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2025 DAILYLAW 44498 (AP)

B. Kanakamma, v. The State of Andhra Pradesh

WP/10645/2025 · 2025-04-27

Venkateswarlu Nimmagadda

body2025

Judgment text

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L IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10645 OF 2025 Between: B. Kanakamma, W/o late B. Kannaiah Aged about 69 years, R/o 2-28 Gangireddipalle, Chittoor District, A.P ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Tirupati District, Andhra Pradesh 3. The Revenue Divisional Officer, Tirupati, Tirupati District 4. The Tahsildar, Ramachandrapuram Mandal, Tirupati District ...RESPONDENTS Petition under Article 226 of the Constitution'of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus order or direction, declaring the action of the Respondents, the action of the Respondents, more Particularly the Respondent Nos.2 to praying that in or any other appropriate writ. aggrieved by 4 in seeking to dispossess the Petitioner herein from lands admeasuring r extent of Ac.0.19 cents in Sy.No.25/5, Ac.0.25 cents in Sy.No.25/5G, Ac.1.04 cents in Sy. No. 18/5 situated in Gangireddipalle Village, Rawachandrapuram Mandal, Tirupati District, without following the due process of law as being illegal, arbitrary, contrary to law and violative of the Principles of Natural Justice and Articles 14,21 and 300A of the Constitution of India and Consequently direct the Respondents to not an interfere with the possession and enjoyment over land admeasuring extent of Ac.0.19 cents in Sy.No.25/5, Ac.0.25 cents in Sy.No.25/5G, Ac.1.04 cents Sy.No.18/5 Ramachandrapuram Mandal, Tirupati District. situated in Gangireddipalle Village, in lA 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 may be pleased to direct the Respondent Nos.2 to 4, to not interfere with the possession and enjoyment over land admeasuring an extent of Ac.0.19 cents in Sy.No.25/5, Ac.0.25 cents in Sy.No.25/5G, Ac.1.04 cents in Sy.No.18/5 situated in Gangireddipalle Village, Ramachandrapuram Mandal, Tirupati District, without following the due process of law, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. K VENKATA SUBBAIAH Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: APHC010190132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10645/2025 Between: B. Kanakamma ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.K VENKATA SUBBAIAH Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: NIMMAGADDA ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- ...may be pleased to issue a “Writ of Mandamus” or acfon oT/hTT'’™' declaring the p^l° w '^^^P°'^dents, aggrieved by the action of the Respondents more Particularly the Respondent Nos 2 to 4 m seeing to dtspossess the Petitionedherein from tends admeasuring an extent of Ac.0.19 cents in Sy No 25/5 Ac 0.25 cents in Sy.No.25/5G, Ac.1.04 cents in Sy.No 18/5 Mandat r ^f9j:^ddipalle Village, RamachandrapJram Mandat, Tirupati District, without following the due process of law as being illegal, arbitrary, contrary to law and iVolative p ^ of India and Consequently direct the Respondents to not interfere with the possession and enjoyment over land admeasuring an extent of Ac 0 19 cents m Sy.No.25/5, Ac.0.25 cents in Sy.No 2^5(3 Z l 04 cents in Sy.No. 18/5 situated in Gangireddipalle ViHaL Ramachandrapuram Mandal, Tirupati District and pass...’ 2. Heard the learned counsel for Assistant Government Pleader the petitioner and the learned appearing for the respondents. 3. Learned counsel for the husband is the absoluter petitioner submits that the owner and possessor of the land an extent of Ac.0.19 cents in Sy.No.25/5, Ac.0.25 cents petitioner’s admeasuring to in Sy.No.25/5G. in Gangireddipalle Village, and his name was also Ac.1.04 cents in Sy.No.18/5 situated i Ramachandrapuram Mandal. Tirupati District records and pattadar passbook was also issued in mutated in the revenue favour of him vide Khata No.511. submitted that after the demise of her husband, name was mutated in the revenue records and she became 4. It is further petitioner’s the pattadar and possessor of the subject land. While things stood thus, the 4*^^ respondent is trying to interfere with the peaceful possession of the and issued notice dated 24.01.2025 alleging that the subject petitioner land of the petitioner is an encroached one and thereby calling her to attend before him on 31.01.2025 along with the relevant documents Pursuant to the said notice, the son of the petitioner submitted a detailed 31.01.2025 to the respondent Nos.2 to 4, stating that he explanation on and his family has been in long standing possession over the subject land. In spite of receipt of the said explanation, the respondents did not take any further action till date. Hence, the present Writ Petition. On the other hand, learned Assistant Government Pleader appearing for the respondents submits that the respondents will consider the explanation dated 31.01.2025 and pass appropriate orders within a reasonable time. Having regard to the submissions made by the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be 5. 6. 4 disposed of directing the 4'*' respondent to consider the explanation dated 31.01.2025 of the petitioner and with reference to long standing possession over the subject property by their family and pass appropriate orders within a period of three (03) months from the date of receipt of copy of this Order. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. 7. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Tirupati District, Andhra Pradesh 3. The Revenue Divisional Officer, Tirupati, Tirupati District 4. The Tahsildar, Ramachandrapuram Mandal, Tirupati District 5. OneCCto SRI. K VENKATA SUBBAIAH Advocate [OPUC] 6. Two CCS to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT] 1. 7. Three CD Copies vna HIGH COURT DATED:28/04/2025 ORDER WP.No.10645of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS