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2025 DAILYLAW 9964 (AP)

PANGI APPALA NARASAMMA v. THE STATE OF ANDHRA PRADESH

WP/5909/2025 · 2025-03-10

Venkateswarlu Nimmagadda

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010111072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5909/2025 Between: Pangi Appala Narasamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAJESH MATCHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5909/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not taking the reply submitted by the petitioner to the Notice vide the Ref.No.3/5/2024/C.SA/ on date 30.12.2024 and threatening to demolish the residential houses of the petitioner to an extent of 20 Cents in Sy.No.86-1 of Kanthabamsuguda Revenue Village, Araku Valley, Alluri Seetharama Raju District pending adjudication of the Civil Suit in A.O.S.No.24/2020 on the file of the Hon’ble Court of the Agency Subordinate Judge at Paderuas illegal, arbitrary, unjust and violation of art 14, 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent herein to not to proceed with the demolition and dispossession of the petitioner’s houses to an extent of 20 Cents in Sy.No.86-1 of Kanthabamsuguda Revenue Village, Araku Valley, Alluri Seetharama Raju District in the interest of justice, pending disposal of the Civil Suit in A.O.S.No.24/2020 on the file of the Honble Court of the Agency Subordinate Judge at Paderu and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the then Mandal Revenue Officer of Araku Valley has allotted house site admeasuring to an extent of Ac.0.05 cents in survey No.86-1 of Kanthabamsuguda Revenue Village, Araku Valley, Alluri Seetharama Raju District to the 1st petitioner vide house site patta 3 dated 26.01.1991. At the same time, the parents of the 2nd petitioner have occupied the adjacent site admeasuring to an extent of Ac.0.20 cents in Sy.No.86-1 of Kanthabamsuguda Revenue Village, Araku Valley, Alluri Seetharama Raju District. Since, then the petitioners are in possession and enjoyment of the subject property. The petitioners have been paying the house property tax regularly without committing any default. 4. While things stood thus, the 3rd respondent has issued a notice dated 30.12.2024 to the petitioners stating that the petitioners have occupied the Government Land and directed the petitioners to give reply within seven days. The petitioners submitted their reply to the 3rd respondent, but the 3rd respondent did not accept the reply submitted by the petitioners. Without assigning any reasons whatsoever, the 3rd respondent declined the petitioners’ reply. The unofficial respondents have trespassed into the petitioners’ property and threatened the petitioners to vacate the said property. Aggrieved by the same, the petitioners filed A.O.S.No.24 of 2020 on the file of the Hon’ble Court of the Agency Subordinate Judge at Paderu seeking for permanent injunction against the unofficial respondents. Further the reply submitted by the petitioners was also not accepted by the 3rd respondent. Hence, the present Writ Petition. 4 5. Learned Government Pleader for the respondents submits that if the respondent authorities intent to dispossess the petitioners from the subject property, they will follow due process of law. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents not to demolish and dispossess the petitioners from the subject property i.e., Ac.0.20 cents in survey No.86-1 of Kanthabamsuguda Revenue Village, Araku Valley, Alluri Seetharama Raju District, without follow due process of law. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 10.03.2025 TTPPSS 5 82 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5909 of 2025 10.03.2025 TTPPSS