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2025 DAILYLAW 46143 (AP)

K JAYA KUMARI v. THE STATE OF ANDHRA PRADESH

WP/12359/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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V IN THE HIGH COURT OF ANDHRA PRADESH :: AMAj (Special Original Jurisdiction) | TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT " THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA-^ WRIT PETITION NO: 12359 OF 2025 < -f ^ Hi Between: 1. K Jaya Kumari, W/o. Rajanna, Aged about 51 years, Occ House Wife, R/o. D.No.3-76, Jammalamadugu, Y.S.R District. 2. V.Kiran Kumari, , W/o. Eliya Aged about 68 years, Occ House Wife, R/o. D.No.4/870, Nehru Nagar, Jammalamadugu, Y.S.R District. 3. M.Padamma, , W/o. Ramu Aged about 55 years, Occ House Wife, R/o.Madakaiavaripaiie Village, Gopavaram Mandai, Y.S.R District. ...Petitioners AND 1. The State Of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R District.2. 3. The Revenue Divisional Officer, , Badvel Revenue Division, Y.S.R District. 4. The Tahsildar, Gopavaram Mandai, Y.S.R District. 5. The Revenue Inspector, Gopavaram Mandai, Y.S.R District. 6. The Village Revenue Officer, , Madakalavaripalle Village, Gopavaram Mandai, Y.S.R District ...Respond^ts Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering with our rights over the House Plots "^'No.6, 7 and 10 each plot measuring an extent of Ac.0.03 cents in Sy.No.983 of Madakalavaripalle Village, Gopavaram Mandal, Y.S.R District without assigning any reason and that too without adhering to the due process of law as arbitrary, illegal, colorable exercise of power and quite contrary to the well established legaf principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19,21 and 300-A of the Constitution of India and direct the respondent No.3 to 6 not to interfere with House Plots No.6. 7 and 10, each plot measuring an extent of Ac.0.03 cents in Sy.No.983 of Madakalavaripalle Village, Gopavaram Mandal, Y.S.R District. \A NO: 1 OF 2025 ^ consequently our rights over the Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 to 6not to interfere with our rights over the House Plots No.6 7 & 10, each plot measuring an extent of Ac.0.03 cents in Sy.No.983 of Madakalavaripalle Village, Gopavaram Mandal, Y.S.R District, without adhering to due process of law. Counsel for the Petitioner Counsel for the Respondents ; GP FOR REVENUE The Court made the following: : SRI. V R REDDY KOWURI 1 NV,J W.P.No.12359 of 2025 APHC010246222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12359/2025 Between: K Jaya Kumari and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitloner(S): 1.VR REDDY KOWURI Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.No.12359 of 2025 The Court made the following: / This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, claiming the following direction: 1. “To issue Writ of Mandamus declaring the action of the respondent No.4 in interfering with our rights over the House Plots No.6, 7 and 10 each plot measuring an extent of Ac.0.03 cents in Sy.No.983 of Madakalavaripalle Village, Gopavaram Mandal, Y.S.R without assigning any reason and that too without adhering to the ■ due process of law as arbitrary, illegal, colorable exercise of power and quite contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300- A of the Constitution of India and consequently direct the respondent No.3 to 6not to interfere with our rights over the House Plots No.6. 7 and 10, each plot measuring an extent of Ac.0.03 cents in Sy.No.983 of Madakalavaripalle Village, Gopavaram Mandal, Y.S.R District ” District During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law. 2. li 3 NV,J W.P.No.l2359of2025 Learned Assistant Government Pleader for Revenue submits that, the respondents would follow due process of law and requested to pass appropriate orders. 3. 4. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and perused the material available on record. 5. When the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs/”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to dispossess the petitioners from their subject property, except by following due process of law. 6. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. 7. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R District. 3. The Revenue Divisional Officer, Badvel Revenue Division, Y.S.R District. 4. The Tahsildar, Gopavaram Mandal, Y.S.R District. 5. The Revenue Inspector, Gopavaram Mandal, Y.S.R District. 6. The Village Revenue Officer, Madakalavaripalle Village, Gopavaram Mandal, Y.S.R District (1 to 6 by RPAD) 7. One CC to SRI V R REDDY KOWURI Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies KSR (gsg) HIGH COURT DATED:06/05/2025 ORDER 31JUL 2025 Co Svs^kjiTWtSectigiX'^^ WP. No.12359 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS