1 APHC010137122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8581/2025 Between: S Jayaram Reddy ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent: 1. GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8581/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “....to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 4 in trying to interfere with the Petitioners peaceful possession and enjoyment in respect of their absolute property for an extent of 879.96 Sq. yards situated in Survey No.252/3, L.P.No.287 of Yerrabodireddipalle Village, G.D.Nellore Mandal, Chittoor District, is illegal, arbitrary, unjust, violation of principles of natural justices and fundamental rights guaranteed under Article 19, 21 and more particularly property right guaranteed under Article 300-A of Constitution and consequently direct the Respondents 2 to 4 not to interfere with the Petitioners possession and enjoyment in respect of their absolute property for an extent of 879.96 Sq.yards situated in Survey No. 252/3, L.P.No.287 of Yerrabodireddipalle Village, G.D.Nellore Mandal, Chittoor District, without following due process of law and pass….” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The claim of the petitioners is that the petitioners herein acquired a small extent of Ac.146.66 Sq.Yards each totaling to an extent of 879.96 Sq.yards in Survey No.252/3, L.P.No.287 of situated at Yerrabodireddipalle Village, G.D.Nellore Mandal, Chittoor District. While so, without issuing any notice and without following due process of law, the respondent Nos. 2 to 4 have interfering with the peaceful possession and enjoyment of the said property. Hence, the present Writ Petition. 3 4. On the other hand, the learned Assistant Government Pleader for Revenue furnished written instructions dated 04.04.2025, issued by the 4th respondent, wherein it is stated as under: “(f) Further the matter has been enquired and it is noticed that the Registrations were made without valid documentary evidences and as per the recommendations of the respondents, the District Collector, Chittoor has issued cancellation orders vide D.Dis.No.Coor3/480240/2024, dated 22.02.2025 with a direction that the Tahsildar, G.D.Nellore to execute a cancellation deed of the sale deed registered as Document Nos.7014/2024, 7016/2024, 7018/2024 and 7019/2024 of Sub-Registrar Office, Chittoor present the cancellation deed before the Sub-Registrar, Chittoor and get the same registered. (g) I submit that as per the orders of the District Collector, Chittoor, this respondent have made cancellation deeds before the District registrar, Chittoor and the above registrations vide Document Nos. 7014/2024, 7016/2024, 7018/2024 and 7019/2024 dated 07.03.2025 have been cancelled as the writ petitioners have made fraudulent registrations in the scheduled land in which VHS pattas were already issued to the villagers on the same land in the year 2006. (h) Further I submit that the Writ Petitioner have approached the District Court, Chittoor and file a Suit in O.S.No.145/2025 before the Hon’ble Principal Civil Judge of Chittoor on the same matter and the said suit is pending before the Hon’ble Court. The Writ Petitioners have again filed this Writ Petition before the Hon’ble High court of A.P. pending finalization of case in lower court. (h) I humbly submit that the Writ Petitioners have made Registrations without valid documentary evidences in which the land was already issued House site pattas to the villagers in sy.No.252/2 of Errabodireddipalli village. The above process was done as per due procedure by issuance of Notices to the Writ Petitioners. Further a suit in O.S.No.145/2025 is also pending before the Hon’ble Principal Civil Judge of Chittoor.” 5. Learned Assistant Government Pleader further submits that, since the petitioners invoked the jurisdiction through Civil Court of law and sought for a permanent injunction against the unofficial respondents, they cannot invoke 4 the writ jurisdiction for the similar relief, as if, the respondents are interfering with the peaceful possession and enjoyment property of the petitioners. Further, the subject property was already converted as non-agricultural land and issued house-site pattas, which were granted in the year 2006. The registered sale deed said to have been executed by the vendor of the petitioners is without any title and right whatsoever, over the subject property. Accordingly, all the sale deeds executed in favour of the petitioners were cancelled by way of a cancellation deed duly registered dated 07.03.2025. Following cancellation of the petitioner’s title deeds, the respondents are looking over the subject property. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that the subject land is in dispute between the petitioners and the respondent Nos. 1 to 4. The claim of the petitioners is that they acquired the subject property through sale deeds in the year 2004, but the petitioners are unable to explain the source of title of their vendors who executed the sale deed and no document to that effect was filed along with the writ petition. On the other hand, learned Assistant Government Pleader by way of written instructions submitted that the house-site pattas were issued to the petitioner’s with reference to in the year 2006 and the sale deeds of the petitioner were cancelled by way of cancellation deeds dated 07.03.2025. Therefore, the dispute between the petitioners and respondents have to be resolved by invoking common law 5 remedies, as was done by the petitioners seeking a permanent injunction and the petitioner can also challenge the cancellation deeds. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 04.04.2025 LLSSPP 6 31 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8581/2025 04.04.2025 LLSSPP