Tamadala Kondamma, v. The State of Andhra Pradesh,
WP/7619/2020 · 2025-04-30
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56777 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56777 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
5^ ■a IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7619 OF 2020 Between: Tamadala Kondamma, W/o. Mallayya, Hindu, aged about 50 years, R/o. Dharamallapuram Village, Sankavaram Mandal, East Godavari District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Pri. Secretary. Revenue Department, Secretariat at Velagapudi, Guntur District. The District Collector, , East Godavari District at Kakinada. The Tahsildar, Sankavaram Mandal, East Godavari District. Dawaleswarapu Surya Prakash Rao, S/o. Late Suryanarayana, R/o. Katheru Village, Near Tirumala College, Rajahmundry Rural Mandal, East Godavari District. 2. 3. 4. ...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 appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondent and his sub-ordinates in seeking to dispossess the petitioner and her land to an extent of Ac. 1.00 cts. in Sy. No. 62-1B situated in Polavaram Village of Sankavaram Mandal, East Godavari District without J
following due process of law as wholly illegal, arbitrary and unjust and consequently direct the respondents not to dispossess the petitioner from the above mentioned lands without due process of law, lA NO: 1 OF 2020 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 3rd respondent not to dispossess the petitioner from her land to an extent of Ac. 1.00 cts. in Sy. No. 62-1B situated in Polavaram Village of Sankavaram Mandal, East Godavari District. Counsel for the Petitioner: SRI. K VENKATESH Counsel for the Respondent Nos.
1 to 3: GP FOR REVENUE The Court made the following order:
APHC010122672020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7619/2020 Between; Tamadala Kondamma, ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.KVENKATESH Counsel for the Respondent(S):
1.GP FOR REVENUE (AP)
V. 2 TCDSJ W.P.No.7619 of 2020 The Court made the following Order: The petitioner claims that she was granted D-form patta in respect of land admeasuring an extent of Ac.1.00 cents in Sy.No.62-1B of Polavaram Village, Sankavaram Mandal, East Godavari District. Subsequently, she was also issued pattadar passbook and title deeds. It is further case of the petitioner that her name was also mutated in the
1. revenue records, i.e., in Form 1-B and Adangals. She also claims that she is in peaceful possession and enjoyment of the said land since the date of grant and has been personally cultivating the same. It is further case of the petitioner that the 3^^ respondent has been interfering with her possession over the subject land at the instance of the 4*^ respondent. It is further stated that originally the subject land was assigned in favour of the father of the 4’^'^ respondent, and subsequently the same was cancelled during the year 1986 and later the said land was assigned in her favour. Despite cancelling the D- form patta issued in favour of the father of the 4^'' respondent, the 4 respondent influenced the 3'“^ respondent to see that the petitioner is evicted from the subject land. It is further case of the petitionerthat the 3'^'^ respondent continued to interfere with her possession without issuing notice or without following due process of law. Questioning the said action of the 3'^'^ respondent, the present writ petition is filed. 2. th
3 TCDS.J W.P.No.7619 of 2020 When the matter taken up for hearing, learned Government Pleader for Revenue placed instructions dated 19.03.2020, furnished by the 3'"^ respondent. On perusal of the said instructions, it is clearly stated that the petitioner is enjoying the subject land without any interruption.
It is further stated that the 3'"'^ respondent has not interfered
3. with the possession of the petitioner and no action has been initiated nor any notice is issued to the petitioner. It is further averred that the present writ petition is filed on apprehension that she would be dispossessed. The said instructions are placed on record. 4. rd In view of the categorical assertion made by the 3
5. respondent in instructions dated 19.03.2020, taking into consideration of the submissions made by both counsel, this Court feels that it is rd appropriate to dispose of the present writ petition by directing the 3 respondent not to dispossess the petitioner from the subject land except in accordance with law. Accordingly, the Writ Petition is disposed of. No order as to
6. costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// II SECTION OFFICER To,
1. The State of Andhra Pradesh, Rep. by its Pri. Secretary. Revenue Department, Secretariat at Velagapudi, Guntur District. 2. The District Collector, East Godavari District at Kakinada. 3. The Tahsildar, Sankavaram Mandal, East Godavari District. 4. One CC to Sri. K Venkatesh Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. 6. Three CD Copies [OUT] GSC
HIGH COURT DATED;01/05/2025 ORDER WP.No.7619 of 2020 disposing the WP WITHOUT COSTS