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2026 DAILYLAW 18049 (AP)

BULAKA KELAMMA v. THE STATE OF ANDHRA PRADESH

WP/5538/2026 · 2026-02-25

B Krishna Mohan

body2026

Judgment text

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APHC010102792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5538/2026 Between: 1. BULAKA KELAMMA, W/O ABBAYE, AGED ABOUT 60 YEARS OCC HOUSE WIFE R/O NANDIGAM VILLAGE, NANDIGAM MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE-DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRIKAKULAM SRIKAKULAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM TEKKALI DISTRICT 4. THE TAHSILDAR, NANDIGAM MANDAL SRIKAKULAM DISTRICT 5. THE VILLAGE REVENUE OFFICER, NANDIGAM VILLAGE AND MANDAL, SRIKAKULAM DISTRICT . ...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 orders or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents no. 2 to 5 Authorities trying to demolish the petitioner 2 BKM,J W.P.No.5538 of 2026 house constructions in Sy.no.77 for an extent of Ac 0.01 1/2 cents at Nandigam Village, Nandigam Mandal,Srikakulam district without following the due process of law and without any notice is highly illegal, arbitrary and violation of Art. 14, 21 of Constitution of India and also violation of Principles of Natural Justice and consequently direct Respondents No.2 to 5 not to demolish the petitioner house constructions in Sy.no.77 for an extent of Ac 0.011/2 cents at Nandigam Village, Nandigam Mandal,Srikakulam district without following the due process of 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 No.2 to 5 not to demolish the petitioner house constructions in Sy.no.77 for an extent of Ac 0.01 1/2 cents at Nandigam Village, Nandigam Mandal,Srikakulam district without following the due process of law pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5538 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 5 authorities in trying to demolish the petitioner’s house constructions in Sy.No.77 for an extent of Ac.0.01½ cents at Nandigam Village, Nandigam Mandal, Srikakulam District, without following the due process of law and without any notice. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 19.02.2026 submits that the subject land is in an extent of Ac.0.01½ cents in Sy.No.77 situated at Nandigam Village, Nandigam Mandal, Srikakulam District. It is understood that, the petitioner encroached upon the same by constructing the basement with 4 pillars recently. The petitioner is claiming the said land, under the guise of old house site patta issued by the then Tahsildar dated 20.01.2000. It is not covered in the existing house site patta register of the 4th respondent. The petitioner is trying to grab the Government land by illegally encroaching upon the same. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 5 are directed to deal with the subject land in an extent of Ac.0.01½ cents in Sy.No.77 of Nandigam Village, Nandigam Mandal, Srikakulam 4 BKM,J W.P.No.5538 of 2026 District, strictly in accordance with law. If the petitioner is otherwise found to be in possession of the same, she shall be dealt with strictly in accordance with law, by hearing all the parties concerned, including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. The said written instructions of the 4th respondent dated 19.02.2026 shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 26.02.2026 PGT