IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5287 OF 2025 Between; Dandangi Somalamma, W/o. Boorayya, Aged 62 Recharlapeta, Kakinada, Kakinada District. years, R/o. D.No.3-15B-10/l, ...PETITIONER AND Pradesh, Represented by its Principal Secretary, Disthct Secretariat Buildings at Velagapudi, Amaravati, Guntur 2. The District Collector, Kakinada. 3. The Revenue Divisional Officer, Kakinada Revenue Division Kakinada District. , Kakinada, 4. The Tahsildar, Kakinada Urban Mandal, Kakinada, Kakinada District. 5. The Inspector of Police, II Town L & O Police, Kakinada, Kakinada District. 6. Challa Devi Bhavani, W/o. Ch.Suresh, Aged 20 years D.NO 3-15B-10/1 Recharlapeta, Kakinada, Kakinada District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a writ or order the High Court may be or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent permitting the petitioner to enter in Nos. 4 & 5 in not their land admeasuring an extent of 88 Sq.Yards situated at D.No.3-15B-10/l, District, by issuing the impugned report in Ref.D 2372024 dt.07.08,2024, without verifying the factual matrix, without application of mind, in favor of the 1 Recharlapeta, Kakinada, Kakinada despite the will executed unjust and of India, Consequently petitioner as illegal, arbitrary, unconstitutional, violative of Article 14, 19, 21, 300-A of the Constitution / set-aside the impugned report in Ref.D/2372024 dt.07.08.2024 issued by Respondent No.4 and direct the respondents herein to permit the petitioner to enter, enjoy their land admeasuring an extent of 88 Sq.Yards situated at D.N0.3- 15fe-10/1, Recharlapeta, Kakinada, Kakinada District. lA NO: 1 OF 2Q2fi / Petition under Section 151 CPC praying that in the circumstances stated i the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to permit the petitioner to enter, enjoy their land admeasuring an extent of 88 Sq.Yards situated Recharlapeta, Kakinada, Kakinada District, by considering the the petitioner dt. 17.12.2024 pending disposal of the above writ petition. Counsel for the Petitioner ; M/s. S. V. INDIRA Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER in at D.NO.3-15B-10/I, representation of ' / APHC010097272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5287/2025 Between: Dandangi Somalamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SV INDIRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ft THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:5287/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue a writ or order or direction more particularly one In the nature of Writ of Mandamus declaring the action of Respondent Nos. 4 and 5 in not permitting the petitioner to enter in their land admeasuring to an extent of 88 Sq. Yards situated at D.NO.3-15B-10/1, Recharlapeta, Kakinada District by issuing the impugned report in RefD.237/2024 dt.07.08.2024 without verifying the factual matrix, without application of mind despite the will executed in favor of the petitioner as illegal, arbitrary, unconstitutional, unjust and violative of Article 14, 19, 21, 300-A of the Constitution of India, consequently set-aside the impugned report in Ref D/237/2024 dt.07.08.2024 issued by Respondent No. 4 and direct the respondents herein to permit the petitioner to enter, enjoy their land admeasuring an extent of 88 Sq. Yards situated at D.NO.3-15B-10/1, Recharlapeta, Kakinada, Kakinada District and pass such other order or orders.... ” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner was conferred rights over the subject land i.e, land admeasuring to an extent of 88 3. Sq.Yards situated at D.No.3-15B-10/1, Recharlapeta, Kakinada District by way of Will said to have been executed by the property holder i.e., Dandagani % Nookalamma, who acquired the said property through her husband i.e., Dandagani Musalayya. While so, respondent Nos. 4 and 5 herein are not allowing the petitioner to enter into the subject land. Aggrieved by the same, the petitioner filed the present writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 28.02.2025 issued by respondent No.4. The relevant portion of the said instructions is extracted hereunder: "Further she gifted ad measuring 110.05 sq.yds out of 216.66 sq.yds vacant site along with tiled house covered in Kakinada Town T.S.No.2094 vide Registered Gift Deed No.2131/2008 dated 24.3.2008. Further submit that Smt. Nookalamma died on 12.9.2011, Musalayya also died 3.6.2012. After demise of both wife and Husband the writ petitioner i.e., Dandangi Somalamma has obtained Family Member Certificate from Kakinada Urban Mandal as Daughter- in-law of Dandangi Musalayya who died on 3.6.2012 after lapse of 10 years. on After obtaining Family Member Certificate the writ petitioner and her son dandangi Ram Mohan tried to grab the remaining extent of 88 sqyds in T.S.No.2094. Hence civil dispute has been arrived between Ram mohana rao who is son of Somalamma and adopted daughter Dandangi Devi Bhavani. In this regard a letter was received from the Inspector of Police, II town Police Station (L & O) with a request to inform ownership rights and issue promulgate orders u/s164 BNSS - 2023 (Old 145 Cr.P.C) On the civil dispute Smt. Dandangi Devi Bhavani applied for issue of FMC in favour of her name. Accordingly family member certificate was issued to Dandangi Devi Bhavani as adopted daughter vide this Office FMC 12403506955 dated 27.6.2024. Finally it is submitted that: 1. Dandangi Musalayya & Nookalamma are having No children 2. Dandangi Devi Bhavani was adopted daughter as per Registered adoption Deed No. 155/BKU/2008 dated 14.3.2008, 3. /\s Dandangi Nookalamma & Musalayya have no children the Writ Petitioner ie., Somalamma who claimed FMC as daughter in-law does not considered. Learned Government Pleader further submits that there is a dispute regarding the subject property between the petitioner and Smt. Dandangi Devi Bhavani, who is the adopted daughter of Sri Musalayya and Smt. Nookalamma. 5. In view of the disputes between the parties and to maintain law and order, the respondents issued proceedings U/s164 BNSS -2023 (Old 145 Cr.P.C) in respect of the subject property since the rights of the petitioner sub-judiced before the Court of law and the parties can resolve their dispute before the Court of law. Till finalization of the said proceedings, nobody be allowed to enter into the subject land in view of the proceedings issued under section 164 BNSS-2023 (Old 145 Cr.P.C). 6. \ are can Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to permit the petitioner to enter into subject property, subject to production of Court order from the Court below which is pending between the family members. Till the disposal of the cases pending before the Court below, the respondents directed not to initiate any other proceedings against the petitioner herein. 7. are 8. With the above directions, 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/- V SAVITRI GOWRI ASSISTANTiR^STRAR Ton officer //TRUE COPY// To, SEC 2. The District Collector, Kakinada. Revenue Division, Kakinada 4. The Tahsildar, Kakinada Urban Mandal, 5. The Inspector of Police, II Town L & O Police, 6. One CC to M/s. S. V. Indira, Advocate Kakinada, Kakinada District. Kakinada, Kakinada District. [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CCs to GP for Home, High Court of Andhra 9. Three C.D. Copies Pradesh. [OUT] Pradesh. [OUT] Cnr » HIGH COURT DATED:05/03/2025 ORDER WP.No.5287 of 2025 07 APR 2025 § ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS