Andhra Pradesh High Court
WRIT PETITION 5763 of 2025 on 23 June 1962
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF MAYTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 5763 OF 2025
Between:
/
Kanugula Kalavathi, W/o. Rama Rao, House wife aged about 72 yearsr/o Kanugulavanipeta, Ippili.Srikakulam District, Andhra Pradesh.
...PETITIONER
AND
1. The State of Andhra Pradesh, Represented by its Principal SecretaryRevenueDepartment,SecretariatBuildingsatVelagapudi,GunturDistrict, Andhra Pradesh.RevenueDepartment,SecretariatBuildingsatVelagapudi,GunturDistrict, Andhra Pradesh.
2. The RevenueDivisionalOfficer,Bheemunipatnam,VisakhapatnamDistrict, Andhra Pradesh.District, Andhra Pradesh.
3. TheTahsildar,BheemunipatnamMandal,VisakhapatnamDistrict,Andhra Pradesh.Andhra Pradesh.
4. The District Collector, Visakhapatnam District, Andhra Pradesh.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed prayingthat in the circumstances stated in the affidavit filed therewith, the HighCourt may be pleased to issue a Writ or Order or Directionmore particularlyoneinthe natureof Writof Mandamusdeclaringtheactionoftherespondents 1 to 4 herein in trying to occupy by fixing caution boardsanddestroying without givingany notice or any authority, the mango plantationsexisting m the dry land admeasuring Ac 1.00 centsin Sy.No.329/1pinKapuluppadavillage, Bheemunipatnam Mandal,VisakhapatnamDistrictbelongingtothepetitionersobtainedby wayof DPattavide1586/1372/87;dtd 23/06/1962.
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JA NO: 1 OF 9()9R
;,
PetitionunderSection151CPCisfiledpraying'thatinthecircumstances stated in the affidavit filedisupport of the petition, the HighCourt may be pleased to direct the irespondents[n] 1 to 4 to remove the cautionboardstillthedisposalof thesuit anddeclaringthe actionof therespondents 1 to 4 herein in trying to occupy by fixing caution boardsanddestroying without giving any notice or any authority, the mango plantationsexistingin the dry land admeasuring Ac1.00 centsin Sy.No.329/1p[in]iKapuluppadavillage BheemunipatnamMandal,VisakhapatnamDistrictbelongingto thepetitionersobtainedby wayof DPattavide1586/1372/87;dtd 23/06/1962orto pass such other orderorordersasthisHon’ble Courtmay deemsfit just andproper in the circumstances of thecase.
Counsel for the Petitloner{s);SR|. NALLURI
RAMESH BABU
Counsel for the Respondents:GP FOR REVENUE
The Court made the following:
^'APHC010114712025
S5S
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI[3329](Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF MAYTWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 5763/2025
Between:
Kanugula Kalavathi
...PETITIONER
AND
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The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.NALLURI RAMESH BABU
Counsel for the Respondent(S):
1.GP FOR REVENUE
The Court made the following:
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
ORDER:
WRIT PETITION NO:
This writ petition is filed under Article 226 of the Constitutionof the India seeking the following reliefs:- tnl f°’'der or direction more particularlyonein the nature of Writ of Mandamus declaring the action ofrespondent Nos.1 to 4 herein in trying to occupy bynxmaTdmTcaution boards and destroyingplantations without existing giving in any the notice dry land oradmeasuringAc. 1.00centsinSy. No. 329/IpInKapuluppadaVillage,BheemunipatnamMandat,Visakhapatnam District belonging to the petitioners obtainedbywayofOPatta vide 1586/1372/87 dated 23 06 1962 andpass such Other order."ox ana
2. Heardthe learnedcounselforthepetitioner andthelearned Government Pleader for therespondents.
3. Learnedcounselforthepetitionersubmitsthatthepetitioner’s father is the absolute owner of the landadmeasuring toan extent of Ac. 1.00 cents inSy.No.329/1p of Kapuluppada Village,Bheemunipatnam Mandal, VisakhapatnamDistrict having acquiredthe same through D Patta dated 23,06.1962. After the death of thepetitioner's father, the petitioner has been in peaceful possessionand enjoyment of the subjectproperty by cultivatingthemangoplantation. While things stood thus.the respondents are trying todestroy the mango plantation existing in the subject land and fixedthe caution boards. Hence, thepresent Writ Petition.
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\
4^LearnedAssistantGovernmentPleaderforRevenuesubmits that,if the petitioner is inpossession of the subject property,the respondents would follow due process of awsubmits that,if the petitioner is inpossession of the subject property,the respondents would follow due process of aw
5. Having regard to the submissions made by the learnedcounselfor thepetitioner andthe learnedAssistantGovernmentPleader for the respondents,this Court deemsit appropriatetodispose of the Writ Petition directing the respondents not to interferewith the petitioner’s subject property without following due process oflaw.
6. With the above direction, the writ(petitionis disposedof.There shall be no order as to costs.
As a sequel miscellaneous application, pending,if any,shallalso stand closed.
Sd/- P. VINOD KUMARassistant registrarSECTION OFFICER
//TRUE COPY//
To,
1. The Principal Secretary Revenue Department,State of Andhra Pradesh,SecretariatBuildingsatVelagapudi,GunturDistrict,AndhraPradesh.[By Special Messenger]SecretariatBuildingsatVelagapudi,GunturDistrict,AndhraPradesh.[By Special Messenger]
2. TheRevenueDivisionalOfficer,Bheemumpatnam,VisakhapatnamDistrict, Andhra Pradesh.District, Andhra Pradesh.
3. TheTahsildar,BheemunipatnamMandal,VisakhapatnamDistrict,Andhra Pradesh.Andhra Pradesh.
4. The District Collector, Visakhapatnam District, Andhra Pradesh.[2 TO 4by RPAD]by RPAD]
5. One CC toSRI. NALLURI RAMESH BABU Advocate [OPUC]
6. Two CCs to GP FOR REVENUE ,High Court( >f Andhra[Pradesh.][OUT][OUT]
7. Three CD Copies
high court
DATED:08/05/2025
ORDER
WP.No.5763 of 2025
the writ petitionCOSTS
ry:irt-,Z^'^ 19 SEP 20?5Sectioa-^^'
IS DISPOSED OF WITHOUT
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