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2025 DAILYLAW 56451 (AP)

DOKKA RANI v. THE STATE OF ANDHRA PRADESH

WP/21923/2025 · 2025-12-07

Ravi Cheemalapati

body2025

Judgment text

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APHC010423812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21923/2025 Between: 1. DOKKA RANI, W/O. KRUPA RAO, AGED ABOUT 50 YEARS, R/O. D.NO. 6-72/1, KESARAPALLI VILLAGE, GANAVARAM MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. 4. THE KESARAPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KESARAPALLI, GANAVARAM MANDAL, KRISHNA 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 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 in trying to dispossess the petitioner from the residential 2 house of an extent of 242 sq. yards, bearing D.No. 6-19, bearing assessment No. 723 of Kesarapalli Village, Ganavaram Mandal, Krishna District arbitrary, illegal and capricious and violative of Principles of Natural Justice apart from violation of Right to Property guaranteed under Article 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the possession of the Petitioner without following due process of law and to 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 direct the Respondents not to dispossess/demolish the petitioner’s house in an extent of 242 sq.yards bearing D.No. 6-19, bearing assessment No. 723 of Kesarapalli Village, Ganavaram Mandal, Krishna District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the action of respondents in trying to dispossess the petitioner from the residential house of an extent of 242 sq. yards bearing D.No.6-19 and assessment No.723, situated at Kesarapalli Village, Gannavaram Mandal, Krishna District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3 3. Learned Standing Counsel, on instructions, submitted that the Gram Panchayat is not interfering with the subject property, as alleged by the petitioner. 4. Learned counsel for the petitioner requested this Court to record the said instructions and prayed to dispose of the writ petition. 5. On perusal of the written instructions, the respondent-Gram Panchayat is not interfering with the petitioner’s property, as alleged by the petitioner. 6. In view of the same, there is no purpose in keeping the writ petition pending, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed not to interfere with the subject property except under due process of law.” 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 08.12.2025. JLV 4 321 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21923/2025 Date: 08.12.2025. JLV