APHC010387482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19609/2025 Between: 1. THE DIOCESE OF KURNOOL SOCIETY,, BISHOP BUNGALOW, B- CAMP, KURNOOL, REP. BY REV. FR. PAGIDELA CHINNAPU REDDY S/O. INNAYYA REDDY, AGED 51 YEARS. BISHOPS HOUSE, H.NO.87/760, TELECOM NAGAR, KURNOOL-518 002 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, COLLECTORATE, AT KURNOOL. 3. THE TAHSILDAR, KURNOOL RURAL MANDAL, AT KURNOOL, KURNOOL DISTRICT. 4. THE INSPECTOR OF POLICE / STATION HOUSE OFFICER, TANDRAPADU P.S., KURNOOL DISTRICT 5. DR S MOHAMMAD ALI, S/O. LATE S. AHMED HUSSAIN, AGED 76 YEARS, H.NO. 17-1-380/E, SHANTHINAGAR, HYDERABAD, TELANGANA ...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 SRS,J W.P.No.19609 of 2025 pleased topleased to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, declaring the high-handed action of the Respondents No. 3 and 4 in attempting to demolish the compound wall and the buildings, and in trying to dispossess the petitioner-Society from the land Sy.No.311A, admeasuring Ac.3-90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and trying to hand over the same to the 5th respondent without first ascertaining and determining the title and ownership of the 5th Respondent, as illegal, arbitrary, without authority of law, and violation of principles of natural justice, besides violation of Article 300-A of the Constitution of India, and consequently direct the Respondents No. 3 and 4 not to interfere with the peaceful possession and enjoyment of the petitioner- Society over the land in Sy.No.311A, admeasuring Ac.3-90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, and further direct not to recourse to demolish and dispossess the petitioner to help the 5th respondent without competency, and to pass 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 pleased to direct the Respondents No. 3 and 4 not to interfere with the peaceful possession and enjoyment of the petitioner-Society over the land in Sy.No.311A, admeasuring Ac.3-90 cents, situated at Pasupula Village and Grampanchayat, Kurnool Rural Mandal, Kurnool District, pending disposal of writ petition, in the interest of justice, and to pass Counsel for the Petitioner: 1. M RAMALINGESWARA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: SRS,J W.P.No.19609 of 2025 ::ORDER:: Heard Sri M. Ramalingeswara Reddy, learned counsel for the petitioner; Sri B.V. Satyanaryana, learned Assistant Government Pleader for Revenue, for respondents 1 to 3, and Sri Ajay, learned Assistant Government Pleader for Home, for respondent No.4. 2. Notice to respondent No.5 is dispensed with, since no adverse order affecting his right or interest is passed. 3. The grievance of the petitioner is that respondents 3 and 4 are trying to dispossess the petitioner from the land of an extent of Ac.3-90 cents in survey No. 311A, situated at Pasupula village and Gram Panchayat, Kurnool Rural Mandal, Kurnool District, without following the procedure, as illegal and arbitrary. 4. Learned counsel for the petitioner would submit that the petitioner society, purchased an extent of Ac.3-90 cents from the original owner under registered sale deeds bearing Nos.6124/94, 6125/1994, 6241/1994 and 6305/1994, dated 24.08.1994, 26.08.1994, 27.08.1994 and 30.08.1994, respectively and constructed a compound wall. Respondent No.5 purchased an extent of Ac.3-67 cents in the same survey No.311A, which was subdivided as 311/A2, from the petitioner’s vendor, in the year, 1981. Subsequently, in the year 2010, respondent No.5 sold an extent of Ac.3-10 cents to one P. Vengal Reddy, S/o Papi Reddy, who in turn developed the property into a layout. 5. Learned counsel for the petitioner would further submit that after lapse of thirty years, respondent No.5 made a complaint before respondent No.3- Tahsildar regarding occupation of his land to an extent of Ac.0-16 cents by the petitioner society, in pursuance of which respondent No.3 issued notice dated 20.02.2025 directing the petitioner as well as respondent No.5 to attend enquiry on 01.03.2025. Accordingly, the authorised representative of the SRS,J W.P.No.19609 of 2025 petitioner society attended the enquiry and made an application to conduct a survey. He would further submit that the Deputy Inspector of Survey surveyed on 17.05.2025. However, no survey report was furnished to the petitioner. 6. Be that as it may, without following the procedure, respondents 3 and 4 are trying to dispossess the petitioner of the subject land. 7. Learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home, on instructions, would submit that respondents 3 and 4 are not interfering with the subject property and their submission is recorded. 8. Given the submissions of learned Assistant Pleaders for respondents 3 and 4, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondents 3 and 4 not to interfere with the subject land without following due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 29.07.2025 ikn SRS,J W.P.No.19609 of 2025 186 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO:19609 of 2025 Date: 29.07.2025 IKN