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2025 DAILYLAW 53322 (AP)

K. Jagadeshwari v. The State of Andhra Pradesh

WP/6623/2022 · 2025-11-17

B Krishna Mohan

body2025

Judgment text

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APHC010109492022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6623/2022 Between: 1. K. JAGADESHWARI, W/O. K. HUSSAIN REDDY AGED ABOUT 33 YEARS, R/O. D.NO.9-1-189, BHAVANARAYANA NAGAR, BADVEL TOWN, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, YSR KADAPA, YSR KADAPA - DISTRICT. 4. THE DISTRICT COLLECTOR, YSR KADAPA, YSR KADAPA - DISTRICT. 5. THE TAHSILDAR, BADVEL MANDAL YSR KADAPA DISTRICT 6. THE TAHSILDAR, GOPAVARAM MANDAL YSR KADAPA DISTRICT 7. THE STATION HOUSE OFFICER, BADVEL TOWN (URBAN) PS, BADVEL ,YSR KADAPA DISTRICT. 8. MR SK HYDER BASHA, S/O.SHAIK MAHABOOB BASHA, R/O.D.NO.4-1-593/2, MAHABOOB NAGAR, GOPAVARAM MANDAL 2 HBKM,J W.P.No.6623 of 2022 BADVEL MUNICIPALITY , YSR KADAPA 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 toof Mandamus declaring the inaction of the Tahsildar, Badvel Mandal in taking action on the Letter No.E4/3801/2021, dated 27.10.2021 issued by the District Collector, YSR District, Kadapa as per rules in force even after a lapse of more than 4 months as illegal, arbitrary, unjust and violation of fundamental rights of the petitioner and Article 300A of the Constitution of India and consequently direct the Tahsildar, Badvel Mandal, YSR District to take action against the unofficial Respondents for creating forged and fake pattas and agreements in respect of petitioner's land admeasuring 0.03 cents covered by Sy.No.948 of Madakalavari Palle Village, Gopavaram Mandal, Badvel Sub-District, YSR District and pass IA NO: 1 OF 2022 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 direct the Station House Officer, Badvel Urban Police Station, YSR District not to call the petitioner and her family members to the Police Station without registering any crime and without following due process of law and not to interfere in civil matters pending disposal of the Writ Petition and pass IA NO: 2 OF 2022 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 direct the Tahsildar, Badvel Mandal and Sub-Collector, Rajampet, YSR District to take action on the Letter No.E4/3801/2021, dated 27.10.2021 issued by the District Collector, YSR District, Kadapa against the unofficial Respondents herein as per rules in force pending disposal of the Writ Petition 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 pleased to grant permission to the respondent No.6 to file counter affidavit and pass 3 HBKM,J W.P.No.6623 of 2022 Counsel for the Petitioner: 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 HBKM,J W.P.No.6623 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 6. Inspite of service of notice, none appears for the 8th respondent. 2. This writ petition was filed questioning the inaction of the Tahsildar, Badvel Mandal in taking action on the Letter No.E4/3801/2021, dated 27.10.2021 issued by the District Collector, YSR District, Kadapa as per the rules in force even after a lapse of more than 4 months. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 6th respondent submits that the 6th respondent inspected the subject disputed site on 24.01.2025 and found that the subject plot falls in Sy.No.949 and there is one room constructed with G.I. Sheets by the 8th respondent recently and noticed further that no door number was allotted to that room. The petitioner has not filed any D-form patta assigned in favour of her vendors from the revenue department. There is no electricity meter connection noticed during his personal inspection of the subject plot. It was noticed that the subject plot was assigned in favour of Sri B. Subbanna S/o Kummara Narappa vide H.S.No.169/1408 and further some un-registered sale deed transactions were carried over the subject plot and finally the 8th respondent purchased the same and constructed one room over the subject plot recently. It is also submitted that the petitioner was staying in the house in Sy.No.948 to an extent of Ac.0.03 cents, since the said survey No.948 to an 5 HBKM,J W.P.No.6623 of 2022 extent of Ac.10.30 cents was alienated in favour of Badvel and Sidhout Higher Education. On the representation made by the petitioner, the District Collector addressed a letter to the 5th respondent dated 27.10.2021. But the subject land falls in the jurisdiction of the 6th respondent to whom, no such letter was addressed by the 4th respondent. 4. In view of the above said facts and circumstances, as the petitioner could not establish any possession over the subject property, no relief can be granted in this writ petition. 5. Accordingly, this Writ Petition is dismissed. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 18.11.2025 PGT