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2026 DAILYLAW 5932 (AP)

KUSUM SUBBARAO v. THE STATE OF ANDHRA PRADESH

WP/4887/2026 · 2026-07-16

Kiranmayee Mandava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010087312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4887 OF 2026 Between: 1. KUSUM SUBBARAO, S/O LATE BOJJI, AGED ABOUT 71 YEARS, SENIOR CITIZEN, CASTE. SCHEDULED TRIBE (KOYA),R/O KUMOORU VILLAGE, CHINTOOR MANDAL, POLAVARAM, DISTRICT ANDHRA PRADESH - 533347 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT PIN CODE -522238- 2. THE DISTRICT COLLECTOR, POLAVARAM DISTRICT (ERSTWHILE ALLURI SITARAMA RAJU DISTRICT) AT RAMPACHODAVARAM ERSTWHILE ALLURI SITARAMA RAJU DISTRICT. -534315- 3. THE REVENUE DIVISIONAL OFFICER, CHINTURU REVENUE DIVISION, POLAVARAM DISTRICT (ERSTWHILE ALLURI SITARAMA RAJU DISTRICT) AT RAMPACHODAVARAM ERSTWHILE ALLURI SITARAMA RAJU DISTRICT-53334 7- 4. THE TAHASILDAR, ETAPAKA MANDAL ETAPAKA, POLAVARAM DISTRICT (ERSTWHILE ALLURI SITARAMA RAJU DISTRICT) AT RAMPACHODAVARAM ERSTWHILE ALLURI SITARAMA RAJU DISTRICT.-5333 52 5. PROJECT OFFICER, ITDA, POLAVARAM DISTRICT AT RAMPACHODAVARAM. -533288- 6. BRILLIANT EDUCATIONAL SOCIETY OF TECHNOLOGY, REGD NO 126/97, D.NO 2-1-38, C/O VICBROCK PRIMARY SCHOOL, VICBROCK NAGAR, SARAPAKA, BURGAMPAD MANDAL, KHAMMAM DISTRICT, TELANGANA STATE, -507114- REPRESENTED BY ITS SECRETARY CHEBROLU ZACHARIAH, S/O 2 UNKNOWN TO PETITIONER, AGE. MAJOR. 7. MR VEGISINA RAMAKRISHNA RAJU, S/O NARAYANA RAJU AGED MAJOR, R/O MEDUVAI VILLAGE, ETAPAKA MANDAL, POLAVARAM DISTRICT. -533352 ...RESPONDENT(S): Counsel for the Petitioner: 1. PAGIDIPALLI MADHUKAR BABU Counsel for the Respondent(S): 1. N ASHWANI KUMAR 2. GP FOR SOCIAL WELFARE The Court made the following order: Heard Sri U.D.Jai Bhima, learned counsel appearing for Sri Pagidipalli Madhukar Babu, learned counsel for the petitioners, learned Assistant Government Pleader for Social Welfare appearing for respondent Nos.1 to 5 and Sri R.C.Sri Harsha, learned counsel appearing for Sri N.Ashwani Kumar, learned counsel appearing for respondent No.6. 2. The grievance of the petitioner in the instant writ petition is against the action of respondent Nos.1 to 5 in not taking steps to implement the final order passed in LTR Case No.1/BCM/99 dated 18.11.2004 passed by the Agency Divisional Officer, wherein the eviction of the 6th respondent was ordered from the scheduled property and in not considering the representation dated 13.09.2025 submitted by the petitioner in the said regard. 3. It is contended that the subject land, belonging to a Tribals, is under the illegal occupation and possession of the 6th respondent. 3 4. Learned counsel for the petitioner submits that the subject land was declared to be tribal land as long as in the year 1995 and that an order passed by the Agency Divisional Officer, Bhadrachalam, in L.T.R. Case No.1/BCM/99 has become final. It is further submitted that, despite, bringing, the alleged illegal occupation of the subject land by the 6th respondent, to the notice of the 2nd respondent by way of a representation dated 13.09.2025, the same was not yet been considered. Hence, the present writ petition. 5. Having regard to the submissions made by the learned counsel for the petitioner and considering that the representation dated 13.09.2025 is pending consideration before the 2nd respondent, this Court deems it appropriate to dispose of the writ petition, in the interest of justice, with a direction to the 2nd respondent to consider and pass appropriate orders on the representation dated 13.09.2025 of the petitioner, after affording an opportunity of hearing to the petitioner as well as unofficial respondent Nos.6 and 7, within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.07.2026 BSK 4 107 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4887 OF 2026 Date: 17.07.2026 BSK