Ganatha Venkata Siva Reddy, v. The State of Andhra Pradesh,
WP/12911/2022 · 2025-07-15
T C D Sekhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16529 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16529 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I . APHC010218722022 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: 12911 OF 2022 Between:
1. Ganatha Venkata Siva Reddy,, SS/o Late Narasimha Reddy, Aged 75 years, Occ; Cultivation, R/o H.No.6-8, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. 2. Ganatha Rajeswari,, W/o Late Mohan Reddy, Aged 72 years. Housewife, R/o Patravandia Palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. Patravandia Palli
3. Ganatha Venugopal Reddy,, S/o. Late Krishna Reddy Aged 58 years. Housewife, R/o Patravandia palli Village, Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. 4. Ganatha Ram Mohan Reddy,, S/o. Late Krishna Reddy, Aged 53 years. Housewife, R/o Patravandia palli Village,Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. (Cause Title is amended as per the Court's Order dt. 16.07.2025 in i.A.No.03 of 2022.) ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Education Department, Secretariat, Amaravati, Guntur District. Velagapudi,
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2. The District Collector, Sri Satya Sai District at Puttaparthi. The District Educational Officer, Puttaparthi, Sri Satya Sai District. The Mandal Education Officer, Kadiri Mandal, Sri Satya Sai District. The Head Master, Government Boys High School, Kadiri Town and Mandal, Sri Satya Sai District. The Thasildar, Kadiri Mandal, Sri Satya Sai District. 3. 4. 5. 6. ...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 1/2 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 1/2 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, pending disposal of the main Writ Petition
r lA NO: 2 OF 2022
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, 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. Education Department, Secretariat, Velagapudi, ...Petitioners/Respondents AND
1. Ganatha Venkata Siva Reddy,, SS/o Late Narasimha Reddy, Aged 75 years, Occ: Cultivation, R/o H.No.6-8, Patravandia Palli Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District
2. Ganatha Rajeswari W/o Late Mohan Reddy, Aged 72 years. Housewife, R/o Patravandia Palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. 3. Ganatha Venugopal Reddy,, S/o. Late Krishna Reddy Aged 58 years. Housewife, R/o Patravandia palli Village, Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. 4. Ganatha Ram Mohan Reddy,, S/o. Late Krishna Reddy, Aged 53 years. Housewife, R/o Patravandia palli Village,Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. ... Respondents/Petitioners
5. The District Collector, Sri Satya Sai District at Puttaparthi. 6. The Thasildar, Kadiri Mandal, Sri Satya Sai District. ...Respondents/Respondents (Cause Title is amended as per the Court’s Order dt. 16.07.2025 in I.A.No.03 of 2022.)
r 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: 02-05-2022 passed in 1A.No. 1/2022 in WP.No.12911/2022 and dismiss the writ petition. lA NO: 4 OF 2022
1.
The District Collector, Sri Satya Sai District at Puttaparthi. 2. The Thasildar, Kadiri Mandal, Sri Satya Sai District. ...Petitioners/Respondents AND
1. Ganatha Venkata Siva Reddy,, SS/o Late Narasimha Reddy, Aged 75 years, Occ: Cultivation, R/o H.No.6-8, Patravandia Palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. 2. Ganatha Rajeswari W/o Late Mohan Reddy, Aged 72 years. Housewife, R/o Patravandia Palli, Mohammadabad Village, Amadag Mandal, Sri Satya Sai District. ur
3. Ganatha Venugopal Reddy,, S/o. Late Krishna Reddy Aged 58 years. Housewife, R/o Patravandia palli Village, Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. 4. Ganatha Ram Mohan Reddy,, S/o. years. Late Krishna Reddy, Aged 53 Housewife, R/o Patravandia palli Village,Mohammadabad Mandal, Amadagur Mandal, Sri Satya Sai District. .. .Respondents/Petitioners
5. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Education Department Amaravati, Guntur District. 6. The District Educational Officer, Puttaparthi, Sri Satya Sai District. 7. The Mandal Education Officer, Kadiri Mandal, Sri Satya Sai District. 8. The Head Master, Government Boys High School, Kadiri Town and Mandal, Sri Satya Sai District. Secretariat Velagapudi
(O' Note : R5 to 8 are not necessary parties ...Respondents/Respondents (Cause Title is amended as per the Court's
Order dt. 16.07.2025 in I.A.No.03 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, vacate the status quo order dated 02.05.2022 in I.A.No.1 of 2022 in W.P.No.12911 of 2022 and also 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 and 6: GP FOR REVENUE The Court made the followingorder:
• f APHC010218722022 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: 12911/2022 Between:
1.GANATHA VENKATA SIVA REDDY,, S/0. LATE NARASIMHA REDDY, AGED 75 YEARS, OCC- CULTIVATION, R/0.
H.NO.6-8, SANEVARIPALLI VILLAGE, TANAKALLU MANDAL, ANANTHAPUR DISTRICT.
