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2025 DAILYLAW 48010 (AP)

Sirivella Kanthamma, v. The State of Andhra Pradesh,

WP/15099/2020 · 2025-09-24

B Krishna Mohan

body2025

Judgment text

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APHC010229122020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 15099/2020 Between: 1. SIRIVELLA KANTHAMMA,, W/O. S. SHIVAYYA, AGED ABOUT 58 YEARS, R/O. H. NO. 8-473, GANDHI NAGAR, DHARMAVARAM VILLAGE AND MANDAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, AANTHAPUR DISTRICT AT ANANTHAPUR. 3. THE REVENUE DIVISIONAL OFFICER, KADHIRI, AT KADHIRI, ANANTHAPUR DISTRICT. 4. THE THASILDAR, PUTTAPARTHI MANDAL, ANANTHAPUR DISTRICT. 5. KAPPALABANDA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PUTTAPARTHI MANDAL, ANANTHAPUR DISTRICT. 6. VILLAGE REVENUE OFFICER, KAPPALABANDA VILLAGE AND PUTTAPARTHI MANDAL, ANANTHAPUR DISTRICT, STATE OF ANDHRA PRADESH. ...RESPONDENT(S): 2 BKM,J W.P.NO.15099 OF 2020 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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in trying to interfere of my property Sy. No.129-1E and extent of Ac. 03.13 cents situated in Kappalabanda Village, Puttaparthi Mandal, Ananthapur District without following due process of law under the guise of Navaratnalu/PedalandarakiIllu with intend to assigned the same to the third parties is illegal, arbitrary and violation Article 14, 19, 21 and 300-A of Constitution of India and and also the procedure established by law under The Right To Fair Compensation Transparency In Land Acquisition Rehabilitation And Resettlement Act, 2013 and Rules therein pass IA NO: 1 OF 2020 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 pleased to direct the respondents not to interfere/dispossession of the petitioner property an extent Sy. No.129-1E and extent of Ac. Ac. 03.13 cents situated in Kappalabanda Village, Puttaparthi Mandal, Ananthapur District and pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 BKM,J W.P.NO.15099 OF 2020 ORDER Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in trying to interfere with the petitioner’s property Sy. No.129-1E and extent of Ac.03.13 cents situated in Kappalabanda Village, Puttaparthi Mandal, Ananthapur District, without following due process of law under the guise of Navaratnalu/Pedalandaraki Illu with intend to assign the same to the third parties. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities concerned will follow the due procedure with respect to the subject land. There is an interim order dated 27.08.2020. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 6 are directed to deal with the subject land to an extent of Ac.03.13 cents in Sy. No.129-1E situated at Kappalabanda Village, Puttaparthi Mandal, Ananthapur District strictly in accordance with law, if so warranted, for any public purpose and if not already utilized by now for the above said welfare scheme of housing. If the petitioner is otherwise found to be in possession of the same, she shall be dealt with strictly in accordance with law, giving due opportunity of hearing to all the parties concerned including the petitioner, upon verification of the records and the subject house, an appropriate decision 4 BKM,J W.P.NO.15099 OF 2020 shall be taken on its own merits as expeditiously as possible. Any dispossession from the subject house shall not be made except by following the due procedure. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 25.09.2025 LSP 5 BKM,J W.P.NO.15099 OF 2020 235 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 15099/2020 25.09.2025 LSP