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2025 DAILYLAW 5402 (AP)

ANNU LAXMAMMA v. THE STATE OF ANDHRA PRADESH

WP/2328/2025 · 2025-02-04

K Manmadha Rao

body2025

Judgment text

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APHC010045552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2328/2025 Between: Annu Laxmamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in interfering with the petitioners peaceful possession and enjoyment of their land admeasuring Ac.0.62 cents in Survey No.672-5 situated in Gonugunta Village, Chimakurthy Mandal Prakasam District and further trying to dispossess the petitioners from their said lands without following any known procedure established by law as illegal irregular irrational violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd respondent not to interfere with petitioners peaceful possession and enjoyment of above said lands and pass…”. 2. The case of the petitioners in brief is that the father in law of the 1st petitioner purchased the land admeasuring Ac.3.72 cents in Sy.Nos.672-4 and 672-5 by way of registered sale deed, dated 29.09.1977 vide Document No.1924/1977 and after his demise the said land was partitioned among the husband of the 1st petitioner and his brothers to an extent of Ac.0.62 cents each. Hence, the husband of the 1st petitioner got an extent of Ac.0.62 cents in Sy.No.672-5 and his name was mutated in the revenue records. Due to due health the husband of the 1st petitioner died leaving behind the 1st petitioner and his daughter (2nd petitioner) as legal heirs. The petitioners succeeded the said lands and revenue authorities have granted pattadar passbook and title deeds in their favour. While so, the 2nd respondent is trying to interfere with the possession of the petitioners over the subject land. Hence, the present Writ Petition. 3. Heard Mr Srinivas Ambati, learned counsel for the petitioner and the learned Government Pleader for Endowments appearing for the respondents. 4. On hearing, learned counsel for the petitioners submits that though the 2nd respondent has no valid right, title or interest over the subject land he is trying to interfere with the possession of the petitioners over the subject land. He further submits that if the 2nd respondent is not restrained from taking steps for dispossessing the petitioners from the subject land, there is every possibility that the petitioners may be dispossessed forcibly from their land by using police force. Hence, the learned counsel for the petitioners requests to pass appropriate orders. 5. Whereas, learned Government Pleader for Endowments submits that the respondents are not interfering with the possession of the petitioners from the subject land and if at all the respondents intend to dispossess the petitioners from the subject land they will follow due process of law. 6. Considering the submissions of learned counsel for the petitioners and the learned Government Pleader for Endowments, if the respondents intend to interfere with the possession of the petitioners over the subject land they are directed to follow due process of law. Till then, the respondents are directed not to take any coercive steps against the petitioner with regard to the subject land. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 04.02.2025 TM HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 2328/2025 Date :05.02.2025 TM