APHC010045652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2296/2025 Between: 1. KALUMALA @ KUNJAM VANITHA, W/O RAM BABU DORA, AGE 35 YRS, OCC HOUSEWIFE, R/O GANGAVARAM VILLAGE AND MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR, TRIBAL WELFARE, RAMPACHODAVARAM, ALLURI SITHA RAMA RAJU DISTRICT. 3. THE TAHSILDAR GANGAVARAM, MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 4. THE SPECIAL DEPUTY TAHSILDAR, GANGAVARAM MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 5. KUNJAM KRISHNA, S/O LATE ABBAI DORA R/O GANGAVARAM VILLAGE AND MANDAL, ALLURI SITHA RAMA RAJU 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 to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in seeking to SRS,J W.P.No.2296 of 2025 disposes the petitioner from her land (House Site) an extent of Ac 0.08 cts in Sy.No.57/7 situated at Gangavaram Village and consequently direct the respondents not to dispossess the petitioner from her land (House Site) mentioned above without following the due process of law, in the interest of Justice 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 direct the respondents 3 and 4 not to interfere and dispossess the petitioner from her land (Flouse Site) of an extent of Ac 0.08 cts in Sy.No.57/7 situated at Gangavaram Village & Mandal, Alluri Sitha Rama Raju District, pending disposal of the above writ petition and pass IA NO: 2 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 vacate the interim order dated 30.01.2025 passed in W.P.No.2296 of 2025 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. K VENKATESH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: :: ORDER :: The above writ petition has been filed to declare the action of respondents 3 & 4 in trying to dispossess the petitioner from the land (house site) of an extent of Ac. 0.08 cents in Sy.No.57/7 situated at Gangavaram Village & Mandal, Alluri Sitha Rama Raju District, is illegal and arbitrary. Page 3 of 5 SRS,J W.P.No.2296 of 2025 2. Heard Sri M. Babji, learned counsel for the petitioner and Sri Rama Krishna, learned Assistant Government Pleader for Social Welfare, appeared for respondents 1, 2 & 4, and Sri Bhagath Singh, learned Assistant Government Pleader for Revenue, appeared for respondent No.3. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of land (house site) of an extent of Ac.0.08 cents in Sy.No.57/7. The petitioner purchased the land from Bosumardhi Eswarama W/o Satyanarayana under a sale deed dated 16.06.2020. Since then, the petitioner has been in possession and enjoyment of the property. Be that as it may, respondents 3 & 4, without issuing notice, are trying to dispossess the petitioner. 4. A counter affidavit was filed on behalf of respondent No.3. In para No.3 of the affidavit, it was contended inter alia that the total extent in Sy.No.57/7 i.e. Ac.1.82 cents, is classified as Village site (Gramakantam). Out of which, Ac.0.25 cents was occupied by a constructed basement. Another parcel of land of an extent of Ac.0.05 cents was claimed by the petitioner, which is part Sy.No.56. The total extent in Sy.No.56 i.e. Ac.1.00 cents, is classified as Government land, designated as a road (Bandidari), and it is vacant and unoccupied. No action has been initiated against the petitioner in respect of land of an extent of Ac.0.02 cents in Sy.No.57/7. The Gramakantam land was vested with the Gram Panchayat as per G.O.Ms.No.188, dated 21.07.2011. The Tahsildar, Gangavaram and his subordinates neither visited the site nor tried to dispossess the petitioner. 5. No reply affidavit was filed by the petitioner. 6. Thus, as seen from the pleadings, the petitioner occupied land of an extent of Ac.0.02 cents in Sy.No.57/7 (Gramakantam) and constructed a basement. The claim of the petitioner over the subject land has been disputed SRS,J W.P.No.2296 of 2025 by respondent No.3. The document filed by the petitioner is an unregistered document, on which the Court cannot rely. 7. Given the facts and circumstances of the case and since the respondent No.3 admitted the possession of the petitioner over an extent of Ac.0.02 cents in Sy.No.57/7, the Writ Petition is disposed of directing the respondents 3 & 4 not to interfere with the petitioner’s possession of the property (house site) of an extent of Ac.0.02 cents in Sy.No.57/7 situated at Gangavaram Village & Mandal, Alluri Sitha Rama Raju District, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 01.07.2025 TVN SRS,J W.P.No.2296 of 2025 183 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2296 OF 2025 Date : 01.07.2025 TVN