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2025 DAILYLAW 8668 (AP)

T. Lakshmi Prasanna v. The State of Andhra Pradesh

WP/4843/2025 · 2025-03-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) FRIDAY. THE seventh DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITIQM Kin- 4843 OF 2025 Between: T. Lakshmi Prasanna, W/o. Subbanarasaiah Aged about 46 years, Occ House Wife, R/o. D.No.3/22. B.C.Colony, Nadimpalli District. Vontimitta, Y.S.R ...PETITIONER AND rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The District Collector, Y.S.R District. 3. The Revenue Divisional Officer, Kadapa Revenue Division 4. The Tahsildar, Vontimitta Mandal, Y.S.R District. 5. The Revenue Inspector, Vontimitta Mandal, Y.S.R District. 6. The Village Revenue Officer, Nadimpalli village Vontimitta District. 1. The State of Andhra Pradesh , Guntur Y.S.R District. Mandal, Y.S.R ...RESPONDENTS Petition under Article 226 of the Constitution in the circumstances stated be pleased to issue an appropriate Writ, Order one of India praying that may or direction more particularly declaring the action of the respondents No.3 to 6 in forcibly locking the house in constructed in an extent in the affidavit filed therewith, the High Court in the nature of Writ of Mandamus of Ac.0.03 cents in Sy.No.1867 Y.S.R District without of Nadimpalli Village, Vontimitta Mandal assigning any reason and attempting to demolish the same, without adhering to the due process of law as arbitrary, illegal, power and quit© contrary to the well established legal principles apart from being violative colorable exercise of of the fundamental and the Constitutional me under Articles 14, 19, 21 and 300 A of rights guaranteed to the Constitution of India and interfere with our rights over the land in an extent of Ac.0.03 cents i Sy.No,1867 of Nadimpalli Village, Vontimitta Mandal, Y.S.R District. consequently direct the respondent Nos.3 to 6 not to in lA NO: 1 OF 2n?f> Petition under Section 151 stated in the affidavit filed i - be pleased to direct the CPC praying that in the circumstances in support of the writ petition, the High Court may respondent No.3 to 6 not to demolish the house constructed in an extent of Ac.0.03 cents in Sy.No. 1867 of Nadimpalli Village Vontimitta Mandal, Y.S.R. District, pending disposal of the above Writ Petition. without adhering to due process of law. without adhering to due process of law. lA NO: 2 OF 2n?j; 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 Pleased direct the respondent No.4 to 6 to open the lock to the house in an extent of Ac.0.03 cents in Sy.No.1867 of Nadimpalli Village, Vontimitta Mandal, Y.S.R. District and provide access to me to the said house, pending disposal of the above Writ Petition. Counsel for the Petitioner.SRI V R REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER KOVVURI APHC010094072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY .THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA Writ petition no: 4343/2025 Between: T. Lakshmi Prasanna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus declaring the action of the respondents Nos. 3 to 6 in forcibly locking the house in constructed in an extent of Ac.O- 03 cents in Sy No.1867 of Nadimpalli Village Vontimitta Mandal Y S R District without assigning any reason and attempting to demolish the same without adhering to the due process of law as arbitrary illegal colorable exercise of power and quite contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondent No 3 to 6 not to interfere with our rights over the land in an extent of Ac 0 03 cents in Sy No 1867 of Nadimpalli Village Vontimitta Mandal Y S R District.” During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from her land without following due process of /• law. Learned Standing Counsel appearing for Respondent No.4 - Tahsildar furnished written instructions dated 21.02.2025, wherein it is stated thatas per R.S.R Vontimitta village, the land in Sy.no.1867, ex.1.30 Acres is classified as Govt. Land recorded as “Hillock”. As per F.M.B the said land was not sub divided so far. as per online webland records the said land was recorded as cheruvu Thotti and the DKT patta submitted by the petitionef is fake and ^ fabricated and not emanated from the Tahsildar’s Office. Learned Assistant Government Pleader for Revenue submits that, if the petitioner is in possession of the subject property, the respondents would follow due process of law and requested to pass appropriate orders. When the petitioner is in settled possession and enjoyment of the property, she cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. V. M.Varadappa Naidu (Dead) by L.RsJ”. Therefore, if the petitioner is in possession of the subject property, the respondents are directed not to dispossess the petitioner from the subject property, except by due process of law. With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs. The miscellaneous petitions pending, if any, shall also stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER The Principal Secretary, State of Andhra Pradesh, Revenue r Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Y.S.R District. The Revenue Divisional Officer, Kadapa Revenue Division The Tahsildar, Vontimitta Mandal, Y.S.R District. The Revenue Inspector, Vontimitta Mandal The Village Revenue Officer, Nadimpalli village Vontimitta District. One CC to SRI. V. R. REDDY KOWURI 8. Two CCs to GP FOR REVENUE 9. Three C D.Copies 1. Department, 2. 3. Y.S.R District. 4. 5. Y.S.R District. 6. Mandal, Y.S.R 7. Advocate [OPUC] High Court of Andhra Pradesh. [OUT] nm HIGH COURT DATED:07/03/2025 ORDER WP.No.4843 of 2025 ands^ g 2 0 MAR 2025 . *3. <o/J ^ . Current Section . ^ m DISPOSING OF THE WP WITHOUT COSTS