Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 6366 (AP)

PAPABATHINA SEETHAMMA v. THE STATE OF ANDHRA PRADESH

WP/3514/2020 · 2025-08-20

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010058542020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m\E\ THURSDAY, THE TWENTY FIRST DAY OF AUGUST \ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 3514 OF 2020 Between: Papabathina Seethamma, W/o. Subbaiah, aged about 45 years, R/o. 1-f 92, Kotanemalipuri Village, Kubadpuram, Guntur District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue Department) Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Guntur District, Andhra Pradesh. 3. The Revenue Divisional Officer, Gurazala, Guntur District, Andhra Pradesh. 4. The Tahsildar, Rajupalem Mandal, Guntur District, Andhra Pradesh. ...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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering with peaceful possession and enjoyment of the land in Sy. No. 235- 4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, Rajupalem Mandal, Guntur District without following the procedure established under law as illegal, arbitrary and also oppose to principles of natural justice as well as oppose to Article 300-A of Constitution of India consequentially direct the respondent No. 4 not to interfere with the peaceful possession and enjoyment of the land in Sy. No. 235-4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, Rajupalem Mandel, Guntur District. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No. 4 not to interfere with the peaceful possession and enjoyment of the land in Sy. No. 235-4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, Rajupalem Mandal, Guntur District pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010058542020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] m THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3514/2020 Between: 1.PAPABATHINA SEETHAMMA, W/0. SUBBAIAH, AGED ABOUT 45 YEARS, R/0. 1-F 92, KOTANEMALIPURI VILLAGE, KUBADPURAM, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT) SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, GUNTUR DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, GURAZALA, GUNTUR DISTRICT, ANDHRA PRADESH. 4.THE TAHSILDAR, RAJUPALEM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering with peaceful possession and enjoyment of the land in Sy. No. 235-4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, BKK W.P.N0.3514 0F 2020 Rajupalem Mandal, Guntur District without following the procedure established under law as illegal, arbitrary and also oppose to principles of natural justice as well as oppose to Article 300-A of Constitution of India consequentially direct the respondent No. 4 not to interfere with the peaceful possession and enjoyment of the land in Sy. No. 235-4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, Rajupalem Mandel, Guntur District and to pass 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 pleased to direct the respondent No. 4 not to interfere with the peaceful possession and enjoyment of the land in Sy. No. 235-4-H to an extent of Ac. 01.50 cents situated at Kubadpuram Village, Rajupalem Mandal, Guntur District pending disposal of the above writ petition and to pass Counsel for the Petitioner; 1 .VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: 3 BKM,J W.P.N0.3514 0F 2020 ORDER;- This Writ Petition was filed questioning the action of the 4^'^ respondent in interfering with peaceful possession and enjoyment of the land in Sy.No.235-4-H to an extent of Ac.1-50 cents situated at Kubadpuram Village, Rajupalem Mandal, Guntur District, without following the procedure established under law. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. The learned counsel for the petitioner submits that the Form-IB(ROR) dated 16.07.2015 discloses the name of the petitioner for the subject land and the petitioner gave representation to the 2'^'^ respondent dated 27.01.2020, seeking issuance of the patta for the subject land. But the same is not considered so far. 3. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions received from the 4 20.08.2025, submits that as per the RSR of Kubadpuram Village of Rajupalem Mandal, Sy.No.235/4-B is classified as Government Poramboke (dotted land) to an extent of Ac.17.90 cents. The Sy.No.235/4-H was newly formed from Sy.No.253/4-B. As per the available records, no DK patta was issued in favour of the present petitioner in Sy.No.235/4-H. But, 56 house site pattas were distributed to the eligible beneficiaries under the welfare scheme for the said land on 12.08.2020. At the time of distribution of house site pattas, it is noticed that the said land was vacant (with Bushes) and no cultivation activities were found in the said land. The said land is not mutated in favour of the petitioner in the present webland. In view of the above said facts and circumstances, no relief can be granted for the petitioner in respect of the subject land. However, the petitioner is at liberty to approach the respondent Nos.2 to 4, if she is a 4. th respondent dated 5. 4 , BKI^j W.P.N0.3514 0F 2020 landless poor woman, and for grant of patta by enclosing all the necessary documents in support of her claim, within date of receipt of copy of this order. a period of four (04) weeks from the 6. On receipt of such representation from the petitioner, the 2“ respondent is directed to consider and dispose of the said representation in accordance can be considered under the any piece of land, if she is scheme with law, and the relief sought by the petitioner existing policy of the State for allotment of , otherwise eligible state and the representation shall be disposed of as expeditiously as possible, preferably within a period of three (03) months, thereafter. under any of the 7. Accordingly, the writ petition is disposed of. Interim order, if deemed to have been vacated. There shall be As a sequel. Interlocutory Applications pending, if any, shall stand Sdl-~m.M\HNAS ASSISTANT REGISTRAR !f^ SECTION OFFICER any. no order as to costs. closed. //TRUE COPY// To 1. The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Guntur District, Andhra Pradesh. 3. The Revenue Divisional Officer, Gurazala, Guntur District, Andhra Pradesh. 4. The Tahsildar, Rajupalem Mandal, Guntur District, Andhra Pradesh. 5. One CC to Sri Venkata Durga Rao Anantha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr HIGH COURT DATED:21/08/2025 ORDER WP NO. 3514 OF 2020 17 SEP 2025 . Current Section . ^ a: 6» DISPOSING OFTHE W.P. WITHOUT COSTS