A < ■ fPHCOI 0159052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10179 OF 2022 0.=: j: Between: 1. Samala Shobha Rani, W/o. Damodar Reddy, D/o. Ganatha Shankar Reddy, Aged 46 years, R/o. H.No.6-8, Sanevaripalli Village Mandal, Ananthapur District. Tanakallu 2. Reddim Vani, W/o. Suri Sekhar Reddy, D/o. Ganatha Shankar Aged 42 years, R/o. Diguvakukkalapalle Village, H/o. Pattemvandlapalli (V), Pedatippa Samudram Mandal, Chittoor District. Reddy, 3. Ganatha Nagi Reddy, S/o. Ramachandrappa, Aged 75 years, R/o. Patravandlapalli Village, Amadaguru Mandal, Ananthapur District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Velagapudi, Government, Education Department, Secretariat, Amaravati, Guntur District. 2. The District Collector, Ananthapur District at Ananthapur. 3. The District Educational Officer, Ananthapur, Ananthapur District. 4. The Mandal Education Officer, Kadiri Mandal, Ananthapur District. 5. The Head Master, Government Boys High School, Kadiri Town and Mandal, Ananthapur District. 6. The Thasildar, Kadiri Mandal, Ananthapur District. 1l ...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 in the nature a WRIT OF MANDAMUS declaring the action of respondents 5 and 6 in insisting petitioners to vacate from their site property of Ac.0.12 >2 cents out of Ac.3.00 cents in Sy.No.54-1A1 (Old Sy.No.54-1) of Sydapuram Revenue Village in Kadiri Mandal of Ananthapur District, for the purpose of extending school play ground, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners' peaceful possession and enjoyment over their said site property. lA NO: 1 OF 2022 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 interfere in any manner with petitioners' peaceful possession and enjoyment over their site property of Ac.0.12 72 cents out of Ac.3.00 cents in Sy.No.54-1A1 (Old Sy.No.54-1) of Sydapuram Revenue Village in Kadiri Mandal of Ananthapur District, pending disposal of the main Writ Petition. lA NO: 2 OF 2022 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Velagapudi, Government, Education Department, Secretariat, Amaravati, Guntur District. 2. The District Educational Officer,Puttaparthi, Sri Satya Sai District. 3. The Mandal Education Officer, Kadiri Mandal, Sri Satya Sai District. 4. The Head Master, Government Boys High School, Kadiri Town and Mandal, Sri Satya Sai District. ...PETITIONERS/RESPONDENTS AND Samala Shobha Rani, W/o. Damodar Reddy, D/o. Ganatha Shankar Reddy, Aged 46 years, R/o. H.No.6-8, Sanevaripalli Village, Tanakallu Mandal, Ananthapur District. Reddim Vani, W/o. Suri Sekhar Reddy, D/o. Ganatha Shankar Reddy, Aged 42 years, R/o. Diguvakukkalapalle Village, H/o. Pattemvandlapalli (V), Pedatippa Samudram Mandal, Chittoor District. Ganatha Nagi Reddy, S/o. Ramachandrappa, Aged 75 years, R/o. Patravandlapalli Village, Amadaguru Mandal, Ananthapur District. 1. 2. 3. ...RESPONDENTS/PETITIONERS The District Collector, Sri Satya Sai District at Puttaparthi. The Thasildar, Kadiri Mandal, Sri Satya Sai District. 4. 5. ...RESPONDENTS/RESPONDENTS 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 vacate the interim orders dt: 19-04-2022 passed in WP.No.10179/2022 and dismiss the writ petition. Counsel for the Petitioners: SRI V.N.V.SURYA DATTU Counsel for the Respondent Nos.1,3 to 5: GP FOR EDUCATION Counsel for the Respondent Nos.2 & 6:GP FOR REVENUE The Court made the following order: APHC010159052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY. THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10179/2022 Between; 1.SAMALA SHOBHA RANI, W/0. DAMODAR REDDY, D/0. GANATHA SHANKAR REDDY, AGED 46 YEARS, R/0. H.NO.6-8, SANEVARIPALLI VILLAGE. TANAKALLU MANDAL, ANANTHAPUR DISTRICT. 2.REDDIM VANI, W/0. SURI SEKHAR REDDY, D/0. GANATHA 42 YEARS, R/0. VILLAGE, PATTEMVANDLAPALLI (V), PEDATIPPA SAMUDRAM MANDAL, CHITTOOR DISTRICT. SHANKAR REDDY, AGED DIGUVAKUKKALAPALLE H/0. 3. GANATHA NAGI REDDY, S/0. RAMACHANDRAPPA, AGED 75 YEARS. R/0. PATRAVANDLAPALLI VILLAGE, AMADAGURU MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT AT ANANTHAPUR. 2 TCDSJ W.P.I\lo.l0179of2022 3.THE DISTRICT EDUCATIONAL OFFICER, ANANTHAPUR DISTRICT. 4.THE MANDAL EDUCATION OFFICER ANANTHAPUR DISTRICT. 5.THE HEAD MASTER, GOVERNMENT BOYS HIGH SCHOOL, KADIRI TOWN AND MANDAL, ANANTHAPUR DISTRICT. 6.THE THASILDAR, DISTRICT. ANANTHAPUR, KADIRI MANDAL KADIRI MANDAL, ANANTHAPUR ...