K HEMALATHA vs THE STATE OF ANDHRA PRADESH

APHC010317742023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16369/2023 Between: 1.

SMT.

K.HEMALATHA, W/O K.RAJAMOHAN RAO, AGED ABOUT 59 YEARS, R/O D.NO.44/N4, BOSE NAGAR, RAYACHOTY TOWN AND MANDAL ANNAMAYYA DISTRICT AP ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REPTD BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI VILLAGE , AMARAVATHY MANDAL, GUNTUR DISTRICT 2.

THE DISTRICT PANCHAYAT OFFICER/DPO, ANNAMAYYA DISTRICT AT RAYACHOTY 3.

THE DIGUVA ABBAVARAM VILLAGE GRAM PANCHYAT, REPTD BY ITS SECRETARY, DIGUVA ABBAVARAM VILLAGE AND POST RAYACHOTY MANDAL OF ANNAMAYYA 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 Order, proceeding or a writ of mandamus declaring the action of the respondents 2 and 3 in trying to take over the lands of the petitioner situated in sy.no.

285/D extent Ac.o-75 cents, and sy.no.

289/Bi extent Ac.o-56 cents of Diguva Abbavaram Village of 2 Rayachoti mandalam Annamayya District without following the due process of law and the principles of natural justice as illegal arbitrary and unconstitutional and consequently direct the authorities not to take over the lands of the writ petitioner situated in sy.no.285/D extent Ac.o-75 cents, and sy.no.

289/Bi extent Ac.o-56 cents of Diguva Abbavaram Village of Rayachoti mandalam Annamayya District without following the due process of law and the principles of natural justice and pass IA NO: 1 OF 2023 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 issue an order or a direction to the Respondents 2 and 3 not to in not to interfere into the peaceful possession, enjoyment of the lands situated in Sy.No.285/D extent Ac.o-75 cents, and sy.no.

289/Bi extent Ac.o-56 cents of Diguva Abbavaram Village of Rayachoti mandalam Annamayya District pending disposal of the writ petition and pass Counsel for the Petitioner: 1.

S S BHATT Counsel for the Respondent(S): 1.

GP FOR PANCHAYAT RAJ RURAL DEV 2.

Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 ORDER: To declare the action of the respondents in trying to take over the lands of the petitioner to an extent of Ac.0.75 cents in Sy.No.285/D and Ac.0.56 in Sy.No.289/B1 of Diguva Abbavaram Village, Rayachoti Mandal, Annamayya District, without following due process of law, as illegal and arbitrary, the present writ petition is filed.

2.

Heard Sri S.S.Bhatt, learned counsel for the petitioner and Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat for the respondents.

3.

Learned Standing Counsel on written instructions dated 03.11.2025 of Diguva Abbavaram Gram Panchayat submitted that the respondents never interfered with the possession and enjoyment of the petitioner over the land in Sy.No.289/B1.

Further, a Village Health Clinic has already been constructed on the land bearing Sy.No.285/D and has been fully operational, providing essential services to the public since 23.06.2023 and the petitioner has no legal right over the said land, accordingly, prayed to dismiss the writ petition.

4.

Learned counsel for the petitioner prayed to record the said submission and close the writ petition.

5.

Taking the submissions of the learned counsel and the written instructions of the Diguva Abbavaram Gram Panchayat dated 03.11.2025 into consideration; this writ petition is liable to be closed.

4 6.

Accordingly, the Writ Petition is closed.

There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed. nd closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 29th December, 2025 RKS