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2026 DAILYLAW 6654 (AP)

R SUJATHA v. THE STATE OF ANDHRA PRADESH

WP/4664/2025 · 2026-07-20

K Sreenivasa Reddy

body2026

Judgment text

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APHC010090052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 4664/2025 Between: 1. R SUJATHA, W/O. R. MADHAVA REDDY, AGED ABOUT 44 YEARS, OCC AGRICULTURE, R/O. JARAVARIPALLI VILLAGE, KURMAI POST, PALAMANER MANDAL, CHITTOOR DISTRICT. 2. R.MADHAVA REDDY,, S/O. LATE RAYALAM RAMA CHANDRA REDDY AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O. JARAVARIPALLI VILLAGE, KURMAI POST, PALAMANER MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) A N D 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. MANDAL PARISHAD DEVELOPMENT OFFICER, PALAMANER MANDAL, CHITTOOR DISTRICT. 4. JARAVARIPALLI GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY/EXECUTIVE OFFICER, PALAMANER MANDAL, CHITTOOR DISTRICT. 5. THE TAHASILDAR, PALAMANER MANDAL, CHITTOOR DISTRICT 6. THE VILLAGE REVENUE OFFICER, JARAVARIPALLI, PALAMANER MANDAL, CHITTOOR 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 an appropriate Writ, Order or direction more particularly SRK, J W.P.No.4664 of 2025 2 one in the nature of Writ of Mandamus declaring the action of the respondents No.3 to 6 in interfering with petitioners rights over the House plot in an extent of 266.66 Sq.Yards in Sy.No. 87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal, Chittoor District, with fixed boundaries of East- S. Narayana Reddy Empty Place, West- A. Ramachandra Reddy Empty Place, North- Panchayat Tar Road and South- Konda Reddy House as belong to us without assigning any reason and following due process of law as arbitrary, illegal, colorable exercise of power, Voilation of principal of Natural justice apart from being voilative of the fundamental and Constitutional rights guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 to 6 not to interfere with our rights over the House Plot in an extant of extent of 266.66 Sq.Yards in Sy.No. 87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal, Chittoor District, with fixed boundaries of Eas- S. Narayana Reddy Empty Place, West- A.Ramachandra Reddy Empty Place, North- Panchayat Tar Road and South- Konda Reddy House as belong to petitioners without assigning any reason without following due process of law and pass IA NO: 1 OF 2025 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 No. 3 to 6 not to interfere with petitioners rights over the house property in an extant of extent of 266.66 Sq.Yards in Sy.No. 87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal, Chittoor District, with fixed boundaries of East:- S. Narayana Reddy Empty Place, West:- A. Ramachandra Reddy Empty Place, North:- Panchayat Tar Road and South:- Konda Reddy House as belong to petitioners without assigning any reason without following due process of law pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: SRK, J W.P.No.4664 of 2025 3 O R D E R Heard learned counsel for the Writ Petitioners, learned Assistant Government Pleader for the Panchayat Raj and Rural Development, representing respondent No.1, learned Assistant Government Pleader for the Revenue, representing respondent Nos.2, 5 and 6 and the learned Standing Counsel for the Gram Panchayat, representing respondent Nos.3 and 4. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.3 to 6 in interfering with petitioners right over the house plot in an extent of 266.66 square yards in Sy.No.87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal, Chittoor District, with fixed boundaries of East: S.Narayana Reddy empty place; West: A.Ramachandra Reddy empty place; North: Panchayat Tar Road, and South: Konda Reddy House as belong to the petitioners without assigning any reason and following due process of law, as arbitrary, illegal, colorable exercise of power, violation of principles of natural justice, apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300A of the Constitution of India, and consequently direct the respondent Nos.3 to 6 not to interfere with their right over the house plot in an extent of 266.66 sq. yards in Sy.No.87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal, Chittoor District, with the aforesaid boundaries, as belongs to the petitioners without assigning any reason without following due process of law and pass such other order or orders …” SRK, J W.P.No.4664 of 2025 4 3. Brief averments of the affidavit filed by the Writ Petitioner No.1 are that, Writ Petitioners are wife and husband. The house site property to an extent of 266.66 square yards in Sy.No.87/1 Jaravaripalli Village, Kurmai Post, Palamaner Mandal of Chittoor District is the Grama Kantam land and ancestral property of 2nd Writ Petitioner. Originally, father-in-law of 1st Writ Petitioner i.e. father of 2nd Writ Petitioner, constructed a house in ground floor only in an extent of 900 square meters; that later, 2nd Writ Petitioner acquired right over the same and he has been in continuous possession; that with a view to modify and expand the house and make further construction, a building plan approval through Proceedings dated 20.12.2018 was obtained in the name of 1st Writ Petitioner from the respondent No.4, and thereafter, they modified and expanded the original house to first floor and living therein. Respondent No.6, after conducting physical enquiry, issued a confirmation Certificate stating that the Writ Petitioners are in possession and enjoyment of the subject property and they are paying house tax to the respondent Nos.3 and 4, regularly, without any default. (b) There is a small vacant land adjacent to the constructed area of the total house plot; that on 14.02.2025 while the Writ Petitioners were trying to raise fencing around the vacant land of SRK, J W.P.No.4664 of 2025 5 subject house property, the respondent Nos.3 to 6 high-handedly objected the same and threatened them not to enter through the vacant land, stating that the said land belongs to the Government. The respondent Nos.3 to 6 are interfering into the possession of the Writ Petitioners without assigning any reason whatsoever with an oblique motive to benefit their interested persons. Though the Writ Petitioners tried to submit a representation to the respondent No.2, they did not bother to receive the same. Hence, the Writ Petition. 4. Today, when the matter is taken up for hearing, learned Standing Counsel for the Gram Panchayat, representing respondent No.4, on written instructions submitted by the Panchayat Secretary/ Executive officer, Palamaner Mandal of Chittoor District, submits that the land in Survey No.87/1 is classified as Gramakantam and the Writ Petitioners are in possession of the subject house site plot and this respondent is not interfering with the subject house plot of the Writ Petitioners. The written instructions are placed on record. 5. Having regard to the submission that the respondent No.4 is not interfering with the Writ Petitioners’ peaceful possession and enjoyment over the subject house plot situated in Survey No.87/1, no cause survives in this Writ Petition. SRK, J W.P.No.4664 of 2025 6 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 21st July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