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High Court of Andhra Pradesh · body

2025 DAILYLAW 47797 (AP)

A.Elijabeth v. The State of Andhra Pradesh,

WP/4955/2018 · 2025-12-09

Ninala Jayasurya

body2025

Judgment text

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APHC010112842018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 4955/2018 Between: 1. A.ELIJABETH, W/O.RATHNAM, AGE. 55 YEARS, OCC- HOUSE WIFE, ARE RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 2. H.KRUPAMMA, W/O KANAKANNA AGE -58 OCC- HOUSEWIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 3. A.RANI, D/O A.RATHNAM AGE. 35 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 4. H.RATNAMMA, W/O H.BHEEMANNA AGE. 65 YEARS, OCC. HOUSE WIFE ARE RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 5. A. NIRAMALA, W/O SUDHAKAR AGE. 40 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 6. GADDAM DORABABU, S/O BALAJI AGE. 55 YEARS, OCC. COOLIE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 7. ANJINAMMA, W/O BALAJI, AGE. 55 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT NJS,J W.P No.4955 of 2018 2 8. G.PANDU, S/O G. LAKSHMINARAYANA AGE. 40 YEARS, OCC. COOLIE , ARE RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 9. LAKSHMAMMA, W/O GNANAPRAKASHAM AGE. 59YEARS, OCC- HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 10. M.SANJANA, W/O M.KUMAR AGE. 38 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 11. VADDE RAMANJANEYULU, W/O VADDE THIMMAPPA AGE. 40 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT 12. VADDE PADMA, W/O VADDE VENKATESHULU AGE. 45 YEARS, OCC. HOUSE WIFE, RESIDENTS OF MANDAGIRI GRAMPANCHAYATH MANDAGIRI ADONI TALUQ AND MANDAL , KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR KURNOOL, KURNOOL DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADONI, KURNOOL DISTRICT 4. THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. DADI RADHA KRISHNA represented by Mr. V S K Rama Rao Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) NJS,J W.P No.4955 of 2018 3 The Court made the following Order: Heard Mr. V S K Rama Rao, learned counsel appearing through online on behalf of the learned counsel for the petitioners. 2. Also heard Mr. K Arjun Chowdary, learned Assistant Government Pleader, who made submissions with reference to the latest instructions, dated 02.12.2025 received from the respondent No.4. 3. The present writ petition is filed in the year 2018 seeking to declare the action of the respondent Nos.3 and 4 in interfering with the peaceful possession and enjoyment of house site pattas stated to have been granted to the petitioners and trying to dispossess them from the plot Nos.1 to 5 and 9 to 15 in Survey No.474 of Mandagiri Gram Panchayath, Adoni Village & Mandal, Kurnool District as illegal, arbitrary, etc. 4. The learned counsel for the petitioners made submissions inter alia with reference to the material on record i.e., house pattas stated to have been issued in favor of the petitioners. He submits that as the respondent authorities, more particularly respondent Nos.3 and 4 were attempting to dispossess the petitioners from the said house plots which are in their possession and enjoyment, without following the due procedure as contemplated under law, the petitioners are constrained to file the present writ petition. 5. He submits that without cancelling the said pattas and following the due procedure, the petitioners cannot be dispossessed or deprived from the house sites granted in their favor. Making the said submissions, the learned counsel seeks appropriate orders by protecting the interest of the petitioners. 6. On the other hand, the learned Assistant Government Pleader submits that the house sites pattas stated to have been issued to the petitioners are not genuine, as no house site pattas can be issued in Survey No.474 which is classified as <Rasta Poramboke=. NJS,J W.P No.4955 of 2018 4 7. Drawing the attention of this Court to the material enclosed to the instructions including the latest Adangal dated 02.12.2025 in respect of Survey No.474 wherein the description of the land is shown as <Rasta=, he further submits that as per the said instructions dated 02.12.2025, the land in said Survey No. is vacant and not occupied by the petitioners and there are no constructions in the said Survey number. 8. In the light of the specific written instructions which are taken on record, this Writ Petition is disposed of, providing that the respondent No.4 is at liberty to initiate action in respect of the subject matter properties by issuing appropriate notice to the petitioners, if they are in possession of the subject matter plots. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date:10.12.2025 Ksj