1. >< >^PHC010249072022 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: 15288 OF 2(177 AS 'F 'A K i \ X A' Between: Kutagulla Vengareddygari Chenna Reddy, S/o.K.V.Narayana Reddy, Aged 60 years, Occ. Cultivation, R/o. D.No.11-1-764, Town, Ananthapur District. Aravind Nagar, Ananthapur ...PETITIONER AND 1. The State of Andhra Pradesh Rep. by its Principal Secretary to , Secretariat, j Government, Education Department, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Sri Satya Sai District at Puttaparthi 3. The District Educational Officer, Puttaparthi, Sri Satya 4. The Mandal Education Officer, Kadiri Mandal 5. The Head Master, Government Boys High School Mandal, Sri Satya Sai District. 6. The Thasildar, Kadiri Mandal, Sri Satya Sai District. Sai District. Sri Satya Sai District. Kadiri Town and j ...RESPONDENTS of India praying that in the , the High Court may be a writ order or direction more particularly one in the nature a WRIT OF MANDAMUS declaring the action of respondents 5 and 6 in Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue . . . insisting the petitioner to vacate from his landed property of Ac. 1.50 cents out of Ac.3.00 cents in Mandal of Sri Satya Sai District, for the Sy.No.54-1 of Sydapuram Revenue Village in Kadiri purpose of extending school play and violative of consequently direct the respondents not to interfere in any manner with the petitioner's peaceful possession and enjoyment over his said landed property. ground, as illegal, irregular, irrational, without jurisdiction Articles 14, 21 and 300-A of Constitution of India and 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 the petitioner's peaceful possession and enjoyment over his landed property of Ac.1.50 cents out of Ac.3.00 cents in Sy.No.54-1 of Sydapuram Revenue Village in Kadiri Mandal of Sri Satya Sai District, pending disposal of the main Writ Petition. lA NO: 2 OF 207? lA NO: 2 OF 207? Petition under Order 7 Rule 14(3) r/w. Section the circumstances stated in the affidavit filed i High Court may be pleased to 26.03.1945 in Original Suit Number 232 of Learned District Munsif of Ananthapur, being filed of 2022 in the interests of justice. Counsel for the Petitioner: SRI V.N.V.SURYA Counsel for the Respondent Nos.1,3 to 5: Counsel for the Respondent Nos.2 & 6: GP FOR REVENUE The Court made the following order; 151 CPC praying that in in support of the petition, the receive the document such as Decree dt. 1944 on the file of the court of herewith in WP No. 15288 DATTU GP FOR EDUCATION * APHC010249072022 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: 15288/2022 Between: 1.KUTAGULLA VENGAREDDYGARI CHENNA REDDY, S/O.K.V.NARAYANA REDDY, AGED 60 YEARS, OCC. CULTIVATION, R/0. D.N0.11-1-764, ARAVIND NAGAR, ANANTHAPUR TOWN, ANANTHAPUR DISTRICT. ...PETITIONER 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, SRI SATYA SAI DISTRICT AT PUTTAPARTHI. 3.THE DISTRICT EDUCATIONAL OFFICER, PUTTAPARTHI, SRI SATYA SAI DISTRICT. 4.THE MANDAL EDUCATION OFFICER, KADIRI MANUAL, 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); TCDSJ W.P.No.l5288of2022 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 toto 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 the petitioner to vacate from his landed property of Ac.1.50 cents out of Ac.3.00 cents in Sy.No.54-1 of Sydapuram Revenue Village in Kadiri Mandal of Sri Satya Sai 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 the petitioner's peaceful possession and enjoyment over his said landed property and pass 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 the petitioner's peaceful possession and enjoyment over his landed property of Ac.1.50 cents out of Ac.3.00 cents in Sy.No.54-1 of Sydapuram Revenue Village in Kadiri Mandal of Sri Satya Sai District, pending disposal of the main Writ Petition 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 receive the document such as Decree dt. 26.03.1945 in Original Suit Number 232 of 1944 on the file of the court of Learned District Munsif of Ananthapur, being filed herewith in WP No. 15288 of 2022 in the interests of justice and to pass Counsel for the Petitioner; 1.V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. G.P FOR REVENUE The Court made the following: 3 TCDS,J W.P.No.l5288of20Z2 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 15288 of 2022 ORDER: The present writ petition is filed questioning the action of respondent Nos.5 and 6 in insisting the petitioner to vacate from land admeasuring an extent of Ac.1.50 cents out of total extent of Ac.3.00 cents in survey No.54-1 of Sydapuram Revenue Village, Kadiri Mandal, Sri Satya Sai District. It is the case of the petitioner that his ancestors have purchased the subject land by virtue of registered sale deed dated 21.02.1944 vide document No.621/1944. The petitioner claims that the said land is in peaceful possession and enjoyment of his ancestors and after their demise, the same is inherited by the 2. petitioner. It is the further case of the petitioner that the respondent Nos.5 and 6 started interfering with the possession of the petitioner 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 petitioner 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. 4 TCDS.J W.P.No.l5288of2022 A with the possession of the petitioner on the ground that the subject land is being used as a play ground by the students of the 5**^ respondent’s school. Questioning the action of the respondent Nos.5 and 6, the present writ petition is filed. This Court by an order dated 17.06.2022 directed the 4. respondents not to interfere with the possession of the petitioner. 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 petitioner to donate the subject land for playground of 5*^ respondent’s school. On the other hand, the 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 petitioner. It is further stated that, the 5*^ respondent school perfected right and title over the property in dispute. 6. Heard the learned counsel for the petitioner and learned Government Pleaders for Education and Revenue. 7. Perused the material on record. It is not in dispute that the petitioner is the owner of the subject land admeasuring to an extent TCDS,J W.P.No.l5288of2022 0 -of Ac.1.50 cents in Survey No.54-1 of Sydapuram Revenue Village, his claim, he has filed the copies of sale deeds along To substantiate with the present writ petition. On perusal of the averments made in the counter affidavits, it is clear that the S'" respondent admitted in clear and unequivocal terms that the subject land belongs to the writ making efforts to pursue the petitioner to school for the purpose of playground. From petitioner and they are donate the same to the that the 5^*^ respondent does not have any right the above, it is clear the subject land. Though the 5*'’ respondent has stated in the over , in affidavit that it has perfected title by adverse possession the competent civil Court, the counter the absence of any order from contention of the 5*"^ respondent cannot be countenanced. the present writ petition is allowed directed not to interfere with the possession For the foregoing reasons, and the respondents are of the petitioner over the lands in dispute. There shall be no order as 08. to costs. shall stand closed. As a sequel, pending applications, if any Sd/- N. NAGAWIWIA assistant REGI^RAR g^M'^icer //TRUE COPY// SE To, Principal Secretary to Government, Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. District Collector, Sri Satya Sai District at Puttaparthi. District Educational Officer, Puttaparthi, Sri Satya Sai District. 4. The Mandal Education Officer, Kadiri Mandal, Sri Satya Sai District. 1. The 2. The 3. The 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. 7. One CC to Sri V.N.V.Surya Dattu, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CC’s to GP for Education, High Court of Andhra Pradesh[OUT] 10. Two CD Copies. ssb - "I HIGH COURT DATED:16/07/2025 ORDER WP No.15288 OF 2022 O g( 3 0JUL ^ Sectioii^5^ ALLOWING THE W.P. WITHOUT COSTS