KUDUMBULA VENKATAMMA v. THE STATE OF ANDHRA PRADESH
WP/9574/2025 · 2025-04-16
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45399 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45399 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010182622025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9574/2025 Between: Kudumbula Venkatamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S):
1. GP FOR REVENUE
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The Court made the following order:
The petitioner claims that she is the absolute owner and possessor of house site admeasuring an extent of 100 ankanams. It is her further case that she has constructed an RCC roofed building thereon, which has been assessed by the Grama Panchayat vide Assessment No.499 bearing Door No.5-173, situated in Sy.No.340 of Chinthavaram Kothapalem, Chinthavaram Village, Chillakuru Mandal, Tirupati District. 2. It is further case of the petitioner that, when the respondent Nos.5 to 10 tried to interfere with her possession over the subject land, she filed suit vide OS.No.35 of 2025, on the file of the Principle Junior Civil Judge, Gudur, seeking permanent injunction. Along with the said suit, she also filed an interlocutory application vide IA No.89 of 2025, seeking temporary injunction. The said suit and interlocutory application are pending adjudication. 3. While so, on 02.04.2024, at about 8:30 pm, the 4th respondent at the behest of respondent Nos.5 to 10, highhandedly tried to interfere with the petitioner’s possession and orally directed her to vacate for laying a road on the southern
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side of the subject land. It is further contended that the 4th respondent, without issuing any notice and without following the procedure contemplated under law, forcefully tried to evict the petitioner from the subject land. Questioning the said action, the present writ petition is filed. 4. On the other hand, learned Assistant Government Pleader for Revenue placed on record the written instructions dated 09.04.2025, furnished by the 4th respondent. On perusal of the same, it is stated that the writ petitioner is not in possession of 100 ankanams as alleged by her. It is further stated that, some portion of the land out of total extent of 100 ankanams was granted for house site patas to land less poor persons. It is further contended that, the remaining land is vacant on ground. Apart from 100 ankanams, the petitioner has also encroached into adjacent land.
The instructions further read that the petitioner is not allowing the villagers to draw water from public tap. On coming to know about the same, the petitioner was orally instructed not to obstruct the villagers from drawing water from the said public tap. It is stated that, no notice is issued to the petitioner and in case, if the authorities want to initiate any action,
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they will do so after following due process of law. The said instructions are placed on record. 5. The only grievance of the petitioner is that the respondents are trying to interfere with her possession over the subject lands without issuance of any notice. On perusal of instructions placed before this Court, it is clear that the petitioner is in possession of the subject land. 6. Taking into consideration all the submissions made by both the learned counsel, the present writ petition is disposed of, directing the respondents not to interfere with the possession of the petitioner over the subject land, without following due process of law. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR
Dt.17.04.2025 DSB
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191 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
WP No.9574 of 2025 Date 17.04.2025
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