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2025 DAILYLAW 45195 (AP)

GAJULAPALLI RAMASUBBAMMA v. THE STATE OF ANDHRA PRADESH

WP/11025/2025 · 2025-04-28

Venkateswarlu Nimmagadda

body2025

Judgment text

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. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11025 OF 2025 Between: Gajulapalli Ramasubbamma, W/o G. Krishna Reddy, Age 64 years, R/o Mallam Peta, Veerapalle Village, Badvel, Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, YSR Kadapa, YSR Kadapa District. 3. The Revenue Divisional Officer, Badvel Mandal, YSR Kadapa District. 4. The Thasildar, Badvel Mandal, YSR Kadapa District. 5. Smt. BasiReddy Venkata Subbamma, W/o Satyanarayana, Age 59 years, R/o Ganagapalli Village, Vallure Mandal, YSR Kadapa District. ...Respondents 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 Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in trying to dispossess the petitioners from house site in plot No. 118 to an 0.03 cents situated in Sy No. 1789 in Mallempeta Village, Verapalli Pancahyat , Badvel Mandal, YSR Kadapa District without issuing any prior notice or following due process of law is arbitrary, illegal and in violation of Art 14, 19 (g), 21,300-A of constitution of India and the Noice issued by the respondent No.3 and direct the interfere and dispossess the petitioners from the house site in plot No. 118 to an 0.03 cents situated in Sy No. 1789 in Mallempeta Village, Verapalli Pancahyat, Badvel Mandal, YSR Kadapa District. " consequently set-aside respondents not to 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 to direct respondents to consider the explanation and interfere and disposses the petitioners from house site in plot No.118 to an Ac 0.03 cents situated in Sy No. 1789 in Mallempeta Village, Verapalli Panchayat, Badvel Mandal, YSR Kadapa District pending disposal of the above Writ Petition. . . not to Counsel for the Petitioner: SRI RAMINENI SUDHEER Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE " Counsel for the Respondent No.5: NONE APPEARED The Court made the following: ■■ r APHC010221452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11025/2025 Between: Gajulapalli Ramasubbamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAMINENI SUDHEER Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA’' WRIT PETITION NO: 11025/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in trying to dispossess the petitioner from house site in plot No. 118 to an Ac.0.03 cents situated in Sy. No. 1789 in Mallempeta Village, Verapalli Pancahyat, Badvel Mandal, YSR Kadapa District without issuing any prior notice or following due process of law is arbitrary, illegal and in violation of Art 14, 19 (g), 21, 300-A of constitution of India and consequently set-aside the Notice issued by the respondent No. 3 and direct the respondents not to interfere and dispossess the petitioner from the house site in plot No.118 to an 0.03 cents situated in Sy. No. 1789 in Mallempeta Village, Verapalli Pancahyat, Badvel Mandal, YSR Kadapa District and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the house site in Plot No.118 admeasuring to an extent of Ac.0.03 cents in Sy.No.1789 in Mallempeta Village, Verapalli Panchayat, Badvel Mandal, YSR Kadapa Distrct was assigned to the petitioner’s husband in the year 1994 through a house site patta. After the death of the petitioner’s husband, the petitioner is in the peaceful possession and enjoyment of the subject property. While things stood thus, the 4*^ respondent issued notice dated 22.01.2025 to the submitted her explanation. But said explanation and trying to For which, the petitioner petitioner, the respondents are evict the petitioner from the not receiving the subject property. Hence, the present Writ Petition. Pleader for the respondents submits explanation, the respondents will orders within a reasonable 4. Learned Government that if the petitioner submits her consider the same and pass appropriate time. 5. Having regard to the submissions made by the iearned learned Government Pleader for the appropriate to dispose of the Writ submit her explanation to the weeks from the date of counsel for the petitioner and respondents, this Court deems it Petition directing the petitioner to respondents within a period of three(3) receipt of copy of this Order. After such submission, the respondents explanation and pass appropriate directed to consider the after providing opportunity concerned, within a status-quo parties concerned. 6. With the above directions, the Writ Petition is disposed of There shall be no order as to costs. are of hearing to the parties orders. period of two(2) months thereafter. Tiii then, shall be maintained by all the obtaining as on today € 4 As a sequel miscellaneous application, pending, if any, shalf also stand closed. Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// SECTOhTbFFICER To Revenue State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Andhra 1. The Principal Secretary Department, Pradesh. 2. The District Collector, YSR Kadapa, YSR Kadapa District Divisional Officer, Badvel Mandal, YSR Kadapa District 3. The Revenue 4. The Thasildar, Badvel Mandal, YSR Kadapa District 5. Smt BasiReddy Venkata Subbamma, W/o Satyanarayana, Age 59 R/o Ganagapalli Village, Vallure Mandal, YSR Kadapa District years, 6. One CC to Sri Ramineni Sudheer, Advocate [OPUC] GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. TwoCCsto 8. Three CD Copies sree high court DATED:29/04/2025 ORDER WP.No.11025of2025 S 0 3 JUN ?fl?5 M ^ . Current Section . ^ disposing of the w p WITHOUT COSTS