::1:: APHC010006782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 542/2025 Between: 1. N BRIDHVI KUMAR, S/O. N. DAMODARAM, AGED 38 YEARS, OCC AGRICULTURIST R/O. D.NO.3-1-1,TP STREET. KARVETINAGARAM (M) CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NAGARI, CHITTOOR DISTRICT. 4. THE MANDAL REVENUE OFFICER, KARVETINAGARAM MANDAL CHITTOOR DISTRICT., 5. THE PANCHAYATH SECRETARY, KARVETINAGARAM, CHITTOOR DISTRICT ...RESPONDENT(S): ::2:: 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 or order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the respondents herein in interfering with the peaceful possession and enjoyment of the property and trying to cut the mango trees and making obstructions and hurdles to enter into my land in Sy. No. 824/1 to an extent of Ac. 3.00 situated at Karvetinagaram village and Mandal, Chittoor District as bad illegal and void and set aside the same and be leased and to pass Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 542 of 2025 This Court made the following ORDER: Heard learned counsel for the Petitioner and learned Government Pleader for Respndents and perused the material placed on record. 2. Learned counsel for the Petitioner submits that the petitioner herein is DKT patta holder to an extent of land Ac.3.00 cents in Sy.No.824/1 of Karvetinagaram, Chittoor District. After granting DKT patta the petitioner has been cultivating the subject land by growing Mango trees. The petitioner was also issued pattadar pass-books and Adangals and got 1B Register in his favour holding that the petitioner is pattadar and possessor of the subject land. He further submits that without adhering to the due process, the respondent Nos.4 and 5 are interfering with the peaceful possession of the petitioner’s subject land. 3. On the other hand, learned Standing Counsel furnished written instructions dated 29.03.2025 submitted by the 5th respondent, wherein it is stated as under: ::4:: “The office of the Grama Panchayat, Karvetinagaram has not disturbed the possession of the petitioner N. Bridvi Kumar, S/o N. Damodaram as stated and furthermore, the Secretary of the Grama Panchayat, Karvetinagaram has no relation to carry out any work/s in the Sy.No.824/1 to the extent of Ac.3.00 cents located in Karvetinagaram Gram Panchayat and Mandal, Chittoor District.” As stated above, the 5th respondent is not interfering with the peaceful possession and enjoyment of the subject land, which is a revenue land and Gram Panchayat is no way concern with the revenue land. The 4th respondent issued written instructions dated 10.01.2025 wherein it is stated as under: “As per No.4 DKT Register, Sy.No.65/7 is entered in the name of N. Bridvi Kumar, S/o N. Damodaram vide DKT No.58/4/1409, dt: 25.06.2000. But on verification of DKT files in the Record Room, it is revealed that DKT files are available up to serial number 55/4/1409 only, but DKT files are not available for the serial numbers 56, 57 and 58/4/1409. It is further submitted that, as per Fair Adangal, block Sy No.65 total extent Ac.730.55 cents of Karvetinagaram Revenue Village is classified as Konda Poramboke. On field verification, the writ petitioner is showing the land in block Sy No.65 as 824/1. He is showing the land adjacent to patta land in Sy.No.99/3. Mango trees existing in an extent of Ac.0.98 cents only and the remaining extent lying vacant.” 4. As per DKT Register the petitioner was issued DKT patta on 23.06.2000 in respect of the subject land in Sy.No.65/7 but as per the revenue records this patta was not found / not available. It is further explained that the land in Sy.No.65/7 was shown as 824/1 by the petitioner. It is further clarified that the subject land as of now is adjacent to the patta land in Sy.No.99/3 and mango ::5:: trees is in existence in an extent of Ac.0.98 cents only. However, for any eviction the 4th respondent will follow due process of law. 5. Considering the submissions of counsel for all parties, it is observed that as per DKT Register the petitioner was issued DKT patta in Sy.No.65/7 on 23.06.2000 but as per the claim of the petitioner, he is cultivating the subject land in Sy.No.824/1 but not in Sy.No.65/7. There is no specific contention of the petitioner that the Sy.No.65/7 was re-aligned or re-classified as Sy.No.824/1. The further claim of the petitioner that the respondents without following due process of law interfering with the peaceful possession and enjoyment of the property of the petitioner, is also not supported by any evidence. In view of written instructions submitted by the 5th respondent, in which it is categorically stated that the 5th respondent is not interfering with the peaceful possession and enjoyment of the petitioner’s subject property. But learned Government Pleader for the 4th respondent as contended the subject land is classified as “Konda Poramboke” and it is in Sy.No.65/7 but not in Sy.No.824/1. However, the 4th respondent will follow due process of law for eviction of the petitioner. ::6:: 6. Therefore, for the reasons stated above, the Writ Petition is disposed of directing the Respondents to follow due process of law, without adhering the same respondents shall not interfere with the peaceful possession and enjoyment of the petitioner’s subject property. 7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 12.08.2025 KRK ::7:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 99 WRIT PETITION NO: 542/2025 12.08.2025 krk