2.GANATHA RAJESWARI,, W/0. LATE MOHAN REDDY, AGED 72 YEARS, HOUSEWIFE, R/0. PATRAVANDLA PALLI VILLAGE, MOHAMMADABAD MANDAL, ANANTHAPUR DISTRICT. 3.GANATHA VENUGOPAL REDDY,, S/0. LATE MOHAN REDDY, AGED 58 YEARS, HOUSEWIFE. R/0. PATRAVANDLA PALLI VILLAGE, MOHAMMADABAD MANDAL, ANANTHAPUR DISTRICT. 4.GANATHA RAM MOHAN REDDY S/0. LATE MOHAN HOUSEWIFE, RIO. MOHAMMADABAD j i REDDY, AGED 53 YEARS, PATRAVANDLA PALLI VILLAGE, MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,
2 TCDSJ W.P.No.12911 of 2022 GUNTUR DISTRICT.
2.THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHI. 3.THE DISTRICT EDUCATIONAL OFFICER, PUTTAPARTHI SRI SATYA SAI DISTRICT.
4.THE MANDAL EDUCATION OFFICER, KADIRI MANDAL, SRI SATYA SAI DISTRICT.
5.THE HEAD MASTER, GOVERNMENT BOYS HIGH SCHOOL, KADIRI TOWN AND MANDAL, SRI SATYA SAI DISTRICT. 6.THE THASILDAR, KADIRI MANDAL, SRI SATYA SAI DISTRICT. ...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 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 1/2 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 and pass lA NO:
1 OF 2022 praying that in the circumstances stated in the affidavit filed in support of the petition. Petition under Section 151 CPC
3 TCDSJ W.P.No.12911 0/2022 the High Court may be pleased 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 '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, pending disposal of the main Writ Petition and pass lA NO: 2 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 pleased to vacate the interim orders dt: 02-05-2022 passed in 1 A.No.1/2022 in WP.No.12911/2022 and dismiss the writ petition and pass lA NO: 3 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 pleased to permit the petitioners to amend the residential addresses of petitioners and father name of petitioners 3 & 4 in the cause title of WP No. 12911 of 2022 by substituting the following cause title. "1. Ganatha Venkata Siva Reddy. Sib. Late Narasimha Reddy, Aged 75 years, Occ: Cultivation. Itto. H.No.6-8, Patravandia palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. 2. Ganatha Rajeswari, W/o. Late Mohan Reddy, Aged 72 years. Housewife, R/o. Patravandia palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. Instead of 3. Ganatha Venugopal Reddy, S/o. Late Krishna Reddy, Aged 58 years. Cultivation, R/o. Patravandia palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District. 4.
Ganatha Ram Mohan Reddy, S/o. Late Krishna Reddy, Aged 53 years, Cultivation,
4 TCDS.I W^P.No.l2911of2022 R/o. Patravandia palli, Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District." in the interest of justice and pass such other
order or orders as lA NO: 4 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, vacate the status quo order dated 02.05.2022 in I.A.No.1 of 2022 in W.P.No.12911 of 2022 and also dismiss the writ petition and pass 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:
5 TCDSJ W.P.No-12911 o! 2022 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO; 12911 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 >2 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.
2. 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 petitioners.
3. 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
6 TCDSJ W.P.No.12911 of 2022 with the possession of the petitioners on the ground that the subject land is being used as a play ground by the students of the respondent’s school. Questioning the action of the respondent Nos.5 and 6, the present writ petition is filed.
4. This Court by an
order dated 02.05.2022
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 for playground of respondent’s school. On the other hand, the 5^^ respondent filed counter affidavit
5. 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. A separate counter affidavit is filed by the 6**^ respondent/
6. Tahsildar stating that the subject land is private patta land belonging to the petitioners. The present writ petition is filed without there being
7 TCDSJ W.P.No.12911 of 2022 any cause of action inasmuch as the revenue officials did not interfere with the possession of the petitioners.
7. Heard the
learned counsel for the petitioners and learned Government Pleaders for Education and Revenue.
8. Perused the material on record. It is not in dispute that the petitioners are the owners of the subject land admeasuring to extent of Ac.0.12 34 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 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 respondent cannot be countenanced. an
09. For the foregoing reasons, the present writ petition is allowed and the respondents are directed not to interfere with the possession
8 TCDSJ W.P.No.l2911of2022 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/- K. TATA RAO DEPUTY REGISTER //TRUE COPY// X SECT OFFICER To,
1. The Principal Secretary to Government, Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Sri Satya Sai District at Puttaparthi. The District Educational Officer, Puttaparthi, Sri Satya Sai District. The Mandal Education Officer, Kadiri Mandal, Sri Satya Sai District. The Head Master, Government Boys High School, Kadiri Town and Mandal, Sri Satya Sai District. The Thasildar, Kadiri Mandal, Sri Satya Sai District. One CC to Sri. V.N.V.Surya Dattu Advocate [OPUC] Two CCs to GP for Education High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT]
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HIGH COURT DATED:16/07/2025
ORDER WP NO. 12911 OF 2022 •s 1 2 AUG 2025 Current Secwon ALLOWING THE WP WITHOUT COSTS