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High Court of Andhra Pradesh · body

2025 DAILYLAW 41673 (AP)

K LAKSHMAMMA v. THE STATE OF AP

WP/35771/2025 · 2025-12-22

D Ramesh

body2025

Judgment text

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APHC010697852025 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: 35771/2025 Between: 1. K LAKSHMAMMA, W/O LATE K. VENKATA SWAMY, AGED 83 YEARS, OCC AGRICULTURE R/O H.NO 6-30, ALLAMADU VILLAGE VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT-517 582. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY FOR REVENUE DEPARTMENT AP SECRETARIAT AT AMARAVATI A.P. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR A.P. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR REVENUE DIVISION CHITTOOR DISTRICT 4. THE TAHSILDHAR, VEDURUKUPPAM MANDAL CHITTOOR DISTRICT, A.P. ...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 of writ more particularly one in the nature of writ of Mandamus declaring the action of the respondents trying threatening to dispossess the petitioners and her family member from the assigned land bearing Ac. 1.05 cents in Sy.No.433 and Ac. 1.33 cents in Sy.No.434 and the adjacent land to an extent of 2.5 Acres brought into cultivation and in possession and enjoyment of the petitioners family from several years on the 2 assurance of granting assigned PATTA, situated at Allamadugu village, Veduru Kuppam mandal Chittoor district. And consequently direct the respondents not to dispossess the petitioners from the above said land in the interest of justice and pass 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 this respondent not to dispossess the petitioner and his family members from the assigned land Ad measuring Ac 1.05 cent in Sy. No. 433 and Ac 1.35 in Sy. No. 434 and adjacent land to an extent of 2.5 Acres situated out, cultivation and our possession, without following any due process of law in the interest of justice and pass Counsel for the Petitioner: 1. CH SRINIVAS 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 of writ more particularly one in the nature of writ of Mandamus declaring the action of the respondents trying threatening to dispossess the petitioners and her family member from the assigned land bearing Ac.1.05 cents in Sy.No.433 and Ac.1.33 cents in Sy.No.434 and the adjacent land to an extent of 2.5 Acres brought into cultivation and in possession and enjoyment of the petitioners family from several years on the assurance of granting assigned PATTA, situated at Allamadugu village Veduru Kuppam mandal Chittoor district and consequently direct the respondents not to dispossess the petitioners from the above said land in the interest of justice and pass…” (in verbatim) 2. The present writ petition is filed seeking to declare the action of the respondents in attempting to dispossess the petitioner and her family members from the assigned land admeasuring Ac.1.05 cents in Sy.No.433 and Ac.1.33 cents in Sy.No.434, and the adjacent land to an extent of 2.5 acres, which has been brought under cultivation and is in possession and enjoyment of the petitioner’s family for several years on the assurance of grant of assigned patta, as illegal and arbitrary. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 4 4. The contention of the petitioner is that though the respondent authorities have granted patta with respect to the land in Sy.Nos.433 and 434, admeasuring Ac.1.05 cents and Ac.1.33 cents respectively, and though the petitioner is also in possession of an extent of 2.5 acres in Sy.No.434, the respondents are attempting to dispossess the petitioner from the subject property with a view to alienate the same in favour of third parties. 5. In reply to the said contention, the learned Assistant Government Pleader appearing for the respondents, on instructions, has submitted that the grant of patta in favour of the petitioner in respect of Sy.Nos.433 and 434 to an extent of Ac.1.05 cents and Ac.1.33 cents is not denied. However, with regard to the alleged occupation of the petitioner over an extent of 2.5 acres in Sy.No.434, the same is denied by the respondents. It is further submitted, on instructions, that the said land is proposed to be allotted as house sites to Scheduled Tribes. 6. In the above circumstances, this Court is not inclined to grant any relief in favour of the petitioner insofar as the land admeasuring 2.5 acres is concerned. However, with respect to the land admeasuring Ac.1.05 cents in Sy.No.433 and Ac.1.33 cents in Sy.No.434, which is admittedly assigned in favour of the petitioner, the respondents are directed not to dispossess the petitioner there from except by following due process of law. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 5 Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 23.12.2025 SNI 6 82 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 35771 OF 2025 Dt.23.12.2025 SNI