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2025 DAILYLAW 48529 (AP)

B SANGAMMA v. THE STATE OF ANDHRA PRADESH

WP/11338/2025 · 2025-05-04

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY .THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11338 OF 2025 Between: B Sangamma, W/o. B. Sreeramulu, Aged 65 years, R/o. D.No.2-110 Kuderu Village and Mandal, Ananthapuram District. ...Petitioner AND 1. The State of Andhra Pradesh, Rept. by its Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Ananthapuram, Ananthapuram District. 3. The Revenue Divisional Officer, Ananthapuram, Ananthapuram District. 4. The Tahsildar, Kuderu, Ananthapuram District. ...Respondents 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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondent No.4 in forcibly taking steps to disposes the petitioner from the iand in Sy.No.453-2 to an extent of Ac.No.3.10 cents situated at Kuderu Viiiage and Mandai, Ananthapur District without issuing any notice, without having any jurisdiction, without foliowing any procedure contemplated under law is illegal, arbitrary and also violation of article 300-A Constitution of India and consequently to direct the respondents not to dispossess the petitioner in respect of land in Sy.No.453-2 to an extent of Ac.No.3.10 cents situated at Kuderu Village and Mandai, Ananthapur District. lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents not to disturb/dispossess the petitioner from the land in question i.e., in Sy.No.453-2 to an extent of Ac.No.3.10 cents situated at Kuderu Village and Mandai, Ananthapur District disposal of the writ petition. Counsel for the Petitioner: SRI N ASWARTHA NARAYANA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: may be pending APHC010219542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11338/2025 Between: ...PETITIONER B Sangamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondent No. 4 in forcibly taking steps to disposes the petitioner from the land in Sy. No. 453-2 to an extent of Ac. No. 3.10 cents situated at Kuderu Village and Mandal, Ananthapur District without issuing any notice without having any jurisdiction without following any procedure contemplated under law is illegal arbitrary and also violation of article 300A Constitution of India and consequently to direct the respondents not to dispossess the petitioner in respect of land in Sy No 4532 to an extent of Ac No 3 10 cents situated at Kuderu Village and Mandal Ananthapur District and to pass such other order or orders...” 1. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac.3.10 cents in Survey No.453-2. situated at Kuderu Village and Mandal, Ananthapur District. The petitioner succeeded the subject property from her ancestors, and she was issued pattadar passbooks and title in respect of the said land. While so, the respondents are trying to dispossess the petitioner from the subject property and are trying to alter the revenue records under the guise that the subject land is a Government land. Hence the writ petition. 2. On the other hand, the learned Government Pleader for Revenue, appearing for the respondents, submits that if the petitioner submits documents to substantiate her claim over the subject property, showing that her name has been mutated as the pattadar in the revenue records, and also if she files Form-6A application through Mee Seva for change of entries in the revenue records, the respondents will consider the same and pass appropriate orders in accordance with law. 3. Having regard to the submissions made by the learned counsel for ^<^.he petitioner and the learned Assistant Government Pleader for Revenue for the respondents, and upon perusal of the material available on C ^ appearing record, this Court is of the considered opinion that the present Writ Petition be disposed of by directing the petitioner to submit an application in Form No. 6A seeking alteration of the entries in the revenue records in can respect of the subject land, i.e., ancestral property, as the respondent authorities are contending that the subject land is a government land, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said application, the respondent authorities shall consider the same, after issuing notice to the other legal heirs of the original pattadar of the subject property and any other stakeholders, if any, including those claiming rights by way of tenancy, encroachment, or occupation, and conduct a detailed enquiry. Thereafter, the respondents shall pass appropriate orders within a period of three (03) months, in accordance with law. However, if the respondents intend to dispossess the petitioner from the subject property, they are directed to follow due procedure as contemplated under the law. 5. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the writ Consequently petition shall stand closed. SD/- A. VENUGOPALA RAO assistant REGISTRAR //TRUE COPY// OFFICER SE To 1. The Secretary to Government, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Joint Collector, Ananthapuram, Ananthapuram District. 3. The Revenue Divisional Officer, Ananthapuram, Ananthapuram District. 4. The Tahsildar, Kuderu, Ananthapuram District. 5. One CC to Sri N Aswartha Narayana, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies sree HIGH COURT DATED:05/05/2025 ORDER WP.No.11338 of 2025 O ■V V- g 0 ii JUN 2025 4£^SPATC\^^gS^ mh CO, 'V DISPOSING OF THE W.P. WITHOUT COSTS