Andhra Pradesh High Court
WP/24343/2026 of MOGILISETTY KOTESWARAMMA Vs THE STATE OF ANDHRA PRADESH on 24 August 2026
APHC010444172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24343/2026 Between: 1. MOGILISETTY KOTESWARAMMA, W/O. BABU RAO, AGED 60
HN, J
W.P.No.24343_2026
APHC010444172026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE 25th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 24343/2026
Between:
1. MOGILISETTY KOTESWARAMMA, W/O. BABU RAO, AGED 60
YEARS, R/O. PADAMATA BALIJAPALEM, KANDUKUR, PRAKASAM
DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY (MUNICIPAL ADMINISTRATION), SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522238
2. THE KANDUKUR MUNICIPALITY, REP. BY ITS COMMISSIONER, KANDUKUR, PRAKASAM DISTRICT -523105
3. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE - 523001
4. THE
MANDAL
REVENUE
OFFICER,
KANDUKUR
MANDAL,
PRAKASAM DISTRICT - 523105
...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 toissue appropriate writ order or direction more particularly a writ of mandamus, declaring the action of the respondent No.2 in demanding to vacate the Tiffin and Tea Shop run by the petitioner in the name and style of Venkateswara Tiffin Shop situated at Door No.1, Kanigiri Road, Opp.
APSRTC Depot, Kandkur Village and Mandal, Prakasam District for the purpose of road widening without issuing any notice and without following the
HN, J
W.P.No.24343_2026
procedure contemplated under the statute as being illegal, arbitrary unjust and unconstitutional and violative of Art.21 of the constitution of India and consequently direct the 2 nd respondent not to evict the petitioner's Tiffin and Tea shop situated at Door No.1, Kanigiri Road, Opp. APSRTC Depot, Kandkur Village and Mandal, Prakasam 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 the 2nd respondent not to evict the petitioner's Tiffin & Tea shop situated at Door No.1, Kanigiri Road, Opp. APSRTC Depot, Kandkur Village and Mandal, Prakasam District pending disposal of the writ petition Counsel for the Petitioner:
1. A VARALAKSHMI
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP MUNCIPAL ADMN AND URBAN DEV AP
HN, J
W.P.No.24343_2026
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ORDER:
1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the action of respondent No.2 in holding out threats of dispossession of the petitioner from the tiffin and tea shop being run by the petitioner under the name of and style of Venkateswara Tiffin Shop, situated at Door No.1, Kanigiri Road, opposite APSRTC Depot, Kandukur Village and Mandal, Prakasam District.
2. It is submitted that the petitioner was granted patta in the year 2004 for the subject site admeasuring Ac.0.02½ cents and that the petitioner has been in possession and enjoyment of the same. It is further submitted that respondent No.2 is demanding the petitioner to vacate the said premises by treating the petitioner as an encroacher.
3. The learned Standing counsel appearing for respondent No.2 has placed the written instructions on record, stating that the encroachers on Government land had voluntarily removed their temporary sheds, including the petitioner. However, the petitioner has now approached this Court by relying upon a DK Patta allegedly issued by the MRO, Kandukur. It is further submitted that appropriate action shall be initiated subject to the report of the MRO, Kandukur.
4. In reply, the learned counsel appearing for the petitioner submits that the petitioner is presently running a tiffin and tea stall in the said premises.
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W.P.No.24343_2026
5. Recording the same, the present writ petition stands disposed off, leaving it open for the respondent authorities to take appropriate action after receipt of the appropriate report from respondent No.4.
6. Considering the same, status quo shall be maintained by both parties till receipt of the report from the Tahsildar pertaining to the DK Patta relied upon by the petitioner. It is needless to mention that further action shall be initiated only after receipt of the report from the 4th respondent, and after due verification thereof. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:25.08.2026 NKA
Whether the order is: Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
HN, J
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 24343 of 2026 Date: 25.08.2026
NKA