APHC010657122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3529]

(Special Original Jurisdiction)

MONDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 1286/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to Allow the Writ Appeal by setting aside the order dt. 3-11-2025 passed in W.P.No.

33717 of 2023 And to grant such Between:

1. S MT. SODE SEETHAMMA, W/O KAMESWARA RAO, AGED ABOUT

53 YEARS, OCC COOK IN SOCIAL WELFARE GIRLS HOSTEL, R/O BHADRACHALAM VILLAGE AND MANDAL, BHADRADRI KOTHAGUDEM DISTRICT.

...APPELLANT AND

1. SODE BHIMAIAH, S/O VEERAIAH, AGED ABOUT 56 YEARS, R/O

1-00, NARASINGAPETA VILLAGE KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT.

2. SODE RAMANAIAH, S/O VEERAIAH, AGED 48 YEARS, R/O 2-34, NARASINGAPETA VILLAGE, KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT.

3. SODE RAMULAMMA, W/O VEERAIAH, AGED 47 YEARS R/O 2-23, NARASINGAPETA VILLAGE, KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT.

4. SODE BUCHIRAJU, S/O VEERAIAH, AGED 45 YEARS, R/O 2-32/A NARASINGAPETA VILLAGE, KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT.

5. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND A) DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO. 135, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

6. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, OF ALLURI SEETHARAMARAJU DISTRICT, A.P., EAST GODAVARI DISTRICT, AT KAKINADA NOW ALLURI SEETHARAMA RAJU DISTRICT.

7. THE SPECIAL COLLECTOR L A, POLAVARAM IRRIGATION PROJECT, KUNAVARAM UNIT, CHINTURU, CHINTURU MANDAL, ALLURI SEETHARAMARAJU DISTRICT, A.P.

8. THE PROJECT OFFICER, INTEGRATED TRIBAL DEVELOPMENT AGENCY, CHINTURU, CHINTURU MANDAL, ALLURI SEETHARAMARAJU DISTRICT, A.P.

9. THE REVENUE DIVISIONAL OFFICER, , RAMPACHODAVARAM, ALLURI SEETHARAMARAJU, A.P. 10 THE TAHSILDAR, KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU, A.P

10. T HE TAHSILDAR, KUNAVARAM MANDAL, ALLURI SEETHARAMARAJU, A.P ...RESPONDENT(S):

IA NO: 1 OF 2025 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 may be pleased to suspend the impugned order dt. 3-11-2025 passed in W.P.No. 33717 of 2023 while permitting the petitioner to withdraw her share amount, pending disposal of the main Writ Appeal, in the interest of justice, and to pass such Counsel for the Appellant:

1. V BABY RANI Counsel for the Respondent(S):

1. GP FOR LAND ACQUISITION

2. G VENKATA KRISHNAIAH The Court made the following judgment:

(Per Hon’ble Sri Justice R Raghunandan Rao)

The father of the appellant, who is a member of a Scheduled Tribe, was holding Ac.22-06 cents of land. The said land, situated in Narsingapet Village, was acquired by the Government for the Polavaram project. The father of the appellant, is said to have attended the award enquiry, on 10.08.2017, wherein he gave a statement that the entire compensation payable under the Award was to be paid to his four sons and one daughter from his second wife and the appellant, who is the daughter born from his first wife. The father of the appellant is said to have passed away after making such a statement. Thereafter, the compensation was fixed, and the District Collector sought to apportion the amounts as per the provisions of the Hindu Succession Act, 1956.

2. The private respondents herein, being aggrieved by such apportionment, approached this Court, by way of W.P.No.33717 of 2023 contending that Section 2(2) of Hindu Succession Act, 1956 specifically excludes members of the Scheduled Tribes from the operation of the said Act. The private respondents herein, then sought reference of the dispute to a Civil Court as per Section 76 of Act, 20 of 2013. A learned Single Judge of this Court, by judgment, dated 03.11.2025, had held that the provisions of the Hindu Succession Act, 1956 would not be applicable to the present case and that the only op