IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 24519 OF 2022 Between: 1. Chowta Jayamma @ Vallagi Jayapradha, W/o. Subba Rao, aged 52 years Occ; Agriculture, R/o. D.No. 9-116, Bethapudi, Bapatia Mandal Bapatia District. Occ; 2. Chowta Pushpamma, W/o. Subba . . „ Rao. aged 63 years, Agriculture, R/o. D.No. 2-6, Bethapudi, Bapatia Mandal, Bapatia District. 3. Karreddula Kumari, W/o. Emmanual, aged 61 years, Occ: Agriculture, R/o. Bethapudi, Bapatia Mandal, Bapatia District. 4. Gajula china Susila, W/o. G.Srinivasa Rao, legal heir of Chowta (Assignee), aged 55 years, Occ: Agriculture, R/o. D.No. 1- 25/C, Bethapudi, Bapatia (M), Bapatia District. 5. Tammisetty Prabhavathi, W/o. late Gangadhara Rao, aged 43 years, tegal heir of T.Subbulu (Assignee), Occ; Agriculture, R/o. D.No. 7-62/A Bethapudi, Bapatia Mandal, Bapatia District. 6. S. Nageswara Rao, S/o. Krishnamurthy, aged 65 years, legal heir of Sathupati Prasanna(Assignee) Occ; Agriculture, R/o D No 9-91 Bethapudi, Bapatia Mandal, Bapatia District ...PETITIONERS AND 1. The State of Andhra Pradesh Department, Amaravati. 2. The District Collector, Bapatia District (Guntur District), Bapatia. 3. The Revenue Divisional Officer, Bapatia (Tenali) Revenue Bapatia, Bapatia (Guntur) District. 4. The Tahsildar, Bapatia Mandal, Bapatia (Guntur) District. rep. by its Principal Secretary, Revenue Division 5. Manthena Haribabu, S/o. Tirupathi Raju, Aged 58 years, Occ: Business, R/o. VL Puram, Bapatia town, Bapatia (Guntur) District. 6. Pinniboina Eswaramma, W/o. Rama Krishnaiah, aged 54 years, Occ; Business, R/o. Pinnaboinavari palem, Bapatia, Bapatia District (Guntur District). 7. Burla Venkata Kumari, W/o. Thirupathaiah, aged 50 years, Occ: Business, R/o. Pinnaboinavari palem, Bapatia, Bapatia District (Guntur District). 8. Atina Venkayamma, W/o. Musalaiah, aged 58 years, R/o. Pinnaboinavari palem, Bapatia, Bapatia District (Guntur District). ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of Mandamus directing the 4th Respondent to consider the Representation dt. 27-10-2021, which is seeking to restore the possession of assigned agricultural lands to the petitioners by evicting unofficial Respondents, in agricultural land Survey Nos. 133/1 to 133/6 total admeasuring Ac.2-96 cents situated at in Adivi (v), Bapatia (M) and District in pursuance of the Endorsement vide Ldis. 4322/2008/E4 dt. 15/11/2008 and the A.P. Assigned Lands (Prohibition of Transfers) AcL 1977 by declaring official Respondents arbitrary action is being illegal and violation of Articles 14, 21 and 300-A of the Constitution of India. lA NO: 1 OF 2022 one Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, \hi High Court may be pleased to direct the 4th Respondent to consider the representation dt. 27-10-2021 which is seeking to implement the orders of the 2nd Respondent in favour of the petitioners in pursuance of the Endorsement vide Ldis. 4322/2008/E4 dt. 15/11/2008 and the A.P. •Assigned Lands (Prohibition of Transfers) Act, 1977pending disposal of the above W.P. in the interest of justice. Counsel for the Petitioners: SRI RAMANA ALLU Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI E VV S RAVI KUMAR Counsel for the Respondent Nos, 6 to 8: SMT. V HIMABINDU The Court made the following: ORDER % APHC010375262022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 24519/2022 [3505] Between: Chowta Jayamma @ Vallagi Jayapradha and ...PETITIONERtS) Others AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.RAMANA ALLU Counsel for the Respondent(S): 1.VHIMABINDU 2.GP FOR REVENUE 3.VVN NARASIMHAM ...RESPONDENT(S) The Court made the following order: The present writ petition is filed questioning the inaction of the 4*'' respondent in considering the representation dated 27.10.2021, seeking to restore the possession over lands situated in Sy.Nos.133/1 to 133/6, admeasuring to an extent of Ac.0.49 cents, 0.51 cents, 0.58 cents, 0.46 cents, 0.46 cents and 0.46 cents in Adivi Village, Bapatia Mandal, by evicting the respondent Nos.5 to 8 from the subject lands. 2. It is the case of the petitioners that they were granted DKT pattas on 24.07.1986, in respect of the subject lands. It further contended that they have been in peaceful possession and enjoyment of the said lands since the date of grant. It is further case of the petitioners that, the respondent Nos.5 to 8, in collusion with 4*^ respondent, who supported them to dig fish ponds in the lands assigned to the petitioners. Having come to know about the said fact, the petitioners made a representation to the 2^^^^ respondent. In pursuance of the said representation, the 2"^^ respondent issued endorsement dated 15.11.2008, directing the authorities concerned to take necessary action in the matter. 3 3. It is further contended by the petitioners that they filed suit in OS.No. 115 of 2011, on the file of the Senior Civil Judge Bapatia, seeking declaration of title and restoration of possession against unofficial respondent Nos.5 to 8, and the same is pending adjudication. 4. Perused the record. It is clear that there is no allegation made against the official respondents that they are trying to interfere with the 5. possession of the petitioners in any manner and it is clear case of the petitioners that, the unofficiaP respondent Nos.5 to 8, who forcibly occupied the petitioners land during the year 2008, thereby, the petitioners filed civil suit in OS.No.115 of 2011, on the file of the Senior Civil Judge, Bapatia, seeking to declare them as owners of the subject lands and for recovery of possession. On perusal of the record, it is clear that, the petitioners having approached the civil court for declaration of title and 6. recovery of possession against respondent Nos.5 to 8, cannot maintain the present writ petition. Further, on a reading of the affidavit filed in support of the writ petition it is succinctly clear r that, nothing is placed on record to show that, the respondent Nos.1 to 4 tried to interfere with the possession of the petitioners. Further, it is also clear that, the petitioners are not in possession of the subject lands since 2011 and the same is evident on perusal of the averments made in the affidavit. Further, nothing is attributed against the official respondents except stating that, the then Tahsildar colluded with unofficial respondent Nos.5 to 8 and supported them to dig fish ponds. This Court cannot entertain the present writ petition especially based on a passing remark made by the petitioners in the affidavit filed in support of the writ petition. 7. In view of the above observations, there are no merits in the writ petition, accordingly, the same is dismissed. However, it is open to the petitioners to agitate their rights against the respondent Nos.5 to 8 in pending suit. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT REGISTRAR ^ t //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Ramana Allu, Advocate [OPUC] 2. One CC to Sri E VV S Ravi Kumar, Advocate [OPUC] 3. One CC to Smt. V Himabindu, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF f HIGH COURT DATED:04/03/2025 ORDER WP.No.24519 of 2022 X 2 1 MAR 2025 a . Curreni beciion ^ DISMISSING THE W.P., WITHOUT COSTS