K. SWARUPA RANI v. PRL. SECY., REV. DEPT. & 2 ORS.
WP/37311/2017 · 2025-07-03
R Raghunandan Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39211 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39211 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
-N APHC010837202017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) > 35 < 'V >! O o o /» FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 37311 OF 2017 Between: Kopuri Swarupa Rani, W/o Yohanu, 40 years. Door No.2-887/A, Agatha Varappadu Village, Reddypalem, Pedakakani Mandal, Guntur District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. The District Collector Guntur District Guntur The Tahsildar Pedakakani Mandal Guntur District
2. 3. ...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 of Mandamus, declaring the action of the respondent Nos.2 & 3 in interfering with the petitioner's possession of land to an extent of Ac.1.30 cents in S.Nos.63, 6^107 of Agathavarappadu village, Pedakakani Mandal, Guntur District as illegal, improper, unjust, arbitrary and violative of principles of natural justice and Article 300-A of the Constitution of India and consequently declare that the respondent to consider her representationdated 07.08.2017
lA NO: 1 OF 2017(WPMP 46350 OF 2017) 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 respondents not to evict the petitioner from the land to an extent of Ac.1.30 cents in S.Nos.63, 65, 107 of Agathavarappadu village, Pedakakani Mandal, Guntur District pending disposal of the writ petition lA NO: 4 OF 2018 Between:
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector Guntur District Guntur
3. The Tahsildar Pedakakani Mandal Guntur District ...Petitioners/Respondents No.1 to 3 AND Kopuri Swarupa Rani, W/o Yohanu, 40 years. Door No.2-887/A, Agatha Varappadu Village, Reddypalem, Pedakakani Mandal, Guntur District.
...Respondnet/Petitioner 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 vacate the interim order granted on 29.11.2017 in WPMP No. 46350 of 2017 in WP No. 37311 of 2017 Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondents No.1 to 3: GP FOR REVENUE (AP) The Court made the following order:
APHC010837202017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 37311/2017 Between;
1.K. SWARUPA RANI, W/0 YOHANU, 40 YEARS, DOOR N0.2-887/A, AGATHA VARAPPADU VILLAGE, REDDYPALEM, PEDAKAKANI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 2 ORS, REVENUE DEPARTMENT, 1.PRL SECY REV DEPT SECRETARIAT, VELAGAPUDI, AMARAVATHI.
2.THE DISTRICT COLLECTOR GUNTUR DISTRICT GUNTUR, - 3.THE TAHSILDAR PEDAKAKANI MANDAL GUNTUR DISTRICT, - ...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 toto issue, a writ of Mandamus, declaring the action of the respondent Nos.2 & 3 in interfering with the petitioner's possession of land to an extent of Ac.1.30 cents in S.Nos.63, 65;107 of Agathavarappadu village, Pedakakani Mandal, Guntur District as illegal, improper, unjust, arbitrary and violative of principles of natural justice and Article 300-A of the Constitution of India and consequently declare that the respondent to consider her representation dated 07.08.2017 lA NO: 1 OF 2017(WPMP 46350 OF 2017
2 RRR, J .' W.P.No.37311 of2017 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 respondents not to evict the petitioner from the land to an extent of Ac.1.30 cents in S.Nos.63, 65, 107 of Agathavarappadu village, Pedakakani Mandal, Guntur District pending disposal of the writ petition lA NO: 1 OF 2018 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 lA NO: 4 OF 2018 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 vacate the interim order granted on 29.11.2017 in WPMP No. 46350 of 2017 in WP No. 37311 of 2017 lA NO: 5 OF 2018 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 permit the Petitioner/Proposed Respondent to implead as Respondent No.4 in W.P.No.37311 of 2017 and to pass Counsel for the Petitioner:
1.MAHADEVA KANTHRIGALA Counsel for the Respondent(S):
1.GP FOR REVENUE (AP) 2.SATYANARAYANA NIMMALA 3.KANADHI BHATLA SRINIVASA MURTHY
3 RRR, J W.P.No.37311of2017 The Court made the following order: The petitioner herein had approached this Court, contending that the respondents 2 & 3 are interfering with her possession over an extent of Ac. 1.30 cents of land in Sy.No.63, 65 & 107 of Agathavarappadu Village Pedakakani Mandal, Guntur District.
2. It is the case of the petitioner that her father-in-law had been in possession of the land and that after his death, the land was cultivated by her mother-in-law and her husband. Subsequently, after the demise of her nd mother-in-law, the petitioner was making representations to the 2 respondent to mutate her name in the revenue records and for issuance of pattadar passbook and title deed. The petitioner also relied upon certain online receipts under which she claims that her possession can be seen. 3. The case of the petitioner is that despite her long standing possession and her representations for mutating her name in the revenue ^ records, the respondents 2 & 3 are seeking to dispossess her without following the procedure established by law. 4. Two implead petitions have been filed by two persons, claiming title to part of the said lands. This Court does not intend to go into this issue. as the complaint of the petitioner is that her possession is being interfered with, without following the procedure established by law. Accordingly, the implead petitions have already been dismissed, vide separate orders. 4 RRR, J W.P.No.37311of2017
5. The official respondents have filed counter affidavit stating that the land in question is Government land and that the father-in-law of the petitioner had encroached on this land. It is further stated that notices under Land Encroachment Act, 1905, (here-in-after referred to as “the Act”) were being issued from time to time and fine amounts were being paid for continued possession by the encroachers. The official respondents state that due process would be followed for evicting the petitioner’s land by issung notices under Section 6 & 7 as per the Act. 6. In that view of the matter, and without going into the factual issues, this Writ Petition is disposed of, directing the respondents 2 & 3 to follow due process of law in the event of taking any steps against the petitioner for evicting her from the land mentioned above. There shall be no
order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- U. SPJDEV! ASSISTANT ^GISTRAR SECTION OFFICER //TRUE COPY// To, Revenue
1. The Principal Secretary, State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravathi.
2. The District Collector Guntur District Guntur
3. The Tahsildar Pedakakani Mandal Guntur District
4. One CC to SRI MAHADEVA KANTHRIGALA Advocate [OPUC]
5. Two CCS to GP FOR REVENUE (AP) High Court of Andhra Pradesh [OUT]
6. Two CD Copies gsg
HIGH COURT DATED: 04/07/2025
ORDER WP NO. 37311 OF 2017 gf 0 7 AUG 2025 iTTentSectjofl^V DISPOSING THE WP WITHOUT COSTS