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2025 DAILYLAW 57073 (AP)

Bodabattula Triveni v. State of Andhra Pradesh

WP/29960/2021 · 2025-10-05

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010498912021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29960/2021 Between: 1. BODABATTULA TRIVENI, W/O.LATE BODABATTULA JAGANNADHA RAO, AGED 53 YEARS, RESIDING AT DOOR NO COLONY, OLD GAJUWAKA, VISAKHAPATNAM 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE COMPLEX, MAHARANIPETA, VISAKHAPATNAM 3. THE TAHSILDAR, OFFICE OF THE TAHSILDAR, MANDAL, KASIMKOTA, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH - 531031 4. THE VILLAGE REVENUE OFFICER KASIMKOTA REVENUE VILLAGE, KASIMKOTA MANDAL, VISAKHAPATNAM DISTRICT 531031 5. MR SRINIVAS, S/O. AND AGE NOT KNOWN TO THE PETITIONER, WORKING AS VILLAGE REVENUE OFFICER, KASIMKOTA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 29960/2021 BODABATTULA TRIVENI, W/O.LATE BODABATTULA JAGANNADHA RAO, AGED 53 YEARS, RESIDING AT DOOR NO-7-16 COLONY, OLD GAJUWAKA, VISAKHAPATNAM - 530 026 ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI ANDHRA PRADESH - 522 238 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE COMPLEX, MAHARANIPETA, VISAKHAPATNAM - 530 002 THE TAHSILDAR, OFFICE OF THE TAHSILDAR, MANDAL, KASIMKOTA, VISAKHAPATNAM DISTRICT, ANDHRA 531031 THE VILLAGE REVENUE OFFICER KASIMKOTA REVENUE VILLAGE, KASIMKOTA MANDAL, VISAKHAPATNAM DISTRICT MR SRINIVAS, S/O. AND AGE NOT KNOWN TO THE PETITIONER, G AS VILLAGE REVENUE OFFICER, KASIMKOTA VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT - 531 031 ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN BODABATTULA TRIVENI, W/O.LATE BODABATTULA JAGANNADHA 16-2/2, VAJAPAI 530 026 ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, A.P. SECRETARIAT, 522 238 THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE COMPLEX, MAHARANIPETA, THE TAHSILDAR, OFFICE OF THE TAHSILDAR, KASIMKOTA MANDAL, KASIMKOTA, VISAKHAPATNAM DISTRICT, ANDHRA THE VILLAGE REVENUE OFFICER KASIMKOTA REVENUE VILLAGE, KASIMKOTA MANDAL, VISAKHAPATNAM DISTRICT - MR SRINIVAS, S/O. AND AGE NOT KNOWN TO THE PETITIONER, G AS VILLAGE REVENUE OFFICER, KASIMKOTA VILLAGE 531 031 ...RESPONDENT(S): 2 BKM,J W.P.No.29960 of 2021 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 order or direction more particularly one, in the nature of writ of Mandamus, declaring the action of the respondents in interfering with the possession, ownership and enjoyment of the petitioner and her family members, over the land in an extent of Ac 0.12 cents in Sy.No.95/7 of Kasimkota Village, Kasimkota Mandal, Visakhapatnam District, by laying access road to the adjoining housing layout developed under Navaratnalu - Pedalandariki Illu, without any notice and without following due process of law and at the instance of private parties as being illegal, arbitrary, high-handed and against Principles of Natural Justice and violative of Article 14, 21 and 300A of the Constitution of India and consequently direct the respondents remove the access road laid on the land of the petitioner covered in and extent of Ac 0.12 cents in Sy.No.95-7 of Kasimkota Village and Mandal, Visakhapatnam District and further direct the respondents not to interfere with the possession, ownership and enjoyment of the petitioners land in Sy.No.95/7 of Kasimkota Village and Mandal, Visakhapatnam District and to pass IA NO: 1 OF 2021 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 to maintain status quo with respect lands covered in an extent of Ac 0.12 cents in Sy.No.95/7 of Kasimkota Village and Mandal, Visakhapatnam District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. S PRANATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.29960 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondents in interfering with the possession, ownership and enjoyment of the petitioner and her family members, over the land in an extent of Ac. 0.12 cents in survey No.95/7 of Kasimkota Village Kasimkota Mandal, Visakhapatnam District, by laying access road to the adjoining housing layout developed under “Navaratnalu - Pedalandariki Illu”, without any notice and without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4, relying upon the written instructions of the 3rd respondent dated 19.12.2021, submits that the subject land was not used for formation of the road. 4. In view of the same, no further orders are necessary in this writ petition. 5. Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. The written instructions of the 3rd respondent dated 19.12.2021 shall be made as part of the Court record. There shall be no order as to costs. 4 BKM,J W.P.No.29960 of 2021 As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 06.10.2025 MDP