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 tomay be pleased to issue a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of respondents 5 and 6 in insisting petitioners to vacate from their site property of Ac.0.12 'A cents out of Ac.3.00 cents in Sy.No.54-1A1 (Old Sy.No.54-1) of Sydapuram Revenue Village in Kadiri Mandal of Ananthapur District, for the purpose of extending school play ground, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners' peaceful possession and enjoyment over their said site property and pass such Counsel for the Petitioner(S); 1.V.N.V.SURYA DATTU Counsel for the Respondent(S): 1.GP FOR EDUCATION 2.GP FOR REVENUE The Court made the following: 3 TCDS.J W.P.No.10179 of 2022 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10179 of 2022 ORDER: The present writ petition is filed questioning the action of respondent Nos.5 and 6 in insisting the petitioners to vacate from land admeasuring an extent of Ac.0.12 V2 cents out of total extent of Ac.3.00 cents in survey No.54-1A1(old Sy.No.54-1) of Sydapuram Revenue Village, Kadiri Mandal, Ananthapur District. It is the case of the petitioners that their ancestors have purchased the subject land by virtue of registered sale deed dated 21.02.1947 vide document No.479/1947. The petitioners claim that the said land is in peaceful possession and enjoyment of their ancestors and after their demise, the same is inherited by the 2. petitioners. It is the further case of the petitioners that the respondent Nos.5 and 6 started interfering with the possession of the petitioners without giving any notice by stating that, the subject land belongs to the 5*^ respondent. It is specifically pleaded in the affidavit that the subject land is private patta land belonging to the petitioners and the respondent Nos.5 and 6 have absolutely no right over the same. Despite the same, the respondent Nos.5 and 6 continued to interfere 3. TCDSJ W.P.No.l0179of2022 with the possession of the petitioners on the ground that the subject land is being used ( play ground by the students of the 5*'^ respondents school. Questioning the action of the respondent Nos.5 and 6, the present writ petition is filed. as a 4. This Court by an order dated 19.04.2022 directed the respondents to maintain status quo in all respects with regard to subject land pending further orders. The said order is subsisted till today, since the subject land is abutting the school premises and taking advantage of the same is being used as playground by the students. It is further stated that the school authorities are making efforts to pursue the petitioners to donate the subject land playground of 5*'' respondent’s school. for 5. On the other hand, the 5*^ respondent filed counter affidavit stating that the subject land is in exclusive possession and enjoyment of the 5*^ respondent’s school since times immemorial and the same is also within the knowledge of one and all including the petitioners. It is further stated that, the respondent school perfected right and title over the property in dispute. 6. A separate counter affidavit is filed by the 6*'^ respondent/ Tahsildar stating that the subject land is private patta land belonging to the petitioners. The present writ petition is filed without there being 5 TCDSJ W.P.No.10179 of 2022 of action inasmuch as the revenue officials did not any cause interfere with the possession of the petitioners. Heard the learned counsel for the petitioners and learned 7. Government Pleaders for Education and Revenue. Perused the material on record. It is not in dispute that the petitioners are the owners of the subject land admeasuring to an extent of Ac.0.12 >2 cents in Survey No.54-1A1(old Sy.No.54-1) of Sydapuram Revenue Village. To substantiate their claim, they have filed the copies of sale deeds along with the present writ petition. On perusal of the averments made in the counter affidavits, it is clear that the respondent admitted in clear and unequivocal terms that the subject land belongs to the writ petitioners and they are making efforts to pursue the petitioners to donate the same to the school for the purpose of playground. From the above, it is clear that the 5*^ respondent does not have any right over the subject land. Though the respondent has stated in the counter affidavit that it has perfected title by adverse possession, in the absence of any order from the competent civil Court, the contention of the 5*^ respondent cannot be countenanced. 8. 6 TCDSJ W.P.No.10179 of 2022 9. Further, on perusal of the counter affidavit filed by the 2'^^ respondent/District Collector, it is clearly admitted that the subject land belongs to the petitioners. 10. For the foregoing reasons, the present writ petition is allowed and the respondents are directed not to interfere with the possession of the petitioners over the lands in dispute. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 1 SECTION OFFICER To, 1. The Principal Secretary to Government, Education Department, State of Andhra Pradesh, Secretariat, District. 2. The District Collector, Ananthapur District at Ananthapur. 3. The District Educational Officer, Ananthapur, Ananthapur District. 4. The Mandal Education Officer, Kadiri Mandal, Ananthapur District. 5. The Head Master, Government Boys High School, Kadiri Town and Mandal, Ananthapur District. 6. The Thasildar, Kadiri Mandal, Ananthapur District. 7. One CC to Sri V.N.V.Surya Dattu, Advocate [OPUC] 8. Two CCs to GP for Education, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. Velagapudi, Amaravati, Guntur ssb HIGH COURT DATED:16/07/2025 ORDER WP No.10179 OF 2022 ALLOWING THE W.P. WITHOUT COSTS