that such a construction would affect the interests of the appellant and the same needs to be stopped. 5. Sri Ghanta Rama Rao, Learned Senior Counsel appearing behalf of Sri Challa Ajay Kumar, learned counsel for the 2"^^ respondent would submit that no construction is being carried on in the said land. Learned Senior Counsel would also contend that the photographs which have been produced by the learned counsel for the appellant would not relate to the site in question. 6. on 7. Learned Assistant Government Pleader, on instructions, submits that the report, directed by the Learned Single Judge, is being made ready 3 f" and would be placed before the Learned Single Judge by the next date of hearing. In the circumstances, we do not think it would be appropriate to interfere with the Order of the Learned Single Judge in as much as any construction that may be made between today and 25.02.2025 would not result in any fait accompli against the appellant. 8. However, any construction, if made in the site, shall be subject to 9. result of the Writ Petition. Accordingly, this Writ Appeal is disposed of. There shall be no 10. order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- M RAMESH BABU DEPUTY REGIST^ //TRUE COPY// SE<^Ttd^^FICER To, 1. The Principal Secretary (Revenue) State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District Andhra Pradesh. 2. The District Collector, Tirupati, Tirupati District, A.P. 3. The Revenue Divisional Officer, Tirupathi, Tirupati District, 4. The Tahsildar, Renigunta Mandal Tirupati District, A.P^ 5. One CC to Sri Dr. A. M. Krishna, Advocate [OPUC]^ 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUTf 7. Three C.D. Copies. Cnr 'f HIGH COURT DATED: 10/02/2025 JUDGMENT WA.No.35 of 2025 £P S 2 8 FEB 2025 S ^ ^ Current aiecuon . DISPOSING OF THE WRIT APPEAL WITHOUT COSTS