Dismissed¶37

Smt. a.Hemalatha v. the State of Andhra Pradesh

Andhra Pradesh HC6 Jan 2026WP/16055/2022

Case brief

AI extract

What is this about?

Abatement of writ petition on death of sole petitioner; legal representatives not impleaded / non-prosecution; interim order deemed vacated; pending IAs closed; Article 226 mandamus concerning alleged forcible takeover of land in Sy.No. 46/2, Venkatappakota village, Madanapalle Mandal, Chittoor (now Annamayya) district for laying a 60-foot-wide road involving revenue authorities and A.P. State Housing Corporation; substitution of standing counsel (K. Mallikarjuna Murthy for E.V. Jagannadha Rao); no costs; Andhra Pradesh High Court, Amaravati; Justice B. Krishna Mohan; 07.01.2026.

What did the court decide?

None. The writ petition was dismissed as abated on the petitioner's death; any interim order was deemed vacated; no order as to costs. ¶37

Smt. a.Hemalatha Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

None. The writ petition was dismissed as abated on the petitioner's death; any interim order was deemed vacated; no order as to costs.

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Issue for consideration

Whether the respondents' attempt to take over the petitioner's land in Sy.No. 46/2 (Ac.0-46 cents out of Ac.0-92 cents), Venkatappakota village, Madanapalle Mandal, Chittoor district (now Annamayya district), for laying a 60-feet-wide road, allegedly by using police force and without following due process of law and principles of natural justice, is illegal, arbitrary and unconstitutional. (Framed from the prayer; the court did not adjudicate this issue as the petition was dismissed as abated.)

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Ratio / Principle

The writ petition is dismissed as abated, recording that the petitioner had died and, despite efforts to bring her legal representatives on record, they were not evincing interest to pursue the matter.

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Key takeaways

Any interim order operating in the writ petition stands deemed vacated as a consequence of the abatement.ratio¶37
All pending interlocutory applications stand closed as a sequel to the dismissal of the writ petition.ratio¶38
There shall be no order as to costs.ratio¶37

Detailed headnote1 paragraphs

Writ Petition No. 16055 of 2022 (High Court of Andhra Pradesh at Amaravati, Special Original Jurisdiction), B. Krishna Mohan, J., decided 07.01.2026. Petition filed under Article 226 by Smt. A. Hemalatha seeking a writ of mandamus against the State of Andhra Pradesh, the District Collector, Sub Collector and Tahsildar (Madanapalle) and the A.P. State Housing Corporation, challenging their alleged attempt to take over her land in Sy.No. 46/2 (Ac.0-46 cents out of Ac.0-92 cents), Venkatappakota village, Madanapalle Mandal, Chittoor district (now Annamayya district) for laying a 60 ft x 340 ft road, purportedly high-handedly with police force and without due process of law. An interim order dated 17.06.2022 had been passed in the petition; IA No. 1 of 2024 sought its vacation along with dismissal of the writ petition. On 07.01.2026 the court recorded that the petitioner had died and that her legal representatives, despite efforts, were not evincing interest in prosecuting the matter, and dismissed the writ petition as abated, deeming any interim order vacated, closing pending interlocutory applications, with no order as to costs. The Registry was directed to print the name of Sri K. Mallikarjuna Murthy, Standing Counsel for the 5th respondent Corporation, replacing Sri E.V. Jagannadha Rao. No merits adjudication occurred; the underlying grievance remains undecided.

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[3233]

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APHC010270202022

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 16055/2022

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Between:

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SMT. A.HEMALATHA, W/O A.MADHUSUDHAN NAIDU AGED ABOUT 60 YEARS, D.NO.14-264, CAPTIAN LAKSHMI STREET, MADANAPALLE TOWN AND MANDAL,CHITTOOR DISTRICT

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPTD BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARITAT, AMARAVATHY VELAGAPUDI GUNTUR DISTRICT

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THE DISTRICT COLLECTOR, CHITTOOR

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THE SUB COLLECTOR, MADANAPALLE 517325

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THE TAHSILDAR, MADANAPALLE 517325 CHITTOOR DISTRICT

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THE ANDHRA PRADESH STATE HOUSING CORPORATION, NIRMAN BHAVAN, AUTONAGAR, VIJAYAWADA, ANDHRA PRADESH.

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...RESPONDENT(S):

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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 topleased issue a writ one in the nature of mandamus declaring the action of the respondents in trying to take over the writ petitioners land in sy.no. 46/2 extent Ac.o-46 cents out of Ac. 0-92 cents of venkatappakota village of madanapalle mandal of chittoor district/ now Annamayya district for

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HBKM,J

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W.P.No.16055 of 2022

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the purpose of laying a road from west to east in an extent of 6o feet width x 340 feet length high handedly, by using police force, and without following the due process of law and in violation of the principles of natural justice, as illegal arbitrary,unconstitutional and also in violation of the principles of natural justice, and consequently direct the respondents to not to take over the land of the writ petitioner situate in sy.no. 46/2 extent Ac.0-46 cents out of Ac. 0-92 cents of venkatappakota village of madanapalle mandal of chittoor district/ now Annamayya district without following the due process of law and without following the principles of natural justice and to pass

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IA NO: 1 OF 2022

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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 pleased to stay all further proceedings including the respondents entering into the land of the writ petitioner and making any constructions which is situated in sy.no. 46/2 extent Ac.o-46 cents out of Ac. 0-92 cents of venkatappakota village of madanapalle mandal of chittoor district/ now Annamayya district and to pass

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IA NO: 1 OF 2024

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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 pleased to vacate the interim order dated 17.06.2022 in WP.No. 16055 of 2022 and also dismiss the Writ Petition and pass

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Counsel for the Petitioner:

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1.S S BHATT

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Counsel for the Respondent(S):

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1.E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

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2.GP FOR REVENUE

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HBKM,J W.P.No.16055 of 2022

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The Court made the following Order:

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The learned counsel for the petitioner submits that the petitioner died and inspite of taking efforts to bring her L.Rs on record, it appears that they are not evincing any interest to pursue the matter.

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Recording the same, this Writ Petition is dismissed as abated. Interim order if any deemed to have been vacated. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, shall stand closed.

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Registry is directed to print the name of Sri K.Mallikarjuna Murthy, the learned Standing Counsel for the 5^th respondent Corporation and delete the name of Sri E.V.Jagannadha Rao, learned Standing Counsel.

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__________________________ JUSTICE B. KRISHNA MOHAN

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Dt : 07.01.2026 sj

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HBKM,J W.P.No.16055 of 2022

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174

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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