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2026 DAILYLAW 4599 (AP)

Smt. Ramisetti Kusuma Kumari v. The State of Andhra Pradesh

WP/17742/2026 · 2026-07-01

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010337402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17742/2026 Between: 1. SMT. RAMISETTI KUSUMA KUMARI, W/O. RAMISETTI SRINIVASA RAO, AGED 59 YEARS OCC HOUSEWIFE, R/O. D.NO. 2-12/1, FACTORY CENTER, NADIM TIRUVURU, PATHA TIRUVURU VILLAGE, TIRUVURU MANDAL, NTR DISTRICT, ANDHRA PRADESH - 521235. 2. RAMISETTI VEERA RAGHAVA LAKSHMI, W/O. LATE RAMISETTI JAGANNADHA RAO R/O. D.NO. 2-12/1, FACTORY CENTER, NADIM TIRUVURU, PATHA TIRUVURU VILLAGE, TIRUVURU MANDAL, NTR DISTRICT, ANDHRA PRADESH - 521235. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA AND UD) DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE TIRUVURU MUNICIPALITY, REP. BY ITS COMMISSIONER, TIRUVURU, NTR DISTRICT-521235. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (LANDS-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI- 522238. 4. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, APIIC TOWERS, M ANGALAGIRI, GUNTUR DISTRICT-522503. -2- HN, J W.P.No.17742_2026 5. THE COLLECTOR AND DISTRICT MAGISTRATE, NTR DISTRICT, VIJAYAWADA-520001. 6. THE REVENUE DIVISIONAL OFFICER, TIRUVURU DIVISION, NTR DISTRICT-521235. 7. THE TAHSILDAR, TIRUVURU MANDAL, NTR DISTRICT- 521235. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly the 2 respondent, in interfering with our possession over the subject land admeasuring Ac. 0.42 cents in R.S. No. 205/1 of Patha Tiruvuru Village, Tiruvuru Mandal, NTR District for the purpose of construction of Over Head Tank as illegal, irregular, irrational and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with our peaceful possession and enjoyment of the said land and to 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, particularly the 2nd respondent, not to interfere with our peaceful possession and enjoyment of the subject land admeasuring Ac. 0.42 cents in R.S. No. 205/1 of Patha Tiruvuru Village, Tiruvuru Mandal, NTR District, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP -3- HN, J W.P.No.17742_2026 ORDER: 1. The petitioners have approached this Court claiming that the respondents are trying to dispossess the petitioners from the land admeasuring Ac.0.42 cents in R.S.No.205/1, Patha Tiruvuru Village, Tiruvuru Mandal, NTR District, for constructing an overhead tank over the subject property. It is submitted that the petitioners have purchased the property from the original assignee, as the property is the only pathway for the petitioners to access the subject property. It is submitted by the learned counsel for the petitioners that the petitioners are drawing water from the bore well existing on the subject land. The petitioners have also submitted a representation to the respondents on 30.06.2026 seeking the indulgence of respondent Nos.3, 5, 6 and 7 in considering the regularization fee for regularizing the possession of the subject property. The learned counsel for the petitioners submits that G.O.Ms.No.224 permits land-for-land exchange and that the petitioners are willing to hand over Ac.0.42 cents of their own patta land in lieu of the subject land. 2. The learned Standing counsel for respondent No.2, on written instructions, submits that the subject land could not have been alienated and that there are several proceedings before the Tahsildar and the RDO. It is also submitted that, in the earlier round of litigation, -4- HN, J W.P.No.17742_2026 a writ petition was filed. The learned Standing counsel further submits that the proposal for the construction of an overhead water tank has not yet been finalized. 3. Be that as it may, considering the submissions of the learned counsel for the petitioners that a representation is pending consideration and that the petitioners have requested a land-for-land exchange as permitted under G.O.Ms.No.224 by offering their own patta land in lieu of the subject land, appropriate orders may be passed by the competent authority in accordance with law. 4. With this observation, the present writ petition is disposed off. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:02.07.2026 NKA Whether the order is: Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No -5- HN, J W.P.No.17742_2026 297 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17742 of 2026 Date: 02.07.2026 NKA