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2025 DAILYLAW 39280 (AP)

Smt. Yadavalli Hema v. The State of Andhra Pradesh

WP/41406/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010857112018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 41406/2018 Between: 1. SMT. YADAVALLI HEMA, W/O YADAVALLI VENKATA HARI KRISHNA SAI, AGED ABOUT 44 YEARS, OCC. HOUSEWIFE, R/O D.NO. 4-52- 4/1 LASSONS BAY COLONY, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ADDL SUPERINTENDENT OF POLICE, CID HEADQUARTERS, SESHA SAI STREET OPP. MEESEVA CENTRE, VIJAYWADA. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 4. THE TAHSILDAR, MENTADA MANDAL, VIZIANAGARAM DISTRICT. 5. AKSHAYA GOLD REAL ESTATES AND DEVELOPERS INDIA LIMITED, OFFICE LOCATED AT D.NO. 47-14/9/9 3RD FLOOR, HDFC BANK UPSTAIRS, POTLURI MANSION, DWARAKANAGAR MAIN ROAD, VISAKHAPATNAM. ...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 to to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd respondent in deleting/exempting the petitioners land in Sy.No. 2-11, 2-12, 2- 10, 3-2, 11-4, 7-14, 8-3, 13-P, 12-2, 13-P, 12-2P and 2-10 admeasuring Ac. 0.33 cents Ac. 0.58 cents, Ac. 1.95 cents Ac. 0.45 cents, Ac. 0.70 cents Ac. 0.48 cents, Ac. 0.65 cents, Ac. 5.83 cents Ac. 0.84 cents Ac. 3.27 cents, Ac. 0.56 cents and Ac. 0.98 cents totall admeasuring ac. 16.81 cents, situated at Kondalingalavalasa village, Mentada Mandal, Vizianagaram District, from the list of the properties belonging to the 5th respondent furnished to the 4th respondent, inspite of the letter of the 4th respondent dt.25-9-2017 bearing Rc.No.240/2017/SA, as being illegal, arbitrary and unconstitutional, and to grant IA 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 to direct the 2nd Respondent herein to forthwith delete the land belonging to the Petitioner i..e, land in Sy. No.2-11, 2-12, 2-10, 3-2, 11-4, 7-14, 8-3, 13-P, 12-2, 13-P, 12-2P and 2-20, admeasuring Ac. 0.33 cents Ac, 0-58 cents and Ac. 1¬95 cents, Ac. 0-45 cents, Ac. 0-70 cents, Ac. 0-48 cents, Ac. 0-65 cents, Ac. 5-83 cents Ac. 0-84 cents, Ac. 3-27 cents, Ac. 0-56, cents, and Ac.0-98 cents total admeasuring Ac. 16-81 cents, situated at Kondalingalavalasa Village, Mentada Mandal, Vizianagaram District from the list of the Properties furnished to the 4th respondent in terms of the letter of the 4th Respondent being RC NO. 240/2017/SA No. 25-09-2017, pending disposal of the main writ petition in the interest of justice and pass Counsel for the Petitioner: 1. P L RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd respondent in deleting/exempting the petitioners land in Sy.No. 2-11, 2-12, 2- 10, 3-2, 11-4, 7-14, 8-3, 13-P, 12-2, 13-P, 12-2P and 2-10 admeasuring Ac. 0.33 cents Ac. 0.58 cents, Ac. 1.95 cents Ac. 0.45 cents, Ac. 0.70 cents Ac. 0.48 cents, Ac. 0.65 cents, Ac. 5.83 cents Ac. 0.84 cents Ac. 3.27 cents, Ac. 0.56 cents and Ac. 0.98 cents totall admeasuring ac. 16.81 cents, situated at Kondalingalavalasa village, Mentada Mandal, Vizianagaram District, from the list of the properties belonging to the 5th respondent furnished to the 4th respondent, inspite of the letter of the 4th respondent dt.25-9-2017 bearing Rc.No.240/2017/SA, as being illegal, arbitrary and unconstitutional, and to grant.…” 2. Heard Sri P.L.Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the respondent authorities are not considering the letter dated 25.09.2017 and a direction may be given to the respondents to consider the letter dated 25.09.2017 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. Considering the submissions made, this writ petition is disposed of. However, the respondent authorities are directed to consider the representation of the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 MH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 270 WRIT PETITION NO: 41406/2018 Dt.21.07.2025 MH