APHC010332782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16908/2025 Between: 1. M NARASAMMA, W/O. DEVADASULU, AGED ABOUT 66 YEARS, R/O. CHENETHA NAGAR, ANGALLU, KURABALAKOTA, CHITTOOR DISTRICT. 2. B. SALAMMA,, W/O. B. SREERAMULU NAIK, AGED ABOUT 45 YEARS, R/O. NAKKALADINNE THANDA, PONNETIPALEM, MANDANAPALLE, ANNAMAYYA DISTRICT. 3. . K. AKKAIAH,, W/O. NARASIMHULU, AGED ABOUT 52 YEARS, R/O. SENETHANAGAR, KURABALAKOTAMANDAL,ANNANNAYYA DISTRICT. 4. Y. JAYAMMA, , W/O. PEDDA REDDEPPA, AGED ABOUT 53 YEARS, R/O. EDDULAVARIPALLE, R.N. THANDA, THAMBALAPALLE, CHITTOOR DISTRICT. 5. K. KANTHAMMA,, W/O. NARAYANA, AGED ABOUT 47 YEARS, R/O. EDUVABOMPALLI, R.NADIMPALLI, RAMASAMUDRAM, CHEMBAKUR, CHITTOOR DISTRICT. 6. . Y. GURUDEVI,, W/O. SRINIVASULU, AGED ABOUT 52 YEARS, R/O. EDUVABOMPALLI, R.NADIMPALLI, SAMASAMUDRAM, CHEMBAKUR, CHITTOOR DISTRICT. 7. . K. MANGAMMA,, W/O.KRISHNAPPA, AGED ABOUT 49 YEARS, R/O. YERRAGUTTAPALLI, PEDDAMANDYAM, MADANAPALLE, NOW ANNAMAYYA DISTRICT. 2 8. C. RAJAMMA, , W/O. THIMMA REDDY, AGED ABOUT 47 YEARS, R/O. CHENETHA NAGAR, ANGALLU, KURABALKOTA MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, KURABALAKOTA MANDAL, ANNAMAYYA 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 to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in interfering with the petitioners peaceful possession and enjoyment plots bearing Plot Nos. 104, 105, 106, 107, 109,110,111 and 113 in Sy.No. 633-12 situated in Chenethanagar, Angallu Village, Kurabalakota Mandal, Annamayya District as illegal arbitrary and without jurisdiction and consequently direct the 4th respondent not to interfere with the petitioners peaceful possession and enjoyment of above mentioned plots. Counsel for the Petitioner(S): 1. RAJA REDDY KONETI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16908 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in interfering with the petitioners’ peaceful possession and enjoyment of plots bearing Plot No.s 104, 105, 106, 107, 109, 110, 111 and 113 in Sy. No.633-12 situated in Chenethanagar, Angallu Village, Kurabalakota Mandal, Annamayya District as illegal, arbitrary and without jurisdiction and consequently direct the 4th respondent not to interfere with the petitioners’ peaceful possession and enjoyment of above said plots and pass such other order.” 2. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property, without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished the written instructions of 4th respondent, dated 09.07.2025, wherein it is stated as follows: I submit that S.No.633 of Angallu village in Kurabalakota Mandal which measures an extent of 15.67 acres is classified as Gayalu (G.A.W) as per the Re-settlement Register of the village. 4 I submit that a glance at the grant of impugned house site pattas alleged to have been granted to the petitioners reveals the simple fact that they are bogus and generated documents as the fact remains that the above property lies on the North of Madanapalli Mandal and in the impugned pattas is depicted that Madanapalli Mandal lies on the North of disputed property and this amply goes to show that the above documents are bogus and forged and not emanated from the records of this respondent. The petitioners are all fraudsters intend to knock away valuable government property on the strength of spurious documents. I submit that the Hon’ble High Court in K.Janakirami Reddy vs. State of Telangana has held that “fraud vitiates every solemn act. Fraud can destroy the force of effect of any solemn Act and fraud and Justice never dwell together. 4. Having regard to the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents, it is observed that when the petitioners are in settled possession and enjoyment of the subject property, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1”. Therefore, if the petitioners are in possession of the subject property, the 1 2004 (1) SCC 769 5 respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ subject property, except by following due process of law. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1100..0077..22002255 ssjj 6 67 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16908 of 2025 1100..0077..22002255 ssjj