APHC010354362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17839/2025 Between: 1. P HARINATHA REDDY, S/O.P.KRISHNA REDDY, AGED ABOUT 78 YEARS R/O.D.NO. KAMBHAMVARIPALLE, KV PALLI MANDAL, ANNAMAYYA DISTRICT. 1. 2-23, MINNAMAREDDYGARI PALLI SORAKAYALAPETA 2. POTHAPU SWETHA,, W/O. POTHAPU SANTHOSH KUMAR REDDY, AGED ABOUR 39 YEARS, OCC HOUSE WIFE,H.NO. 2-23-4, MINNAMAREDDYGARIPALLI,K V PALLI MANDAL, SORAKAYALAPET, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANNAMAYYA, ANNAMAYYA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY, ANNAMAYYA DISTRICT. 4. THE TAHSIDHAR, KV PALLI 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 writ of Mandamus or any other appropriate writ or direction or order declaring the action of the Respondents in interfering with the peaceful possession and enjoyment of the land to an extent of Ac. 3.95 cents in Sy. No. 796/11 and Ac.3.95 cents in Sy. No. 796/10 situated within the village limits of Kambhamvaripalli, K.V. Palli Mandal, Annamayya Districtand trying to evict/dispossess the petitioner from his land as illegal, arbitrary and in violation of principles of natural justice and Article 21 and 300-A of Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of petitioner's land to an extent of Ac. 3.95 cents in Sy. No. 796/11 and Ac.3.95 cents in Sy.No. 796/10 situated within the village limits of Kambhamvaripalli, K.V. Palli Mandal, Annamayya Districtin any manner and to pass such IA 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 to direct the Respondents not to interfere with the petitioner's peaceful possession and enjoyment of land to an extent of Ac. 3.95 cents in Sy. No. 796/11 and Ac.3.95 cents in Sy No. 796/10 situated within the village limits of Kambhamvaripalli, K.V. Palli Mandal, Annamayya Districtin any manner pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. SATISH SANDU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER Heard Sri P.Subhash, learned counsel representing Sri Satish Sandu, learned counsel for the petitioners and Sri G.Divya Theja, learned Assistant Government Pleader for Revenue for respondents. 2. The grievance of the petitioners is that the 4th respondent is interfering with the petitioners’ possession and enjoyment of an extent of Ac.3.95 cents each in S.Nos.796/11 and 796/10 of Kambhamvaripalli village, K.V.Palli Mandal, Annamayya District, without issuing any notice. 3. Learned counsel for the petitioners would submit that originally the subject land was assigned to one P.Krishna Reddy, father of 1st petitioner. The father of 1st petitioner executed a testament bequeathing the property to his grandchildren. Thereafter, the 1st petitioner’s son executed a gift deed in favour of the 1st petitioner in respect of Ac.3.95 cents in S.No.796/11, and the name of the 1st petitioner is updated in the record of rights, and the Tahsildar issued ROR-1B. He would also submit that the 2nd petitioner, daughter-in-law of the 1st petitioner, owns Ac.3.95 cents in S.No.796/10, and the name of the 2nd respondent is updated in the record of rights, and the 4th respondent issued pattadar pass books and title deeds. He would also submit that, without issuing any notice, the 4th respondent is interfering with the possession and enjoyment of the petitioners in respect of the subject land. 4. The writ petition was listed on 16.07.2025. Learned Assistant Government Pleader for Revenue submitted the instructions of the Tahsildar along with notice dated 23.06.2025 issued under Rule 16 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989. This Court, on a perusal of the notice dated 23.06.2025, granted an interim order on 16.07.2025 directing the learned Tahsildar to produce the entire record. 5. Today, the learned Tahsildar is present and would submit that in the notice dated 23.06.2025, Rule 16 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 was mistakenly mentioned. He would also submit that a complaint was received, and hence, he issued the said notice to the petitioners to submit the relevant documents. He would submit that he will withdraw the notice dated 23.06.2025. The Learned Tahsildar did not dispute regarding the updation of names of the petitioners on the record of rights. 6. Learned Assistant Government Pleader for Revenue would submit that the 4th respondent will not interfere with the petitioners’ possession and enjoyment over the subject property, without following due process of law. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side directing the 4th respondent not to interfere with the petitioners’ possession and enjoyment over the landed property of an extent of Ac.3.95 cents each in S.Nos.796/11 and 796/10 of Kambhamvaripalli village, K.V.Palli Mandal, Annamayya District, without following due process of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD