IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 3916 OF 2025 Between: 1. Kakarla Subbamma, W/o.Thirupal Reddy, Aged about 50 years, Occ:Cooli, R/o.D.No.6-4-660, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. Chuppala.VenkataRamana, W/o.ChuppalaLakshamaiah, Aged about 50 years, Occ:Cooli, R/o.D.No.6-4-675, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. Chuppala.Ramadevi, W/o.Chuppala.VenkataRamana, Aged about 45 years, Occ:Cooli,R/o.D.No.6-4-674, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. M.VenkataSubbamma, W/o. Venkata Reddy, Aged about 55 years, Occ:Cooli, R/o.D.No.6-4-661, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. 2. 3. 4. ...PETITIONERS AND The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Y.S.R.District, Kadapa. The Tahsildar, BudwelMandal, YSR District. The Budwel Municipality, Rep.by its Commissioner, Budwel, YSR District. 1. 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action on the part of respondents no.3 and 4 in interfering with our rights over house property bearing D.nos. 6-4-660, 6-4- 675,6-4-674 6-4-661 ( 3 cents each),Sunclaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa, and trying to evict us from the house property without issuance of any notice to us, as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to petitioners under Articles, 14, 19 and 21 of Constitution of India and consequently direct the respondents no.3 and 4 not to evict petitioners from the subject house property bearing D.No's.6-4-660, 6-4- 675,6-4-674, and 6-4- 661 ( 3 cents each),Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. and lA NO: 1 OF 2025 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 respondents no.3 and 4 not to evict petitioners from the subject house property bearing D.No's.6-4-660, 6-4- 675,6-4-674, and 6-4-661 ( 3 cents each),Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa, without following due process of law, pending disposal of the above Writ Petition. Counsel for the Petitioners : SRI P. V. N. KIRAN KUMAR Counsel for the Respondent Nos. 1 to 3 : GP FOR REVENUE Counsel for the Respondent No.4 : Mrs. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010071142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.3916 of 2025 Between: Kakarla Subbamma and others ...PETITIONER{S) AND The State of Andhra Pradesh and others Counsel for the Petitloner{S): 1.P.V.N. KIRAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2. V. SIREESHA RANI, STANDING COUNSEL ...RESPONDENT(S) The Court made the following: 2 VS,J W.P.No.3916of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief; to issue an appropriate Writ, Order or direction more particuiariy one in the nature of Writ of Mandamus declaring the high handed action on the part of respondents no.3 & 4 in interfering with the petitioners’ rights over house property bearing D.nos.6-4- 660, 6-4-675, 6-4-674 and 6-4-661 (3 cents each), Sundaraiah Colony, Revenue Ward No. 6, Budwel, YSR District, Kadapa, and trying to evict them from the house property without issuance of any notice to them, as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to petitioners under Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents no, 3 & 4 not to evict petitioners from the subject house property bearing D.Nos.6-4-660, 6-4-675, 6-4-674 and 6-4-661 (3 cents each) Sundaraiah Colony Revenue Ward No. 6, Budwel, YSR District, Kadapa.” 2. Heard learned counsel for the petitioners, learned Government Pleader for Revenue representing respondent Nos.1 to 3 and learned Standing Counsel representing respondent No.4. The case of the petitioners is as follows: (i) The petitioners are landless poor persons and they have constructed tin sheet sheds in 3 cents of Government land each situated in Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa, in the year 2010, and that the 4^^ respondent-Budwel Municipality has assigned door numbers to the said structures, vide Door Nos.6-4-660, 6-4-675, 6-4-674 and 6-4-661 respectively, and collecting house tax from the petitioners regularly. The petitioners 3. 3 VS,J W.P.No.3916 of 2025 have been residing in their respective sheds/houses along with their families, since 2010. While the matter stood thus, due to political the respondent Nos.3 and 4 have started interfering (ii) considerations. with the possession of the petitioners over their respective house On 07.02.2025, the subordinates of the respondent Nos.3 properties, and 4 tried to evict the petitioners and though the petitioners informed that they have been in continuous possession of their respective house properties since 2010 and requested the subordinates of action for their eviction, they respondent Nos.3 and 4 not to take any did not consider the same and warned the petitioners that they would be evicted by using police force. Aggrieved by the said action of the respondent Nos.3 and 4 in trying to evict the petitioners from the subject house notice and without following due (iii) properties, without issuing any process of law, the petitioners approached this Court by way of this writ petition. for admission, Mrs. V. Today, when the matter came up Sireesha Rani, learned Standing Counsel for the 4*^ respondent- Municipality, has furnished a copy of the instructions received from the Commissioner of the 4^' respondent-Municipality, wherein while denying the allegations made»by the petitioners, it is stated that they 4. 4 vs,j W.P.No.3916 of 2025 have never tried to evict the petitioners from the subject house properties. It is further stated that as per the statements of tenants residing in the subject houses, some strangers from Kadapa and tried to evict them from the subject houses, by showing DKT pattas. The petitioners, instead of taking action against those strangers, have filed the present writ petition against the authorities with false allegations. It is further categorically stated that if the authorities intend to initiate any action for eviction of the petitioners from the subject house properties, they will follow due process of law. came 5. In view of the above stand taken by the 4^^ respondent and considering the facts and circumstances of the case, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the same at the admission stage, by directing the respondents not to interfere with the possession of the petitioners over the subject house properties, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- K. TATA RAO deputy REGISTR^ //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Y.S.R. District, Kadapa. 3, The Tahsildar, BudwelMandal, YSR District. 4. The Commissioner, Budwel Municipality, Budwel, YSR District. One CC to Sri P. V. N. Kiran Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. One CC to Mrs. V. Sireesha Rani, SC for Municipality (OPUC) 8. Three C.D. Copies. Cnr HIGH COURT DATED:17/02/2025 ORDER dF AN WP.No.3916 Of 2025 W I* 0 7 MAR 2025 | Current Section * DISPOSING OF THE W.P. WITHOUT COSTS