IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010308402025 MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15692 OF 2025 Between: Uppari Nagarjuna, S/o.Uppari Kesanna, aged 50 years, Occ.Cultivation R/o.H ■ No.2-41, Chetlamallapuram Village, Kalluru Mandal, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, Kurnool, Kurnool District. The Revenue Divisional Officer, Kurnool Division, Kurnool District. The Tahsildar, Kalluru Mandal,Kurnool District. Uppari Laksmi Devi, W/o. Late. Uppari Shankaraiah, aged 45 years,Occ.Cultivation, R/o.Chetlamallapuram Village, Kalluru Mandal,KurnoolDistrict. Uppari Siva Prasad, S/o. Late. Uppari Shankaraiah, aged 25 years,Occ.Cultivation, R/o.Chetlamallapuram Village, Kalluru Mandal, Kurnool District. The Station House Officer, Ulindakonda P.S.,Kallur Mandal, Kurnool District. 1. 2. 3. 4. 5. 6. 7. ...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 directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the^r'^pondent in conducting the enquiry and sent a report to the 3^'' respondent vide report Rc.B.943/2024, dated. 18-03-2025 by entertaining appeal/online application filed by the 5th respondent against the petitioner to decide the title dispute between the petitioner and^espondent, without jurisdiction, contrary to the Section 8(2) and 9 of A.P. Rights in Land and Pattadar Passbooks Act, 1971, in respect of the land in Sy.No. 65-2A an extent of Ac.2.88 cents, situated at Chetlamallapuram Village fields, Kalluru Mandal, Kurnool District, which is illegal, arbitrary, unjust, violative of provisions of ROR Act, Articles 14,19 and 300-A of the Constitution of India, apart from the law laid down by Hon ble Division Bench of this Honble Court and consequently set-aside the same and consequential action if any, further directions to the respondents not to interfere dispossess and obstruct in raising the crop and harvesting the crop in the subject land or otherwise petitioner and his family will suffer serious finance loss and great hardship. lA NO: 1 OF 2025 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 be pleased to grant interim stay of all further proceedings pursuant to the report Rc.B.943/2024, dated. 18-03-2025 by the 4^'^ respondent including the consequential action if any of the 3'^'^ respondent in respect of the land in Sy.No.65-2A an extent of Ac.2.88 cents, situated at Chetlamallapuram Village fields, Kalluru Mandal, Kurnool District pending disposal of the Writ Petition. Counsel for the Petitioner: SRI CHALLA SIVASANKAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6:— Counsel for the Respondent No.7:GP FOR HOME The Court made the following:ORDER I- APHC010308402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15692/2025 Between; 1.UPPARI NAGARJUNA, S/O.UPPARI KESANNA, AGED 50 YEARS, .CHETLAMALLAPURAM OCC.CULTIVATION VILLAGE, KALLURU MANDAL,KURNOOLDISTRICT. R/O.H.NO.2-41 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KURNOOL DIVISION, KURNOOL DISTRICT. 4.THE TAHSILDAR, KALLURU MANDAL,KURNOOL DISTRICT. 5.UPPARI LAKSMI DEVI, W/0. LATE..UPPARI SHANKARAIAH, AGED YEARS,OCC.CULTIVATION VILLAGE, KALLURU MANDAL,KURNOOLDISTRICT. 45 R/O.CH ETLAMALLAPU RAM 6.UPPARI SIVA PRASAD, S/0. LATE. UPPARI SHANKARAIAH, AGED R/O.CH ETLAMALLAPU RAM 25 YEARS,OCC.CULTIVATION, VILLAGE, KALLURU MANDAL, KURNOOL DISTRICT. 7.THE, STATION HOUSE OFFICER, ULINDAKONDA P.S.,KALLUR MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 NV,J W.P.No.15692 of 2025 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 4.^ Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in conducting the enquiry and sent a report to the 3rd respondent vide report Rc.B.943/2024, dated. 18-03-2025 by entertaining appeal/online application filed by the 5th respondent against the petitioner to decide the title dispute between the petitioner and respondent, without jurisdiction, contrary to the Section 8(2) and 9 of A.P. Rights in Land and Pattadar Passbooks Act, 1971, in respect of the land in Sy.No. 65-2A an extent of Ac.2.88 cents, situated at Chetlamallapuram Village fields, Kalluru Mandal, Kurnool District, which is illegal, arbitrary, unjust, violative of provisions of ROR Act, Articles 14,19 and 300-A of the Constitution of India, apart from the law laid down by Hon ble Division Bench of this Honble Court and consequently set-aside the same and consequential action if any, further directions to the respondents not to interfere dispossess and obstruct in raising the crop and harvesting the crop in the subject land or otherwise petitioner and his family will suffer serious finance loss and great hardship and pass such lA NO: 1 OF 2025 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 be pleased to grant interim stay of all further proceedings pursuant to the report Rc.B.943/2024, dated. 