Smt Kotapalli Subbamma Died v. The State of Andhra Pradesh
WP/9333/2021 · 2026-02-23
Subba Reddy Satti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19713 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19713 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010166492021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9333/2021 Between:
1. SMT KOTAPALLI SUBBAMMA DIED, W/O LATE K. VANAPPA, AGED ABOUT 75 YEARS, OCC. AGRICULTURE, R/O NALLAGATLA PALLI, H/O, VENKATAPURAM VILLAGE, OBULA DEVARA CHERUVU(O.D.C) MANDAL, ANANTAPURAM DISTRICT.
2. K. REDDAPPA, S/O LATE K.VANNAPPA, AGED ABOUT 44 YEARS, R/O D.NO.2-73, NALLAGULLAPALLI, OBULADEVARACHERUVU, ANANTAPURAM DISTRICT.
PETITIONER NO.2 IS BROUGHT ON RECORD AS LRS OF DECEASED SOLE PETITIONER AS PER COURTS
ORDER DT.09.09.2025 IN IA 1 OF 2025
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, (PANCHAYAT RAJ), SECRETARIAT, ARNARAVATHI. 2. THE DISTRICT COLLECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT. 3. THE EXECUTIVE ENGINEERPANCHAYAT RAJ, PENUKONDA, ANANTAPURAM 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 to issue a Writ, order or direction, more particularly a Writ of Mandamus declaring the action of the Respondents and their personnel without following the due process of law (Act 30 of 2013) provisions attempting to dispossess the petitioner from Subject Land an extent of Ac. 1- 50 Cents in Sy.No.318 of Nallagatla Palli, H/0 Venkatapuram Village, Obula Devara Cheruvu (0.D.C) Mandal, Anantapuram Dist as illegal, arbitrary and
2
violation of principles of natural justice besides violative of Articles 21, 300-A of the Constitution of India and consequently direct the Respondents not to dispossess the petitioner from an extent of Subject Land Ac.1-50 Cents in Sy.No.318 of Nallagatla PaIli, H/0 Venkatapuram Village, Obula Devara Cheruvu (O.D.C) Mandal, Anantapuram District without following the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and Rules thereon, and pass IA NO: 1 OF 2021 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 Respondents not to dispossess the petitioner from an extent of land Ac.1-50 Cents in Sy.No.318 of Nallagatla Palli, H/O, Venkatapuram Village, Obula Devara Cheruvu (0.D.C) Mandal, Anantapuram District without following the provisions of " The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and Rules" thereon, in the circumstances of the case. IA NO: 2 OF 2021 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 orders granted on 04-05-2021 in IA.No.1/2021 in WP.No.9333/2021 and dismiss the writ petition.
IA NO: 1 OF 2024 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 please to permit the 2nd petitioner to bring the Legal Representative of the 1st petitioner (Late Smt Kotapalli Subbamma i.e K. Reddappa (Son) as petitioner No. 2 in the above W.P.No. 9333 of 2021 and all it is consequential proceedings before this Hon’ble court, in the interest of justice. Counsel for the Petitioner(S):
1. O UDAYA KUMAR Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:
Heard Ms. R.Sree Vilasita, learned counsel representing Sri O.Udaya Kumar, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned
3
Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 3 and Ms. Usha, learned Assistant Government Pleader for Revenue for the 2nd respondent. 2. Initially the first petitioner filed the above writ petition to declare the action of respondents 2 and 3 in attempting to dispossess her from an extent of Ac.1.50 cents in Sy.No.318 of Nallagatla Palli, H/o Venkatapuram Village, Obula Devara Cehruvu Mandal, Anantapuram District, as illegal and arbitrary. Pendency the writ petition, the first petitioner died and her son being the legal representative came on record, as 2nd petitioner, vide order dated 17.02.2026 in I.A. No.1 of 2024. 3.
Learned counsel for the petitioner would submit that the 1st petitioner purchased an extent of Ac.1.50 cents in Sy.No.318 of Nallagatla Palli, H/o Venkatapuram Village, along with other properties, under a Registered Sale Deed bearing Document.No.522/1986 dated 06.02.1986. The respondents 2 and 3, without issuing any notice attempted to dispossess the petitioner.
4. An interim order was granted on 04.05.2021, and the same is being extended from time to time.
5. A counter-affidavit was filed on behalf of the 5th respondent. In para-5, it was stated as follows:
“In reply to the paras 14 and 15 of the affidavit, it is submitted that the respondent No.3 has not dispossessed the petitioner from extent of land Ac.1.50 Cents in Sy.No.318 of Nallagutlapalli H/o Venkatapuram Village, Obula Devara Cehruvu Mandal, Ananthapuramu District without following the provisions of “The Right to Fair Compensation
4
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and Rules” thereon, in the interest of justice. Notices have not issued to the writ petitioner under “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and Rules” with respect to this land in Sy.No.318 Ext.1.50 Acers of Venkatapuram Village.”
6. Thus, as seen from the pleadings, there is no dispute regarding the petitioners title in respect of Ac.1.50 cents in Sy.No.318 of Venkatapuram Village. The 2nd respondent, in fact, is not interfering with the petitioner’s possession.
7. Given the facts and circumstances of the case, the writ petition is
disposed, directing the 2nd respondent not to interfere with the petitioners’ possession and enjoyment of the land admeasuring Ac.1.50 cents in Sy.No.318 of Nallagatla Palli, H/o Venkatapuram Village, Obula Devara Cehruvu Mandal, Anantapuram District, without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.02.2026 SNI
5
247 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 9333 OF 2021
Date: 24.02.2026 SNI