APHC010485902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25818/2023 Between: 1. MAILAMBA, W/O. K. KANNAN, AGED ABOUT 60 YEARS, OCC. HOUSE WIFE, R/O. DEVADODDI VILLAGE, BAIREDLAPALLI MANDAL, CHITTOOR DISTRICT. 2. K. KARTHIKEYAN, S/O. LATE K. KUPPA SWAMY AGED ABOUT 50 YEARS, OCC. CULTIVATION, R/O. DEVADODDI VILLAGE, BAIREDLAPALLI MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE TAHSILDAR, BAIREDLAPALLI MANDAL, CHITTOOR DISTRICT. 4. THE VILLAGE REVENUE OFFICER, DEVADODDI VILLAGE, BAIREDLAPALLI MANDAL, CHITTOOR DISTRICT. 5. MUMTHAJ BEE, W/O AMEER BASHA, AGED ABOUT 48 YEARS, R/O DEVADODDI VILLAGE, THOTAKANUMA POST, BAIREDDIPALLE MANDAL, CHITTOOR DISTRICT, AP. 6. AMEER BASHA, S/O DIWAN SAHEB, AGED ABOUT 55 YEARS, R/O DEVADODDI VILLAGE, THOTAKANUMA POST, BAIREDDIPALLE MANDAL, CHITTOOR DISTRICT, AP. RR 5 TO 6 Page 2 of 6 ARE AMENDED AS PER COURTS ORDER DT.18.11.2025 IN IA 2 OF 2023 ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in interfering with petitioners rights over the House Plot No's. 4 and 5 in an extant of 0.02 Cents each in Sy.No.322 of Devadoddi Village, Bairedlapalli Mandal, Chittoor District, stating that the same is required for laying road without following due process of law as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being voilative of the fundamental and Constitutional rights guaranteed to petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 to 4 not to interfere with petitioners rights over House Plot No's. 4 and 5 in an extant of 0.02 Cents in Sy.No.322 of Devadoddi Village, Bairedlapalli Mandal, Chittoor District, without following due process of law and pass IA NO: 1 OF 2023 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 No.3 and 4 not to dispossess petitioners from the House Plot No's. 4 and 5 in an extant of 0.02 Cents in Sy.No.322 of Devadoddi Village, Bairedlapalli Mandal, Chittoor District, belong to petitioners without following due process of law pending disposal of the above Writ Petition and pass IA NO: 2 OF 2023 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 implead the petitioners herein/proposed respondents 5 to 6 as party respondents 5 and 6 in WP.No.25818/2023 and all its allied interlocutory applications in the interest of justice, and pass IA NO: 3 OF 2023 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 vacate the interim direction passed in WP.No.25818/2023 on Page 3 of 6 4.10.2023 and consequently to dismiss the writ petition with exemplary costs, in the interest of justice, and pass Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. BHARAT BABU.N The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25818 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in interfering with petitioners rights over the House Plot No's. 4 and 5 in an extant of 0.02 Cents each in Sy.No.322 of Devadoddi Village, Bairedlapalli Mandal, Chittoor District, stating that the same is required for laying road without following due process of law as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being voilative of the fundamental and Constitutional rights guaranteed to petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 to 4 not to interfere with petitioners rights over House Plot No's. 4 and 5 in an extant of 0.02 Cents in Sy.No.322 of Devadoddi Village, Bairedlapalli Mandal, Chittoor District, without following due process of law and pass…” 2. The writ petition is filed to direct the respondents not to dispossess the writ petitioners from the house plot No's 4 and 5 to an extent of 0.02 cents each in Sy.No.322 situated in Devadoddi Village of Bairedlapalli Village, without following due procedure of law. 3. This Court granted interim direction directing the respondents not to resort to coercive action in respect of the subject matter plots, without following due process of Law. 4. Today, when the matter is taken up for consideration, learned counsel for the petitioners would submit that pursuant to the interim order granted by this Court on 04.10.2023, no further orders are required in the writ petition and requested to close the writ petition. 5. The learned counsel appearing for the unofficial respondents raised objection to the proposed disposal and stated that suit in O.S.No.355 of 2007 on the file of the learned Junior Civil Judge Palamaner filed by the unofficial respondents for permanent injunction was decreed and the same was confirmed by the Appellate Court and the Second Appeal filed by the writ petitioner was pending before this Court. Since the injunction against the writ petitioner is currently is in force, the petitioner cannot request any directions from this Court, as no further orders are necessary in the writ petition. 6. At this juncture, learned counsel for the petitioners would submit that the permanent injunction which is in force against the petitioner pertains to different property i.e., house plots no’s 11 and 12 and the house plots involved in the present writ petition is 4 and 5 the counsel's statement is a misnomer, hence prayed to close the writ petition since no further orders required in pursuant to the interim order previously granted by this Court. 7. In view of submission made by learned counsel for the petitioners, the Writ Petition is closed. If the unofficial respondents are aggrieved, they are at liberty to file appropriate proceedings. 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: 25.11.2025 TVN 56 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25818 OF 2023 Date: 25.11.2025 TVN