IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT APPEAL NO: 486 OF 2025 Writ Appeal under Clause 15 of the Letters Patent preferred against the Order dt 27.03.2025 passed in W.P.No. 8091 of 2025 on the file of the High Court. Between: Jammula Nirmala, W/o. Gopala Krishna Rao, aged 56 years, Occ Cultivation, R/o. MIG 264, Road No. 33, Huda Colony, Attapur, Hyderabad - 500 064, Telangana State. ...Appellant AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Eluru District at Eluru Erstwhile West Godavari District. 3. The Revenue Divisional Officer, Jangareddygudem Revenue Division, Eluru District, Erstwhile West Godavari District. 4. The Tahsildar, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. 5. B. Lakshmi Narayana, S/o. B.Dasaradhaiah aged 71 years, R/o. Seethampeta, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. 6. G. Suseela, W/o. G. Ramarao, aged 62 years, R/o. Dammapeta Mandal, Badragiri Kothagudem District, Telangana State 7. B. Anasurya, W/o. Late B.Satyanarayana aged 78 years, R/o. Seethampeta, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. ...Respondents lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to dispense with filing of Certified Copy of Order Dt. 27.03.2025 passed in W.P No. 8091 of 2025 on the file of this Hon’ble Court and to receive the main Writ Appeal on file, by accepting a copy thereof downloaded from the Official Website of this Hon’ble Court in the interests of justice. lA NO: 2 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 suspend the operation of Order dt. 27.03.2025 passed in W.P.No. 8091 of 2025 and consequently direct the Respondents not interfere in any manner with the petitioner’s peaceful possession over her land admeasuring Ac. 20.14 Cents comprising Ac. 11.00 Cents, Ac. 2.75 Cents, Ac. 1.45 Cents, Ac. 2.76 Cents, Ac. 2.18 Cents respectively covered by R. Sy. No’s 164, 182-2, 183-1, 183-2A, 183-2B of Bandivarigudem Village and Panchayat, T.Narasapuram Mandal, Eluru (Erstwhile West Godavari) District, pending disposal of the main Writ Appeal. Counsel for the Appellant: SRI SITA RAM CHAPARLA Counsel for the Respondents: SRI PETLURI NAGARAJU Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: M/s SODUM ANVESHA The Court made the following order: 1 APHC010199482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 486/2025 Between: Jammula Nirmala ...APPELLANT AND The State Of Andhra Pradesh and Others Counsel for the Appellant: 1.SITARAM CHAPARLA Counsel for the Respondent(S): 1.PETLURI NAGARAJU ...RESPONDENT(S) 2.GP FOR REVENUE 3.SODUM ANVESHA The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) One Sri Balusu Ramachandra Rao was the owner of Ac.20.14 cents of land in various survey numbers of Bandivari Gudem Village, T. Narasapuram Mandal, Eluru District. This property had come to the share of Sri B. Ramachandra Rao in the partition between himself and his brothers. Upon the 2 demise of Sri B. Ramachandra Rao, on 02.11.2009, the property devolved on his wife namely, Pushpavathi as they did not have any children. Smt. Pushpavathi had executed a deed of gift, dated 21.05.2010, registered as document No. 1944/2010 in favour of the appellant herein. 2. Thereafter, a rectification deed was executed on 01.07.2010. On 25.11.2020, two deeds of cancellation of gift were executed by Smt. Pushpavathi and registered as document Nos.8931/2020 and 8932 of 2020, cancelling the gift deed and the rectification deed. 3. Smt. Pushpavathi passed away on 02.07.2021. The respondents 5 to 7, who are the brother, sister and widow of another brother, claimed ownership over the land, on the ground that they are nearest relatives of Sri B. Ramachandra Rao and Smt. Pushpavathi. The respondents 5 to 7 also claimed that they are in possession of the said land. 4. Respondents 5 to 7 herein (arrayed as petitioners in W.P.No.8091 of 2025), filed W.P.No.8091 of 2025 contending that the appellant (arrayed as respondent No.5 in W.P.No.8091 of 2025), with the assistance of the official respondents, was seeking to dispossess them from the said land and that a direction requires to be issued to the respondents not to dispossess the respondents 5 to 7. A learned Single Judge of this Court, by way of an order, dated 27.03.2025, had allowed the Writ Petition with a direction to the respondents, in the Writ Petition, not to dispossess the respondents 5 to 7 herein except in accordance with law. 5. 3 6. Aggrieved by the said judgment, the appellant has filed the present appeal. 7. It is the contention of the appellant that the cancellation of the deed of gift is illegal as unilateral cancellation is not permissible.She further contends that she had no notice of the filing of W.P.No.8091 of 2025 and the same came to be disposed of without any opportunity of hearing being given to her. Further, the appellant also submits that she had moved this Court, by way of W.P. No. 8589 of 2025, assailing the cancellation of the deed of gift given in her favour and the action of the official respondents therein, in accepting and registering such a deed of cancellation. 8. Sri Sita Ram Chaparla, learned counsel for the appellant would submit that a learned Single Judge of this Court, by an order dated 03.04.2025, had granted status quo regarding the land in question. He submits that the respondents 5 to 7 herein are seeking to dispossess the writ petitioner from the land under the guise of the order of the learned Single Judge, dated 03.04.2025. Smt. S. Anvesha, learned counsel for respondents 5 to 7 would 9. submit that the order of status quo has been granted after disposal of W.P.No.8091 of 2025 and the same cannot enure to the benefit of the i appellant. 10. A perusal of the order of the learned Single Judge would show that the order has been passed without notice to the appellant herein. The 4 learned Single Judge had also proceeded to hold that the respondents 5 to 7 are in possession of the said land. It appears that this finding was given on the basis of instructions submitted by the learned Government Pleader who was appearing in the matter. 11. As the aforesaid finding of the learned Single Judge would affect the interest of the appellant, it would be appropriate that the appellant is given an opportunity to set out her case before the Court. 12. In the circumstances, this Writ Appeal is allowed setting aside the order of the learned Single Judge, dated 27.03.2025, in W.P.No.8091 of 2025 and remanding the matter back to the learned Single Judge for a decision after an opportunity of hearing is given to the appellant. 13. In view of the fact that W.P.No.8589 of 2025 would also have baring on the case, it would only be appropriate that both the Writ Petitions are taken up together. Pending further orders by the learned Single Judge, status quo shall be maintained by both sides in ail respects. There shall be no order as to 14. costs. As a sequel, miscellaneous petitions, if any, shall stand closed. Sd/- E KAMESWARA RAO JOINT REGISTRAR //TRUE COPY// SECnDN OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Eluru District at Eluru Erstwhile West Godavari District. 3. The Revenue Divisional Officer, Jangareddygudem Revenue Division Eluru District, Erstwhile West Godavari District. 4. The Tahsildar, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. 5. The Section Officer, Posting Section, High Court of Andhra Pradesh. 6. The Section Officer, Writ (Non-Service) Section, High Court of Andhra Pradesh. 7. One CC to Sri Sita Ram Chaparla, Advocate [OPUC] 8. One CC to Sri Petiuri Naga Raju, Advocate [OPUC] 9. One CC to M/s Sodum Anvesha, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. [OUT] 11. Two CD Copies RAM i high court DATED:05/05/2025 ORDER WA.No.486 of 2025