MULAKALAPALLI VARAHALAMMA v. The State of Andhra Pradesh
WP/36810/2025 · 2025-12-30
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43242 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43242 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HN, J W.P.No.36810_2025 APHC010721552025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36810/2025 Between:
1. MULAKALAPALLI VARAHALAMMA, W/O LATE CHINNARAO, AGED ABOUT 64 YEARS, C/O H.NO.0-0, SALAPUVARIPALEM, PARVADA MANDAL.PARVADA, VISAKHAPATNAM
VISAKHAPATNAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT
SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT.522237
2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT.530001
3. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION,
ZONE-V, VISAKHAPATNAM DISTRICT.530001
4. THE TASHILDAR, GAJUWAKA MANDAL,
VISAKHAPATNAM DISTRICT. 530011
...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 topleased to issue an appropriate writ, order or direction preferable a Writ in the nature of a Mandamus declaring the action of the respondents
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HN, J W.P.No.36810_2025 particularly the 3RD and 4TH respondents trying to an illegal demolition and dispossession of Shed in an extent of 40 Sq.yds of the petitioner situated in Sy.No.155, bounded by East the House of M.D Sarfoorof a lam. West Main Port Road, North Community Hall, South the house of barma apparao house, China Gantada, SC colony, Gajuwaka, Visakhapatnam, Visakhapatnam District, without following due process of law as illegal arbitrary, Ultravires and violation of Article 14, 300A of Constitution of India and consequently direct the respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 40 Sq.yds of the petitioner situated in Sy.No.155, bounded by East the House of M.D Sarfoorof a lam.
West Main Port Road, North Community Hall, South the house of barma apparao house, China Gantada, SC colony, Gajuwaka, Visakhapatnam, Visakhapatnam District, without following due process of law 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 Pleased to direct the respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 40 Sq.yds of the petitioner situated in Sy.No.155, bounded by East: the House of M.D Sarfoorof a lam, West: Main Port Road, North: Community Hall, South: the house of barma apparao house, China Gantada, SC colony, Gajuwaka, Visakhapatnam, Visakhapatnam District, without following due process of law, pending disposal of the above writ petition, and pass Counsel for the Petitioner:
1. K NAGA PHANINDRA Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
2. GP FOR REVENUE
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HN, J W.P.No.36810_2025
ORDER:
1. The petitioner is aggrieved by the action of the respondents in attempting to dispossess the petitioner without issuing any notice. The petitioner claims title over the said property, having been granted a patta on
11.08.2008. It is submitted that the petitioner has constructed a shed over the land admeasuring 40 square yards, over which the patta was granted to the petitioner.
2. Sri A.S.C.Bose, learned Standing counsel appearing for respondent Nos.2 and 3, on written instructions, submits that the patta certificate relied upon by the petitioner refers to a survey number that is classified as cheruvu, and that the respondents would have to verify the genuinity of the said patta.
3. The learned Assistant Government Pleader appearing for respondent No.4 submits that respondent Nos.2 and 4 would have to verify the genuinity of the patta and take necessary steps accordingly.
4. Considering the submissions, the writ petition is disposed off, at the admission stage, directing the respondent authorities not to disturb the petitioner’s possession and enjoyment pending determination of the genuinity of the patta. Any action proposed to be taken by the respondents against the petitioner shall be in accordance with law. There shall be no
order as to costs Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:31.12.2025 NKA
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HN, J W.P.No.36810_2025
24 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 36810 of 2025 Date: 31.12.2025
NKA