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2026 DAILYLAW 15401 (AP)

SAKKERA RAMULAMMA v. THE STATE OF AP

WP/2441/2026 · 2026-01-29

B Krishna Mohan

body2026

Judgment text

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APHC010034442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2441/2026 Between: 1. SAKKERA RAMULAMMA, W/O S.NARASANNA, AGED ABOUT 56 YEARS, RESIDENT OF 1/339/148-A, ADONI, N.G.O. COLONY-02, KURNOOL DISTRICT. 2. SAKKERA NARASAMMA, W/O VEERASWAMY, AGED ABOUT 54 YEARS. RESIDENT OF 1/339, ADONI, N.G.O. COLONY-02, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, VELAGAPUDI, GUNTUR DISTRICT - 522238 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL - 518002 3. THE ADONI MUNICIPALITY, REP. BY ITS COMMISSIONER, ADONI, KURNOOL DISTRICT - 518001 4. THE TAHSILDAR, ADONI MANDAL, ADONI, KURNOOL DISTRICT - 518301 ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or direction more 2 HBKM,J W.P.No.2441 of 2026 particularly one in the nature of Writ of Mandamus to declare the action of the respondents more particularly respondentNo.4 in issuing Impugned Notice vide Rc.B.1348/2025 dated 29.12.2025 for conducting an enquiry and for cancellation of house site pattas issued in our favour vide patta No.194/A1 in survey No.255/A1A, 256,265/A2 of Arunjyoti Nagar Adoni municipality. With out considering our representation/explanation dated 12.01.2026 which is highly illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to consider the explanation submitted by the petitioners dated 12.01.2026, strictly in accordence with law and pass IA NO: 1 OF 2026 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 pleased to direct the respondents not to interfere with the peacefull posession and enjoyment of the petitioners in respect of their house plots in the subject property in survey No.255/A1A, 256,265/A2 of Arunjyoti Nagar Adoni municipality as per the allotement and further direct the respondents to pass appropriate orders in respect of the explanation given by the petitioners dated 12.01.2026, pending disposal of the above writ petition and pass IA NO: 2 OF 2026 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 May be pleased to implead the petitioner i.e., Mallela Srinivasulu, S/o. Obanna, Aged about 53 years, Occ Cultivation, Rio. D.No.1/339/149, Aramjyothi Nagar, Adoni Town and Mandal, Kurnool District- 518301. as Respondent No.5 in Writ Petition W.P. No. 2441 of 2026 and to pass Counsel for the Petitioner(S): 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HBKM,J W.P.No.2441 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the notice issued by the 4th respondent dated 29.12.2025 calling for explanation of the petitioners with respect to the plot Nos.194/A and 194/B as detailed in the said impugned notice to find out the reality of the issuance of the pattadar passbooks as per the request of the Municipal Commissioner/the 3rd respondent dated 19.08.2025. 3. The learned counsel for the petitioners submits that though the explanation was submitted to it on 12.01.2026, without considering the same, the 4th respondent is trying to take coercive action, hence this writ petition. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, it is only a notice calling for explanation of the petitioners to produce the documents relating to the said plots and upon consideration of the petitioners’ explanation only, by following the due procedure, the 4th respondent will take appropriate decision. 5. In view of the above said facts and circumstances, the petitioners are permitted to submit their additional explanation, if any, enclosing all the necessary documents in support of their claim to the above said notice of the 4th respondent dated 29.12.2025 within a period of four (04) weeks from the 4 HBKM,J W.P.No.2441 of 2026 date of receipt of this order. On receipt of such additional explanation from the petitioners, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 29.12.2025 strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records, the explanation of the petitioners and the additional explanation of the petitioners and objections, if any, from the third parties and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, within a period of three (03) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject plots, covered under the impugned notice of the 4th respondent dated 29.12.2025. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 30.01.2026 PGT