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2025 DAILYLAW 50778 (AP)

AVULA SRIDEVI v. The State of Andhra Pradesh

WP/28052/2025 · 2025-10-13

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010539482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28052/2025 Between: 1. AVULA SRIDEVI, W/O LATE RAJA REDDY, AGE 40 YRS, OCC CULTIVATION OUT SOURCING EMPLOYEE, R/O VAIDAPUDI VILLAGE, MAREDUMILLI MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, 2. THE TAHSILDAR, MAREDUMILLI MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 3. THE SPECIAL DEPUTY TAHSILDAR, TRIBAL WELFARE, MAREDUMILLI, ALLURI SITHA RAMA RAJU DISTRICT. 4. AVULA BHUMI REDDY, S/O MANGI REDDY, R/O VAIDAPUDI VILLAGE, MAREDUMILLI MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 5. AVULA SOMI REDDY, S/O BHUMI REDDY, R/O VAIDAPUDI VILLAGE, MAREDUMILLI MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...RESPONDENT(S): 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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2 and 3 respondents and their subordinate staff in seeking to disposes the petitioner from her land to an extent of Ac 3.90 cts situated in Sy.No.47 of Vaidapuudi Village, Maredumilli Mandal, East Godavari District, presently Alluri Sitha Rama Raju District as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from her land without following the due of law, in the interest of Justice and and pass IA NO: 1 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 may be pleased to direct the respondents 2 2 and 3 and their subordinate staff not to interfere and dispossess the petitioner from her land to an extent of Ac 3.90 cts situated in Sy.No.47 of Vaidapuudi Village. Maredumilli Mandal, East Godavari District, presently Alluri Sitha Rama Raju District pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. K VENKATESH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28052 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 2 and 3 respondents and their subordinate staff in seeking to disposes the petitioner from her land to an extent of Ac 3.90 cts situated in Sy.No.47 of Vaidapuudi Village, Maredumilli Mandal, East Godavari District, presently Alluri Sitha Rama Raju District, as illegal, arbitrary and unjust and consequently direct the respondents not to interfere and dispossess the petitioner from her land without following the due of law, in the interest of Justice and pass such other order or orders.…” 2. The grievance of the petitioner is that respondent Nos.2 and 3, along with their subordinate staff, are trying to dispossess the petitioner from land admeasuring Ac.3.90 cents in Sy.No.47 of Vaidapuudi Village, Maredumilli Mandal, East Godavari District, presently Alluri Sitha Rama Raju District, without following due process of law, despite the fact that D.K.T.patta was granted in favour of the petitioner’s mother-in-law and the names of her mother-in-law and husband were also mutated in the revenue records. As her mother-in- law and husband have died, she is the absolute owner of the property. Hence, prayed to direct the respondents not to dispossess the petitioner from the subject land without following due process of law. 4 3. Heard Sri K.Venkatesh, learned counsel for petitioner, learned Government Pleader for Social Welfare for respondent Nos.1 and 3 and learned Assistant Government Pleader for Revenue for respondent No.2. 4. Learned counsel for petitioner submits respondents are interfering with the petitioner’s property without following due process of law. 5. Learned Government Pleader for Social Welfare furnished instructions dated 09.10.2025 addressed by the Tahsildar (FAC), Maredumilli. The written instructions suggest that respondents are not interfering with the petitioner’s possession and if at all they intend to acquire land, they will follow due process of law. 6. In view of the said written instructions, the present Writ Petition is disposed of directing the respondents to follow due process of law, if at all they intend to acquire any land for public purpose. Till then, respondents are directed not to interfere with the petitioner’s subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 14.10.2025 KBN