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High Court of Andhra Pradesh · body

2025 DAILYLAW 53123 (AP)

KOSURI SATYAVATHI v. THE STATE OF ANDHRA PRADESH

WP/27591/2025 · 2025-12-03

D Ramesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010508822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27591/2025 Between: 1. KOSURI SATYAVATHI, D/O NARAYANA, AGED 50 YEARS, OCC HOUSE WIFE, CASTEKONDA KAMMARA (ST), YELLAVARAM, ADDATEEGALA MANDAL EAST GODAVARI DISTRICT, ANDHRA PRADESH -533428. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR AND MAGISTRATE, O/O COLLECTORATE, ALLURI SEETHARAMA RAJU DISTRICT, PADERU DISTRICT, ANDHRA PRADESH 3. THE SUBDIVISIONAL MAGISTRATE, MOBILE COURT, RAMPACHODAVARARN ALLURI SEETHARAMARAJU DISTRICT. 4. SMT BHUMULA VENKATALAKSHMI, W/O (LATE) CHINNABBAI, D/O CHITTOJI APPARAO, AGE 53 YEARS. CASTE KONDA KAMMARA (ST), GONDOLU VILLAGE, ADDATEEGALA MANDAL, ALLURI SITARAMARAJU DISTRICT ANDHRA PRADESH ...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 to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the -2- W.P. No.27591 OF 2025 Date of order:04.12.2025 proceedings in O.S. No. 1 of 2025 on the file of the Mobile Court Rampachodavaram, and quash the same as being wholly arbitrary, illegal, void abinitio, and unsustainable in law, having been initiated contrary to the facts on record, settled principles of law, and in violation of Articles 14, 21, and 300-A of the Constitution of India and consequently hold and declare that the Petitioner is the lawful owner and possessor of the schedule property by virtue of valid customary conveyances inter se tribals, 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 to suspend the operation of the impugned injunction order passed by the 3rd Respondent in l.A. No. 06of 2025 in OS No. 01 of 2025, dated 30-01-2025 and direct the Respondents not to interfere with the possession of the Petitioner property, pending Writ Petition, in the interest of justice and pass. Counsel for the Petitioner: 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondents: 1. GP FOR REVENUE 2. P V RAMANA The Court made the following: -3- W.P. No.27591 OF 2025 Date of order:04.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 27591 OF 2025 ORDER: 1. The Writ Petition has been filed aggrieved by the orders passed by the 3rd respondent on the application filed in the Suit instituted by the 4th respondent without issuing notice to the petitioner. 2. In fact, the Suit, filed by the 4th respondent, has been numbered as O.S. No.1 of 2025. In the said Suit, the 4th respondent has also filed I.A. No. 6 of 2025 seeking temporary injunction. After considering the arguments and the materials placed on record, the 3rd respondent passed an order granting temporary injunction and directed issuance of notice. 3. Since the impugned order pertains only to the grant of a temporary injunction, the petitioner has an effective alternative remedy to file an appropriate appeal before the competent authority. In view of the same, this Court is not inclined to entertain the Writ Petition. 4. Accordingly, the Writ Petition is closed, granting liberty to the petitioner to file an appropriate application or appeal before the 3rd respondent. No costs. 5. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________ JUSTICE D.RAMESH BV