APHC010121792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7070 OF 2021 Between: Smt. Devarakonda Saram Bee,, W/o. D. Ibrahim Sab, Aged about 58 years, Minority Colony, Gonegandia Village and Mandal, Kurnool District. ...Petitioner AND 1. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, rep. by its Secretary. 2. The District Collector, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Adoni, Kurnool District. - 4. The Tahsildar, Gonegandia, Kurnool District. 5. Peta Mansoor, S/o. late Peta Tailor Mabu, Aged about 36 years, 0pp. Post Office, Near Tahsildar's Office, BC Colony, Gonegandia, Kurnool District. ...Respondents 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 a writ, order or direction more particularly one i the nature of Writ of Mandamus, declaring action of the respondents more particularly respondent No. 4 in seeking to dispossess the petitioner from her house site % bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) cents or 50 X 60 Sq. yards situated at Gonegandia Village and Mandal, Kurnool District at the instance of 5th respondent, as illegal, arbitrary, unwarranted, unjust, violative of principles of natural justice and violative of Art. 14, 21 and 300-A of thd Constitution of India and consequently DIRECT the respondents not to dispossess the petitioner from her house site bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) cents or 50 X 60 Sq. yards situated at Gone gandia Village and Mandal, Kurnool District. lA NO: 1 OF 2021 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 Direct the respondents not to dispossess the petitioner from her house site bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) Cents or 50 X 60 Sq. yards situated at Gonegandia Village and Mandal, Kurnool District, pending disposal of above writ petition. Counsel for the Petitioner: SRI BUTTA VIJAYA BHASKER * Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No. 5: SRI M SRIKANTH The Court made the following order: APHC010121792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE 0S0 Bifl [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 7070/2021 Between: 1.SMT. DEVARAKONDA SARAM BEE,, W/0. D. IBRAHIM SAB, AGED ABOUT 58 YEARS, MINORITY COLONY, GONEGANDLA VILLAGE AND MANDAL DISTRICT. KURNOOL ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REVENUEDEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. 2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 4.THE TAHSILDAR, GONEGANDLA, KURNOOL DISTRICT. 5.PETA MANSOOR, S/0. LATE PETA TAILOR MABU, AGED ABOUT 36 YEARS, OPP. POST OFFICE, TAHSILDAR'S OFFICE, BC COLONY, KURNOOL DISTRICT. NEAR GONEGANDLA, •w- r- 2 ...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 topleased to issue a writ, order or direction more particularly one i the nature of WRIT OF MANDAMUS, declaring action of the respondents more particularly respondent No. 4 in seeking to dispossess the petitioner from her house site bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) cents or 50 X 60 Sq. yards situated at Gonegandia Village and Mandal, Kurnool District at the instance of 5th respondent, as illegal, arbitrary, unwarranted, unjust, violative of principles of natural justice and violative of Art. 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents not to dispossess the petitioner from her house site bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) cents or 50 X 60 Sq. yards situated at Gone gandia Village and Mandal, Kurnool District and pass IA NO: 1 OF 2021 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 DIRECT the respondents not to dispossess the petitioner from her house site bearing plot No. 226 in Sy.No. 627, 628-B admeasuring 3 (three) cents or 50 X 60 $q. yards situated at Gonegandia Village and Mandal, Kurnool District, pending disposal of above writ petition and pass Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1.M SRIKANTH 2.GP FOR REVENUE 3 The Court made the following order: It is the case of the petitioner that, she was assigned house site patta admeasuring an extent of Ac.0.3 cents in Sy.Nos.627, 628-B in plot No.226 of Gonegandia Village and Mandal, Kurnool District, by virtue of proceedings in Rc.B.No.158/2015, dated 05.03.1994, by the 4^^ respondent. Copies of the said house site patta along with annexure are filed along with the writ petition. It is further case of the petitioner that, she erected a thatched hut and over a period of time the same got dilapidated and collapsed. Thereafter, she intended to raise construction with iron sheets and in furtherance thereto, she constructed compound wall with th black stone slabs. It is the case of the petitioner that the 4 respondent interfered with the possession of the petitioner without issuing any notice and without following the due process of law. Questioning the said action, the present writ petition is filed. On the other hand, the respondent Nos.4 & 5 have filed separate counter affidavits stating that, while granting house site plots in favour of various individuals, the 4^'^ respondent inadvertently allotted plot No.226 in favour of both the petitioner and the 5*'^ respondent. After realizing the said mistake, the 4*^ 2. 