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2025 DAILYLAW 5857 (AP)

B. Rukmini, v. The State of Andhra Pradesh,

WP/2743/2025 · 2025-02-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2743 OF 207^ O - It 26 *#*»<** Between: *9®'* 37 Years, R/o. 1-71/1-9, Pudi Mam Raod, Tiruchanuru, Tirupati Mandal, Chittoor District, A.P-517503 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Tirupathi Mandal, Chittoor District, 4. The Tahsildar, Tirupati Mandal, Chittoor District, A.P. A.P. ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the praying that in the High Court may respondents herein in interfering with the Possession and enjoyment of the Petitioner's land admeasuring an extent of Ac.0.04 cents or 50 Ankanams situated in S.No.516/9, Aviiaia Viilage and Panchayat, Tirupati Rurai A.P and the consequent action of the Chittoor District respondents herein in trying to demolish the Petitioner's under construction building notice, without following due process of law without issuing any as wholly illegal, arbitrary, untenabie, contrary to the principies of natural justice, besides being violative of Articles 21 and 300A of the Constitution of India and not to demolish or consequently direct the Respondents No's.3 and 4 dispossess the petitioner without following due process of law and such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice, equity and good conscience for which the Petitioner shall be duty bound and forever grateful. pass lA 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 not to demolish or dispossess the Petitioner from the subject property admeasuring an extent of Ac.0.04 cents or 50 Ankanams situated in S.No.516/9, Avilala Village and Panchayat, Tirupati Rural, Chittoor District A.P without following process of law. due Counsel for the Petitioner: M/s CKR ASSOCIATES Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010052042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2743/2025 Between: B. Rukmini, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: IHE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAnAnnA WRIT PETITION No.2743 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief;- to issue a Writ, Order or Direction more particularly one In the nature of Writ of Mandamus declaring that the action of the respondents herein in interfering with the Possession and enjoyment of the Petitioner’s land admeasuring to an extent of Ac. 0.04 cents or 50 Ankanams situated in S.No.516/9, Avilala Village and Panchayat TIrupati Rural, Chittoor District, A.P. and the consequent action of the respondents herein in trying to demolish the Petitioner’s under construction building without issuing any notice, without following due process of law as wholly illegal, arbitrary, untenable, contrary to the principles of natural justice besides being violative of Articles 21 300A of the Constitution of India and consequently direct the Respondents Nos. 3 and 4 not to demolish or dispossess the petitioner without following due process of law and pass such other order or orders...” and 2. Heard learned counsel for the petitioner and learned Pleader for Revenue for the respondents. Government 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land to an extent of Ac.0.04 cents or 50 Ankanams in situated at Sy.No.516/9, Avilala Village and Panchayat Tirupati Rural, Chittoor District, having acquired the same through unregistered sale deed for a sale consideration of Rs.7,50,000/-. Thereafter, the petitioner herein applied for electricity an service connection and the Panchayat Secretary, Vedanthapuram has given NOC dated 23.11.2023 to the petitioner for getting domestic electricity service connection. While so respondent Nos. 3 and 4 are interfering with the peaceful possession and enjoyment of the subject property of the petitioner and threatened to vacate the subject land immediately. For which, the petitioner made several requests before the respondent authorities requesting them not to disposes/ evict her from the subject property without following due process of law. But the respondents did not choose to consider the said request. Subsequently on 11.12.2024, respondent Nos. 3 and 4 came to the petitioner’s land and demolished the under construction building partly without following due process of law. Aggrieved by the action of respondents in dispossessing the petitioner from the subject property and partly demolishing the under construction building of the petitioner, the petitioner filed the present writ petition. On the other hand, learned Government Pleader for Revenue 4. appearing for the respondents submits that in the event of dispossession of the petitioner from the subject property, the respondents will follow due process of law. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to dispossess/ evict the petitioner from the subject property without following due process of law. Till then, the respondents are directed not to demolish the subject property of the petitioner. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N, NAGAWIWIA ASSISTANT REGISTRAR [^sectS^Tofficer //TRUE COPY// To. 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Tirupathi Mandal, Chittoor District, A.P. 4. The Tahsildar, Tirupati Mandal, Chittoor District, A.P. 5. One CC to M/s CKR ASSOCIATES, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:05/02/2025 ORDER WP.No.2743 of 2025 DISPOSING OF THE WP WITHOUT COSTS