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2025 DAILYLAW 9726 (AP)

BANNE DHURGAMMA v. THE STATE OF ANDHRA PRADESH

WP/5501/2023 · 2025-07-24

K Sreenivasa Reddy

body2025

Judgment text

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f 4 H APHC010107902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5501 OF 2023 Between; Banne Dhurgamma, D/o Singaiah, Koya by caste, Age 55 years, R/o 1-326, Main Road, Doramamidi, Buttayagudem Mandal, Eluru District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Secretariat Velagapudi, Amaravathi, Guntur Tribal Welfare Department, District. 2. The Special Assistant Agent Jangareddigudem, Eluru District. Revenue Divisional officer. 3. The Tahsildar, Buttayagudem Mandal, Eluru District 4. The Station House Officer, Buttaygudem PS. Eluru District. 5. Bandi Mohana Rao S/o Gangaraju, Aged about 75 years. Cultivation, R/o H.No.1-3,9Doramamidi Village, Buttaigudem Mandal, Eluru District A.P. 6. Bandi Sambasiva Rao S/o Mohana Rao, Cultivation, R/o H.No.1-126, Mandal, Eluru District, A.P. 7. Bandi Bharath Kumar S/o Mohana Rao,. Aged about 40 years, Cultivation, R/o H.No.1-3, Doramamidi Village, Buttaigudem Mandal, Eluru District, A.P. Aged about 46 years, Doramamidi Village, Buttaigudem 8. Bandi Harikrishna S/o Mohana Rao, Aged about 38 years, Cultivation R/o H.No.1-3, Doramamidi Village,Buttaigudem Mandal, Eluru District A.P. (RR 5 to 8 are impleaded as per the Court's Order dt.25.07.2025 i IANo.02 of 2023.) in ...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 order direction more particularly on in the nature of Writ of Mandamus declare the action of Respondents in not providing protection to the petitioners land covered in RS No. 402/1 Ac. 2.35 cents, RS NO. 402/2 Ac. 2.14 and Rs No. 402/3 Ac 5.00 cents situated at Doramamidi Village, Buttayadugem Mandal as illegal arbitrary and violative of Article 200A of Constitution of India consequently direct the Respondents necessary protection to the petitioner land covered in RS No. 402/1 Ac. 2.35 cents, RS NO. 402/2 Ac. 2.14 and Rs No. 402/3 Ac 5.00 cents by considering the report submitted by 3rd respondent in ROC No. 597/2022(A) dt. 06-05- 2022. to arrange lA NO: 1 OF 2023 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 2nd respondent to consider the report submitted by the respondent in proceeding ROC No. 597/2022(A) dt. 06-05-2022 directing the 4th respondent to arrange necessary protection as and when required by the petitioner in respect of land coverd in RS No. 402/1 Ac. 2.35 cents, RS NO. 402/2 Ac. 2.14 and Rs No. 402/3 Ac 5.00 cents pending disposal of the above writ petition. 3rd iA NO: 1 OF 2024 1. Bandi Mohana Rao S/o Gangaraju, Aged about 75 years, Cultivation R/o H.No.1-3,9Doramamidi Village, Buttaigudem Mandal, Eluru District A.P. 2. Bandi Sambasiva Rao S/o Mohana Rao, Aged about Cultivation, R/o H.No.1-126 Mandal, Eluru District, A.P. 3. Bandi Bharath Kumar S/o Mohana Rao, Aged about 40 years. Cultivation, R/o H.No.1-3, Doramamidi Village, Buttaigudem Mandal, Eluru District, A.P. 4. Bandi Harikrishna S/o Mohana Rao, Aged about 38 years. Cultivation, R/o H.No.1-3, Doramamidi Village,Buttaigudem Mandal, Eluru District, A.P. 46 years, Doramamidi Village, Buttaigudem ...Petitioners/Proposed Respondents 5 to 8 AND 1. Banne Dhurgamma, D/o Singaiah, Koya by caste. Age 55 years, R/o 1-326, Main Road, Doramamidi, Buttayagudem Mandal, Eluru District 1®* Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Rep. By its Principal Secretary, Tribal Welfare Department District. 3. The Special Secretariat Velagapudi, Amaravathi, Guntur Assistant Agent Jangareddigudem, Eluru District. Revenue Divisional officer. 4. The Tahsildar, Buttayagudem Mandal, Eluru District 5. The Station House Officer, Buttaygudem PS. Eluru District. ...Respondent/Respondents m' 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 vacate the exparte interim Order in lA.No. 1/2023 in WP.No. 5501/2023, the petitioners are impaled petitioners in lA.No. 2/2023 in WP.No. 5501/2023 as respondents No.5 to 8 in WP.No. 5501 of 2023 as well as in lA.No. 1 of 2023 and all its consequential proceedings in the interests of Justice. tA NO: 1 OF 2025 The Special Assistant Agent Jangareddigudem, Eluru District. Revenue Divisional officer. ...Petitione/Respondent AND 1. Banne Dhurgamma, D/o Singaiah, Koya by caste. Age 55 years, R/o 1-326, Main Road, Doramamidi, Buttayagudem Mandal, Eluru District .. .Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. By its Principal Secretary, Tribal Secretariat Velagapudi, Amaravathi, Guntur Welfare Department, District. 3. The Tahsildar, Buttayagudem Mandal, Eluru District 4. The Station House Officer, Buttaygudem PS. Eluru District. (R2 to R4 are not necessary Parties in this petition) Respondents/Respondents 5. Bandi Mohana Rao S/o Gangaraju, Aged about 75 years. Cultivation, R/o H.No.1-3,9Doramamidi Village, Buttaigudem Mandal, Eluru District, A.P. 6. Bandi Sambasiva Rao S/o Mohana Rao, Aged about 46 years, Doramamidi Village, Buttaigudem Cultivation, R/o H.No.1-126, Mandal, Eluru District, A.P. 7. Bandi Bharath Kumar S/o Mohana Rao, Aged about 40 years, Cultivation, R/o H.No.1-3, Doramamidi Village, Buttaigudem Mandal, Eluru District, A.P. 8. Bandi Harikrishna S/o Mohana Rao, Aged about 38 years. Cultivation, R/o H.No.1-3, Doramamidi Village,Buttaigudem Mandal, Eluru District, A.P. (RR 5 to 8 are impleaded as per the Court's Order dt.25.07.2025 in I.A.No.02 of 2023.) ...Respondents 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 vacate the interim order dated 16.03.2023 in WP.No.5501 of 2023 and also dismiss the Writ Petition. Counsel for the Petitioner; SRI P R K AMERANDRA KUMAR Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos. 2 and 3; GP FOR REVENUE Counsel for the Respondent No. 4: GP FOR HOME Counsel for the Respondent Nos. 5 to 8: M/S K L A MANGA RAJA RAJESWARI The Court made the following order: e APHC010107902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.5501 OF 2023 Between: 1. BANNE DHURGAMMA, D/o Singaiah, Koya by caste, Age 55 yeras, R/o 1-326, Main Road, Doramamidi, Buttayagudem Mandal, Eluru District ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. By its Principal Secretary, Tribal Welfare Department, Secretariate Velagapudi, Amaravathi, Guntur District. 2. The Special Assistant Agent Revenue Divisional officer, Jangareddigudem, Eluru District. 3. The Tahsildar, Buttayagudem Mandal, Eluru District 4. The Station House Officer, Buttaygudem PS. Eluru District. ...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 order direction more particularly on in the nature of Writ of Mandamus declare the action of Respondents in not providing protection to the petitioner’s land covered in RS No. 402/1 Ac. 2.35 cents, RS NO. 402/2 Ac. 2.14 and Rs No. 402/3 Ac 5.00 cents situated at SRK, J WP No.5501 of 2023 2 Doramamidi Village, Buttayadugem Mandal as illegal arbitrary and violative of Article 200A of Constitution of India consequently direct the Respondents to arrange necessary protection to the petitioner’s land covered in RS No. 402/1 Ac. 2.35 cents, RS NO. 402/2 Ac. 2.14 and Rs No. 402/3 Ac 5.00 cents by considering the report submitted by 3rd respondent in ROC No. 597/2022(A) dt.06.05.2022. Counsel for the Petitioner: P R K AMERANDRA KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR SOCIAL WELFARE SRK, J WP No. 5501 of 2023 #» 3 The Court made the following ORDER: This Writ Petition has been filed questioning the action of the respondents in not providing protection to the lands of the petitioner, situated in RS No.402/1, admeasuring Ac.2.35 cents, RS No.402/2, admeasuring Ac.2.14 cents and RS No.402/3, admeasuring Ac.5.00 Buttayagudem Mandal, West Godavari district. cents of Doramamidi Village, 2. Today, when the matter came up for admission, learned counsel for the Writ Petitioner submitted that the cause in the Writ Petition does not survive for adjudication and the matter has become infructuous. 3. Recording the same, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SE FFICER To, 1. OneCCto Sri. P R K Amerandra Kumar Advocate [OPUC] 2. One CC to M/s. K L A Manga Raja Rajeswari Advocate [OPUC] 3. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 4. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies GSC m A HIGH COURT DATED:25/07/2025 I ORDER WP NO. 5501 OF 2023 DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS