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2025 DAILYLAW 57967 (AP)

Gubbala Venkata Lakshmi, v. The State of Andhra Pradesh,

WP/25367/2020 · 2025-10-22

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010380132020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Between: 1. GUBBALA VENKATA LAKSHMI,, W/O SRINIVASU, AGE 49 YEARS, 4 3, CHAKALI STREET, YANAMADURRU VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DIST. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, DEPARTMENT OF DEVELOPMENT, SECRETARIATE BUILDING, VELAGAPUDI AMARAVATHI, GUNTUR DIST. 2. THE YANAMADURRU GRAMAPANCHAYAT, REP BY ITS SECRETARY, YANAMADURRU,BHIMAVARAM MANDAL, WEST GODAVARI DIST. 3. THE DISTRICT PANCHAYATH OFFICER, WEST GODAVA DISTRICT, ELURU, WEST GODAVARI DIST. 4. THE TAHSILDAR, BHIMAVARAM MANDAL, BHIMAVARAM, WEST GODAVARI DIST. 5. THE DIST COLLECTOR, WEST GODAVARI DIST, ELURU, WEST GODAVARI DIST. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25367/2020 GUBBALA VENKATA LAKSHMI,, W/O SRINIVASU, AGE 49 YEARS, 4 3, CHAKALI STREET, YANAMADURRU VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DIST. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJU AND RURAL DEVELOPMENT, SECRETARIATE BUILDING, VELAGAPUDI AMARAVATHI, GUNTUR DIST. THE YANAMADURRU GRAMAPANCHAYAT, REP BY ITS SECRETARY, YANAMADURRU,BHIMAVARAM MANDAL, WEST THE DISTRICT PANCHAYATH OFFICER, WEST GODAVA DISTRICT, ELURU, WEST GODAVARI DIST. THE TAHSILDAR, BHIMAVARAM MANDAL, BHIMAVARAM, WEST THE DIST COLLECTOR, WEST GODAVARI DIST, ELURU, WEST ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3329] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA GUBBALA VENKATA LAKSHMI,, W/O SRINIVASU, AGE 49 YEARS, 4- 3, CHAKALI STREET, YANAMADURRU VILLAGE, BHIMAVARAM ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, PANCHAYAT RAJU AND RURAL DEVELOPMENT, SECRETARIATE BUILDING, VELAGAPUDI THE YANAMADURRU GRAMAPANCHAYAT, REP BY ITS SECRETARY, YANAMADURRU,BHIMAVARAM MANDAL, WEST THE DISTRICT PANCHAYATH OFFICER, WEST GODAVARI THE TAHSILDAR, BHIMAVARAM MANDAL, BHIMAVARAM, WEST THE DIST COLLECTOR, WEST GODAVARI DIST, ELURU, WEST ...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 a Writ , order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents 2 and 3 in interfering with the peaceful possession and enjoyment of the petitioner's Property to an extent of 169.4 so Yards including House with Door No. 4-8 in R.S.No. 189/2 in Yanamadurru Village , Bhimavaram Mandal, West Godavari Dist. , as illegal, arbitrary, contrary to law, violation of Provisions of Article 14,21 and 300(A) of Constitution of India and without jurisdiction and further direct the respondents not to interfere with the peaceful possession and enjoyment of the above House site of the petitioner and not to demolish the above House with Door No.4-S and pass IA 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 pleased to Stay of dispossession of petitioner from her House with door No.4- 8 in site to an extent of 169.4 sq Yards in R.S.No. 189/2 in Yanamadurru Village , Bhimavaram Mandal, West Godavari Dist and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25367/2020 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring respondents 2 and 3 in interfering with the peaceful possession and enjoyment of the petitioner’s Property to an extent of 169.4 sq.yards including House with Door No. 4-8 in R.S.No.189/2 in Yanamadurru Village, Bhimavaram Mandal, West Godavari Dist., as illegal, arbitrary, contrary to law, violation of Provisions of Article 14, 21 and 300(A) of Constitution of India and without jurisdiction and further direct the respondents not to interfere with the peaceful possession and enjoyment of the above House site of the petitioner and not to demolish the above House with Door No. 4-8 and pass such other order or orders...” 2. Heard learned counsel for petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner of the house site to an extent of 169.4 sq.yards in R.S.No.189/2 in Yanamadurru Village, Bhimavaram Mandal, West Godavari District. It is submitted that the father-in-law of the petitioner got the subject land as his share from his brothers around 40 years back. Since then, the above property is in the hands of the petitioner’s family. While so, without issuing any notice and without following due process of law, the respondent authorities, more particularly, respondent Nos. 2 and 3 are trying to dispossess the petitioner by demolishing the structures/ house in the subject schedule property. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents categorically submits that respondent Nos. 2 and 3 are not interfering with the peaceful possession and enjoyment of the petitioner’s schedule property. If the respondents intend to proceed, they will follow due process of law. 5. Considering the submissions made by the learned counsel for the petitioner, learned Government Pleader for the respondents and in view of the instructions of respondent No.2, it is observed that the respondents are not taking any steps for interfering with the house property of the petitioner and it is only the apprehension of the petitioner. However, if the respondents intend to interfere or proceed further, the respondents shall follow due process of law. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:23.10.2025 AG THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25367 OF 2020 DATED:23.10.2025 AG