18-03-2025 by the 4th respondent including the consequential action if any of the 3 respondent in respect of the land in Sy.No. 65-2A an extent of Ac.2.88 cents, situated at Chetlamallapuram Village fields, Kalluru Mandal, Kurnool District pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.CHALLASIVASANKAR I Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.15692 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15692 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. claiming the following relief: “to issue Writ of Mandamus,declaring the action of the 4*^ respondent in conducting the enquiry and sent a report to the 3'’'^ respondent vide Report Rc.B.943/2024 dated 18.03.2025 by entertaining appeal/online application filed by the 5th respondent against the petitioner to decide the title dispute between the petitioner and 5th respondent, without jurisdiction contrary to the Section 82 and 9 of A P Rights in Land and Pattadar Passbooks Act 1971 in respect of the land in Sy.No.652A an extent of Ac.2-88 cents situated at Chetlamallapuram Village fields, Kalluru Mandal, Kurnool District which is illegal, arbitrary, unjust violative of provisions of ROR Act Articles 14, 19 and 300-A of the Constitution of India apart from the law laid down by Hon’ble Division Bench of this Hon’ble Court and consequently set-aside the same and consequential action if any further directions to the respondents not to interfere dispossess and obstruct in raising the crop and harvesting the crop in the subject land or otherwise petitioner and his family will suffer serious finance loss and great hardship.” Learned counsel for the petitioner' submits that the petitioner is the pattadar and possessor of agricultural land admeasuring Ac. 2.88 cents situated in Survey No. 65-2A, Chetlamallapuram Village Fields, Kalluru Mandal, Kurnool District, having acquired the same through his ancestors. The petitigner is in peaceful possession and enjoyment of the said land and the relevant revenue records were duly mutated in his favour. It is further submitted that, while the matter stood thus, the 4*'' respondent submitted a report bearing Rc.No.B.943/2024 dated 18.03.2025 to the respondent. 2. 4 NV,J W.P.No.15692 of 2025 wherein it is stated that the unofficial respondents who are none other than legal heirs of brothers of petitioner are also in possession of land to an extent of Ac. 1-44 cents in the very same Survey No.65/2A. The learned counsel contends that Respondents Nos. 3 and 4, instead of confining themselves to their administrative functions, are assuming the role of a civil court and purportedly adjudicating title and possession disputes between the petitioner and the unofficial respondents. In' view of the above, the learned counsel for the petitioner prays for setting aside the impugned report dated 18.03.2025, submitted by the 4^*^ respondent, as being without jurisdiction and contrary to law. 3. On the other hand, learned Government Pleader for Revenue placed on record written instructions submitted by the Tahsildar, Kallur Manda! in Rc.B.943/2024 dated 30.06.2025, wherein it is stated as follows: “It is submitted that, the title dispute between Smt. Uppari Lakshmi Devi w/o Sankaraiah and the petitioner Sri Uppari Nagarjuna s/o Kesanna, both are the relatives. As per Registered Document No.2261/1956, Sri Chinna Somanna s/o Naganna has purchased the land in Sy.No.65A to an Extent of Ac.4-75 cents of Chetlamallapuram Village of Kallur Mandal, Sri Chinna Somanna having 04 sons 1. Anjaneyulu 2. Sankaraiah 3. Nagaraju 4. Giddaiah. Later, Smt. Uppari Lakshmi Devi w/o Sankaraiah late has been entered in Sy.No.65-1A extent Ac.1-28 cents in Revenue Records and land compensation Ac.0-19 cents has'taken by Smt. U. Lakshmi Devi. 5 NV,J W.P.No.15692 of 2025 In another aspect, Sri Uppari Kesanna who is the brother of Chinna Somanna has been entered in Sy.No.65-2A to an extent of Ac.2-88 cents in Revenue Records. Further, it