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2026 DAILYLAW 8899 (AP)

SHAIK BEEBI v. THE STATE OF ANDHRA PRADESH

WP/24064/2026 · 2026-08-23

Subba Reddy Satti

body2026

Judgment text

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APHC010438152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24064/2026 Between: 1. SHAIK BEEBI, W/O SHAIK MASTHAN, AGED ABOUT 49 YEARS, R/O SUJATHA NAGAR, VINJAMUR VILLAGE AND MANDAL, S.P.S.R. NELLORE DISTRICT- 524228. 2. SHAIK AMUNA,, D/O SHAIK MASTHAN, AGED ABOUT 24 YEARS, R/O SUJATHA NAGAR, VINJAMUR VILLAGE AND MANDAL, S.P.S.R. NELLORE DISTRICT- 524228. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522 238. 2. THE DISTRICT COLLECTOR, S.P.S.R. NELLORE DISTRICT- 524001, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI DIVISION, S.P.S.R. NELLORE DISTRICT- 524201. 4. THE TAHSILDAR, VINJAMUR MANDAL, S.P.S.R. NELLORE DISTRICT- 524228 ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in interfering with the Petitioners' peaceful possession and enjoyment of their absolute property, attempting to dispossess them and demolish the asbestos sheet roofed shops in an extent of Ac.0-05 cents, situated in Survey No.539/2 of Vinjamur Village and Mandal, S.P.S.R. Nellore District without following due process of law, without issuing notice to them, hearing them, inspecting their title documents, is illegal, arbitrary, unjust, violation of fundamental rights guaranteed under Article 19, 21 and more particularly property right guaranteed under Article 300-A of Constitution and consequently direct the Respondents not to interfere in any manner, not to attempt to dispossess the Petitioners from their absolute property of asbestos sheet roofed shops in an extent of Ac.0-05 cents, situated in Survey No.539/2 of Vinjamur Village and Mandal, S.P.S.R. Nellore District 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 Direct he Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of their absolute property of asbestos sheet roofed shops in an extent of Ac.0-05 cents, situated in Survey No.539/2 of Vinjamur Village & Mandal, S.P.S.R. Nellore District without following due process of law till disposal of the main Writ Petition Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: Heard Sri A. Syam Sundar Reddy, learned counsel for the petitioners, and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. The above writ petition was filed to declare the action of the 4th respondent in attempting to dispossess the petitioner from an extent of Ac.0.05 cents in Sy. No.539/2 of Vinjamur Village and Mandal, SPSR Nellore District, without issuing any notice, as illegal and arbitrary. Page 3 of 4 3. Learned counsel for the petitioners would submit that the then Tahsildar issued a house site patta in favour of the petitioner vide Ex.P1. Initially, the petitioners constructed an asbestos-sheet shed and began residing therein. Now, the petitioners intend to construct a pacca house. 4. Be that as it may, the 4th respondent, without issuing any notice, is attempting to dispossess the petitioners. 5. Sri Divya Teja, learned Assistant Government Pleader for Revenue, on instructions of the 4th respondent, would submit that the petitioners, in the guise of construction, are attempting to encroach upon the public road. The 4th respondent explained the importance of the road margin. The 4th respondent is not interfering with the petitioners’ possession over an extent of Ac.0.05 cents in Sy.No.539/2 of Vinjamur Village and Mandal, SPSR Nellore District. The same is recorded. 6. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition may not serve any purpose, and hence the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel. The 4th respondent shall not interfere with the petitioners’ possession over an extent of Ac.0.05 cents in Sy.No.539/2 of Vinjamur Village and Mandal, SPSR Nellore District, without following due procedure. The petitioners shall not encroach upon the public road. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.08.2026 SNI 169 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24064 OF 2026 Date: 24.08.2026 SNI