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2025 DAILYLAW 53175 (AP)

KORIGAM SAVITHRI v. The State of Andhra Pradesh

WP/10580/2025 · 2025-04-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATl$ (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10580 OF 2025 i'* O “'rife/ Between: 1. Korigam Savithri, W/o.Gangiah, Aged about 38 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 2. Lakkireddy Venkata Subbamma, W/o.L.Rama Subba Reddy Aged about 39 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 3. Lebaku Ganga Devi, W/o. Lebaku Venkata Subbaiah, Aged about 39 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 4. Lakkineni Lakshmi Devi, W/o.L.George, Aged about 45 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 5. K.Narayanamma, W/o.K.Papi Reddy, Aged about 52 years, Occ: Cooli, R/o.Chennampalli Village Badvel Mandal, YSR Kadapa District. 6. Konda Narayanamma, W/o.Konda Subba Reddy, Aged about 50 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 7. K.Venkatamma, W/o. Gangiah, Aged about 53 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 8. Korigam Obulamma, W/o.K.Guriah, Aged about 62 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 9. Kamma Lakshmi Devi, W/o. K.Venkata Subbaiah, Aged about 40 years, Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. 10. Tummala Lakshmi Devi, W/o.T.Ramudu, Aged about 40 Occ: Cooli, R/o.Chennampalli Village, Badvel Mandal, YSR Kadapa District. years ...Petitioners AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings,Velagapudi, Guntur District. 2. The District Collector, Y.S.R. Kadapa District, Kadapa. 3. The Tahsildar, Budwel Mandal, YSR 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 an appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the high handed action on the part of the respondent No.3 in interfering with our rights over the house plots in an extent of Ac.0.02 Cents each with plot Nos.1 to 10 in Sy.No.1581 of Chennampalli Village fields, Badvel Mandal, YSR Kadapa District and trying to evict us from the subject house plots even though the petitioners are having possession certificates issued by the revenue authorities as long back in the year, 2013 and that too without more issuance of any notice to the petitioners by violating the principles natural justice on the ground that they want to assign the same in favor of third parties since there is a oral order from the local political leaders arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to the petitioners under Articles, 14, 19 and 21 of Constitution of India of as and consequently direct the respondent No.3 not to interfere with our rights over the house plots in an extent of Ac.0.02 Cents each with plot Nos.1 to 10 in Sy.NpL.J581 of Chennampalli Village fields, Badvel Mandal, YSR Kadapa District. lA NO: 1 OF 2n9fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances - in support of the petition, the High Court may be pleased to direct the respondent No.3 not to interfere with an extent of Ac.0.02 Cents each with plot Nos.1 to 10 in Sy.No.1581 of Chennampalli Village fields District without following due our rights over the house plots in Badvel Mandal, YSR Kadapa process of law; Counsel for the Petitioner.SRI. Counsel for the Respondents: GP FOR REVENUE The Court made the following: P V N KIRAN KUMAR APHC010198512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10580/2025 Between: Korigam Savithri and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.P VN KIRAN KUMAR Counsel for the Respondent{S): 1.GP FOR REVENUE ...RESPONDENT(S) The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10580/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an appropriate Writ, Order or direction more particularly one In the nature of Writ of Mandamus declaring the high handed action on the part of the respondent No. 3 in interfering with the rights of petitioners over the house plots In an extent of Ac. 0.02 Cents each with plot Nos. 1 to 10 in Sy. No. 1581 of Chennampalli Village fields, Badvel Mandal, YSR Kadapa District and trying to evict them from the subject house plots even though the petitioners are having possession certificates issued by the revenue authorities as long back in the year 2013 and that too without issuance of any notice to the petitioners by violating the principles of natural justice on the ground that they want to assign the same In favor of third parties since there is an oral order from the local political leaders as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of Constitution of India and consequently direct the respondent No. 3 not to interfere with the rights of the petitioners over the subject property and pass such other order. ” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property without following due process of law. 3 3. Learned Assistant Government Pleader for Revenue submits that, if the petitioners are in possession of the subject property, the respondents would follow due process of law. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in ‘Rame Gowda (dead) by L.Rs. V. M.Varadappa Naidu (Dead) by L.RsP”. Therefore, if the petitioners are in possession of the subject property, the respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by due process of law. 5. 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. '2004 (1) see 769 Sd/- V DIWAKAR DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District, State of Andhra Pradesh 2. The District CoHector, Y.S.R. Kadapa District, Kadapa. 3. The Tahsildar, Budwel Mandat, YSR District. (Addressee Nos.2 & 3 BY RPAD) 4. One CC to SRI P V N KIRAN KUMAR Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies « ''.Tf f HIGH COURT DATED:24/04/2025 ORDER WP.No.10580 of 2025 X I! jui. m mi ^ . Curreni section ^^ DISPOSSING THE WRIT PETITIION WITHOUT COSTS