Kanugula Kalavathi, v. The State of Andhra Pradesh,
WP/5763/2025 · 2025-05-07
Venkateswarlu Nimmagadda
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 51192 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51192 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5763 OF 2025 / Between: Kanugula Kalavathi, W/o. Rama Rao, House wife aged about 72 years r/o Kanugulavanipeta, Ippili.Srikakulam District, Andhra Pradesh. ...PETITIONER AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Revenue Divisional Officer, Bheemunipatnam, Visakhapatnam District, Andhra Pradesh. 3. The Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, Andhra Pradesh. 4. The District Collector, Visakhapatnam District, Andhra Pradesh. ...RESPONDENTS
% Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction in the nature of Writ of Mandamus more particularly one declaring the action of the respondents 1 to 4 herein in trying to occupy by fixing caution boards destroying without giving and any notice or any authority, the mango plantations existing m the dry land admeasuring Ac 1.00 cents Kapuluppada village, Bheemunipatnam Mandal belonging to the petitioners in Sy.No.329/1p in , Visakhapatnam District obtained by way of D Patta vide 1586/ 1372/87;dtd 23/06/1962. JA NO: 1 OF 9()9R ;, Petition under Section 151 CPC is filed praying' that in the circumstances stated in the affidavit filed i support of the petition, the High respondents 1 to 4 to remove the caution in Court may be pleased to direct the i boards till the disposal of the suit and declaring the action of the respondents 1 to 4 herein in trying to occupy by fixing caution boards destroying without giving any notice or any authority, the mango plantations existing in the dry land admeasuring Ac Kapuluppada village Bheemunipatnam belonging to the petitioners and 1.00 cents in Sy.No.329/1p iin Mandal, Visakhapatnam District obtained by way of D Patta vide 1586/ or orders as this proper in the circumstances of the 1372/87;dtd 23/06/1962 Hon’ble Court or to pass such other order may deems fit just and case. Counsel for the Petitloner{s);SR|.
Counsel for the Petitloner{s);SR|. NALLURI Counsel for the Respondents: The Court made the following:
RAMESH BABU GP FOR REVENUE
i ^'APHC010114712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S5S [3329] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5763/2025 Between: ...PETITIONER Kanugula Kalavathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.NALLURI RAMESH BABU Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- tnl f °’'der or direction more particularly in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 4 herein in trying to occupy bynxma caution boards and destroying without giving any notice or TdmT plantations existing in the dry land admeasuring Ac. 1.00 cents Kapuluppada one Sy. No. 329/Ip In Mandat, in Village, Bheemunipatnam Visakhapatnam District belonging to the petitioners obtained bywayofOPatta vide 1586/1372/87 dated 23 06 1962 and pass such Other order." ox ana
2. Heard the learned learned Government Pleader for the counsel for the petitioner and the respondents.
3.
Learned counsel for the petitioner submits that petitioner’s father is the absolute owner of the land the admeasuring to an extent of Ac. 1.00 cents in Bheemunipatnam Mandal, Visakhapatnam Sy.No.329/1p of Kapuluppada Village, District having acquired the same through D Patta dated 23,06.1962. After the death of the petitioner's father, the petitioner has been in peaceful possession property by cultivating the the respondents are trying to destroy the mango plantation existing in the subject land and fixed the caution boards. Hence, the and enjoyment of the subject plantation. While things stood thus. mango present Writ Petition.
3 Learned Assistant Government Pleader for submits that, if the petitioner is in the respondents would follow due process of aw 4^ Revenue possession of the subject property,
5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to interfere with the petitioner’s subject property without following due process of law.
6. With the above direction, the writ (petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. \ Sd/- P. VINOD KUMAR assistant registrar \ //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary Revenue Department,State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh.[By Special Messenger]
2. The Revenue Divisional Officer, Bheemumpatnam, Visakhapatnam District, Andhra Pradesh.
3. The Tahsildar, Bheemunipatnam Mandal, Visakhapatnam District, Andhra Pradesh.
4. The District Collector, Visakhapatnam District, Andhra Pradesh.[2 TO 4 by RPAD]
5. One CC to SRI. NALLURI RAMESH BABU Advocate [OPUC]
6. Two CCs to GP FOR REVENUE ,High Court ( >f Andhra Pradesh. [OUT]
7. Three CD Copies
high court DATED:08/05/2025
ORDER ^ 19 SEP 20?5 Sectioa-^^' WP.No.5763 of 2025 ry: irt-, Z^' the writ petition COSTS IS DISPOSED OF WITHOUT