is submitted that, Sri Chinna Somanna and Kesanna have not partitioned among the joint family. Hence, there is dispute araised between among the family members. It is submitted that, there is discrepancy arised between the partition of the land among Chinna Somanna and Kessanna due to they did not written any partition documents. Accordingly, the same report has been submitted to the Revenue Divisional Officer, Kurnool vide Rc.B.943/2024 datec| 18.03.2025 for taking further action in the matter. Learned Government Pleader for Revenue submits that the subject enquiry was undertaken by the 4th respondent pursuant to representations submitted by both the petitioner and the unofficial respondents. It is submitted that the enquiry has culminated only in the .preparation of a report, and no final or conclusive orders have been passed by the 3rd respondent adjudicating the respective claims of the petitioner and the unofficial respondents, as on date. It is further submitted that disputes arose between the parties in view of the absence of a registered partition among the petitioner and the unofficial I respondents, who are stated as coparceners of the joint family of one Chinna Somanna. The learned Government Pleader contends that, in light of the said report submitted by the 4‘^ respondent, the respondent is currently in the process of examining the matter, and requested to pass appropriate orders. 4 6 NV,J W.P.No.15692 of 2025 5. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. 6. Upon careful perusal of th,e materials on record, it is evident that disputes exist between the family members of the petitioner and the unofficial respondents concerning the extent of land to be allotted or shared among them, particularly in the absence of any duly executed and registered partition deed. The record indicates that there are ongoing proceedings and existence of title documents between the members of the joint family; howfever, with respect to the land situated in Survey No. 65/2A, the matter remains unresolved and pending final determination. In view of the foregoing, it is manifestly clear that the disputes relating to title, possession, and partition of the said land cannot be effectively adjudicated or settled through revenue proceedings alone. Such disputes are inherently civil in nature and ought to be resolved by the exercise of appropriate jurisdiction vested exclusively in the competent civil courts of law. It is only through such a forum that the parties may obtain a final and binding determination of their respective rights, shares, and interests, thereby bringing about an end to the controversy in a just and equitable manner. 7. 8. Further, it is observed that resorting to filing of repeated applicationsor representations before the revenue authorities and soliciting orders therefrom. 7 NV,J W.P.No.15692 of 2025 k f of the civil court, amounts to impermissible without invoking the jurisdiction circumvention of the statutory revenue adjudication process. Such acts are ulterior motive of securing personal advantage, which is undertaken with the impermissible and contrary to the principles of orderly administration of justice. stated above, the report dated 18.03.2025 given In view of the reasons by the 4*^ respondent is hereby set-aside. It is left open to the petitioner and the unofficial respondents to approach the competent civil forum to seek of their disputes. In the meanwhile, status quo obtaining as on 9. adjudication shall be maintained by the parties concerned with respect to revenue today entries in the revenue records. With the above direction, writ petition is disposed of. No costs. 10. miscellaneous applications pending if any, shall also 11. Consequently stand dismissed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh,Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kurnool, Kurnool District. Divisional Officer, Kurnool Division, Kurnool District. 3. The Revenue 4. The Tahsildar, Kalluru Mandal,Kurnool District. Officer, Ulindakonda P.S.,Kallur Mandal, Kurnool 5. The Station House District. V 6. One CC to Sri Challa Sivasankar, Advocate [OPUC] 7. Two GO’S to GP for Revenue, High Court of A.P. at Amaravati[OUT] 8. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 9. Three CD Copies. i ssb high court DATED:30/06/2025 ORDER WP No. 15692 of 2025 disposing of the W.P. WITHOUT COSTS