4 respondent changed the plot number from 226 to 132 in the patta given in favour of the writ petitioner and plot No.226 was allotted in favour of the 5‘^ respondent. The counter affidavit further reads that, the petitioner has erected black slab stones around plot No.226. It is further stated that, after putting the petitioner on notice, the allotment made in favour of the petitioner was revised by changing the plot number from 226 to 132 and stated that the petitioner has no right over plot No.226. The reply affidavit is filed by the petitioner specifically denying the fact that, she was not put on notice before the alleged revised allotment was made in her favor. She would further claim that’, she is in peaceful possession and enjoyment of the said plot, which is also admitted by the 4*^ respondent in the counter affidavit. It is further stated in the reply affidavit that, the 5*'^ respondent was never in possession and he is an absolute stranger to the plot in dispute. 3. 4. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned counsel for the S**" respondent. 5. Perused the material available on record. r ■' 5 6. It is not in dispute that, initially the petitioner was allotted house site patta in plot No.226 of the said village. It is a specific case of the petitioner that, without issuing any notice, the 4 th’ th respondent interfered with her possession at the instance of 5 respondent. On ttie other hand, the learned Assistant Government Pleader for Revenue would submit that, though the patta was granted in favor of the petitioner in plot No.226, subsequently the same got revised, and plot No. 132 was allotted in her favor. The learned Assistant Government Pleader would further submit that, the said revised order was passed on 03.04.1994. A copy of the revised patta said to have been allotted in favor of the petitioner is filed along with the counter. On perusal of the same, it is clear that, there are interpolations and corrections made with respect to the date mentioned below the said endorsement made by the Tahsildar concerned. Apart from the same, it is also evident that the counter signature was made on 20.06.1996. In view of the same, an inference can be drawn that the alleged endorsement was made behind the back of the petitioner and further nothing is placed on record to show that the petitioner was put on notice. 6 Further, though it is stated that the 4'^ respondent has changed the plot number from 226 to 132 in the house site patta of the petitioner, on close perusal of the said patta, it is clear that 7. the boundaries remain the same for plot Nos.226 & 132. From the above, it is clear that the allotment of alleged revised house site patta in favour of the petitioner cannot be believed. Further, the 4*^^ respondent admitted that, the writ petitioner erected black stone slabs around plot No.226 which goes to show that the petitioner is in possession of the said plot. Nothing is placed on record to show the 5‘^ respondent is in possession of plot No.226. In view of the same, the present writ petition is disposed of, directing the respondents not to interfere with the possession of 8. the petitioner, except in accordance with law. It is made clear that, the 4**^ respondent is further directed to conduct enquiry into the matter and pass appropriate orders, after issuing notices to the petitioner and the 5*^ respondent. It is needless to mention that the 4‘^ respondent shall afford opportunity of being heard to both the parties before passing orders in the matter. 9. There shall be no order as to costs. ^ ■ 7 As a sequel, pending applications, if any, shall stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// FFICER SE To, Department, State of Andhra Pradesh, - 1. The Secretary, Revenue Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Kurnool, Kurnool District. 3 The Revenue Divisional Officer, Adoni, Kurnool District. 4. The Tahsildar, Gonegandla, Kurnool District. ' 5. One CC to Sri. Butta Vijaya Bhasker Advocate [OPUC] 6. One CC to Sri. M Srikanth Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT 8. Three CD Copies GSC ■ HIGH COURT DATED:08/07/2025 ORDER WP NO. 7070 OF 2021 & ' I I AU6 J(B5 jNCijreoiSMtox;; DISPOSING THE WP WITHOUT COSTS