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High Court of Andhra Pradesh · body

2025 DAILYLAW 41330 (AP)

C. Yashodamma, v. State of Andhra Pradesh,

WP/35799/2025 · 2025-12-22

D Ramesh

body2025

Judgment text

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APHC010692882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35799/2025 Between: 1. C. YASHODAMMA,, W/O. C. MAHALINGAPPA, AGED ABOUT 70 YEARS, RIO. VALASA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT -532221 ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. - 522238 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT - 515134 3. THE REVENUE DIVISIONAL OFFICER, PENUGONDA DIVISION, SRI SATYA SAI DISTRICT - 515110 4. THE TAHSILDAR, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT - 515281 ...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 issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the Respondents No. 3 and 4 in trying to dispossess the petitioner from the house site being an extent of Ac. 165 Sq. Yards (57x26 sq. feet) in Sy. No. 172-2 situated at Valasa Village, Amarapuram Mandal, Sri Satya Sal District, as illegal, arbitrary, violation of principles of natural justice and violative article 14, 21 and 300-A of the 2 Constitution of India and consequently direct the respondents no. 2 to 4 not to interfere in the above said subject house site IA 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 Respondents no. 3 and 4 not to dispossess the petitioner from the house site being an extent of Ac. 165 Sq. Yards (57x26 sq. feet) in Sy. No. 172-2 situated at Valasa Village, Amarapuram Mandal, Sri Satya Sal District, pending disposal of the main writ petition, Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the Respondents Nos.3 and 4 in trying to dispossess the petitioner from the house site being an extent of Ac.165 Sq. Yards (57x26 sq.feet) in Sy.No.172-2 situated at Valasa Village, Amarapuram Mandal, Sri Satya Sal District, as illegal, arbitrary, violation of principles of natural justice and violative article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents Nos.2 to 4 not to interfere in the above said subject house site and pass…” (in verbatim) 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 3. The contention of the petitioner is that, pursuant to the request made by the petitioner and after conducting a thorough enquiry, the respondents issued a possession certificate dated 07.01.2011. From the said date onwards, the petitioner has been in continuous possession and enjoyment of the subject land by using it as a residential house. It is alleged that the respondents are now interfering with the petitioner’s possession and are attempting to dispossess the petitioner from the subject property. Hence, the present writ petition has been filed. 4 4. In reply, the learned Assistant Government Pleader appearing for the respondents submitted instructions received from the Tahsildar, Amarapuram Mandal, Sri Satya Sai District, dated 19.12.2025. According to the said instructions, the land in Sy.No.172-2 is classified as Gramakantam land. As per the Grant Register, there is no proof of grant of the house site in favour of the petitioner. It is further stated that the respondents are not interfering with the petitioner’s possession. 5. Considering the said submissions, the writ petition is disposed of, directing the respondents not to dispossess the petitioner from the subject property except by following due process of law. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 23.12.2025 SNI 5 74 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 35799 OF 2025 Dt.23.12.2025 SNI