APHC010401122022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 24831/2022 Between: 1. S VENKATASUBBAIAH, S/O CHENGAIAH, AGED ABOUT 85 YEARS, D.NO.8-512A, KRISHNAPURAM VILLAGE, RENIGUNTA MANDAL TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE MANDAL REVENUE OFFICER, RENIGUNTA MANDAL, CHITTOOR DISTRICT 3. THE CIRCLE INSPECTOR OF POLICE, RENIGUNTA PS, TIRUPATI DISTRICT 4. K THYAGARAJA, S/O LATE K.GURAVAIAH, AGED ABOUT 50 YEARS, R/O D.NO.8-524, KRISHNAPURAM VILLAGE, RENIGUNTA MANDAL, TIRUPATI 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 a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.2 and 3 herein interfered in his agricultural lands in an extent of Ac.3-55 cents ie.,S.No.260/15a Ac.0-20 cents, 260/15B Ac.0-19 cents, 260/15C Ac.0.09 cents, 267/1A Ac.0-59 cents, 267/1B Ac.O-59 cents, 267/1C Ac.0-58 cents, 267/1A Ac.0-20 cents, 267/2C Ac.0-20 cents, 269/4C Ac.0.03 cents, 269/5A Ac.0.07 cents, 269/5D Ac.0- 03 'A cents, 269/5B Ac.0.06 cents, 269/5C Ac.0-03 V2 cents, 270/2B Ac.0.07 cents and 270/3 Ac.0.41 cents and his bore well is located in Sy.No.267 situated at Krishnapuram village fields, Renigunta Mandal, Tirupati District at the instance of the 4th respondent herein who is nothing to do with his lands except 2 neighbor farmer without any cogent reasons or any notice to the petitioner as wholly arbitrary, illegal and without jurisdiction and void and violated the principles of natural justice and affected my rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently direct the respondent NO.2 and 3 herein not to interfere in his lands in an extent of Ac.3-55 cents in Sy.No.260/15a etc. including the submersible motor pumpset to the bore-well situated in Sy.No.267 situated at Krishnapuram village fields, Renigunta Mandal, Tirupati District at the instance of the 4th respondent who is nothing to do with his agricultural lands. IA NO: 1 OF 2022 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 respondent No.2 and 3 herein not to interfere in his agricultural lands in an extent of Ac.3- 55 cents ie.,S.No.260/15a Ac.0-20 cents, 260/15B Ac.0-19 cents, 260/15C Ac.0.09 cents, 267/1A Ac.0-59 cents, 267/1B Ac.0-59 cents, 267/1C Ac.0-58 cents, 267/1A Ac.0-20 cents, 267/2C Ac.0- 20 cents, 269/4C Ac.0.03 cents, 269/5A Ac.0.07 cents, 269/5D Ac.0-03 'A cents, 269/5B Ac.0.06 cents, 269/5C Ac.0-03 1/4 cents, 270/2B Ac.0.07 cents and 270/3 Ac.0.41 cents including the submersible motor pumpset to the petitioner's bore well is located in Sy.No.267 situated at Krishnapuram village fields, Renigunta Mandal, Tirupati District at the instance of the 4th respondent herein pending disposal of the writ petition. Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. SIVA RAMA KRISHNA KOLLURU The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 24831 OF 2022 ORDER: The present writ petition is filed questioning the action of the respondents 2 and 3 in trying to interfere with the land admeasuring an extent of Ac.3.55 cents i.e., Ac.0.20 cents in Survey No.260/15a; Ac.0.19 cents in Survey No.260/15B; Ac.0.09 cents in Survey No.260/15C; Ac.0.59 cents in Survey No.267/1A; Ac.0.59 cents in Survey No.267/1B; Ac.0.58 cents in Survey No.267/1C; Ac.0.20 cents in Survey No.267/1A; Ac.0.20 cents in Survey No.267/2C; Ac.0.03 cents in Survey No.269/4C; Ac.0.07 cents in Survey No.269/5A; Ac.0.03½ cents in Survey No.269/5D; Ac.0.06 cents in Survey No.269/5B; Ac.0.03½ cents in Survey No.269/5C; Ac.0.07 cents in Survey No.270/2B: Ac.0.41 cents in Survey No.270/3 and bore well located in Survey No.267 situated at Krishnapuram Village fields, Renigunta Mandal, Tirupati District at the instance of 4th respondent. 2. It is the case of the petitioner that he is absolute owner and possessor of land to an extent of Ac.3.55 cents in the above said survey numbers. The name of the petitioner was mutated in the revenue records and he was issued e-passbook in respect of the above land. It is further stated that he has obtained electricity service connection bearing No.SCNO.5535225000480 to the bore well dug by him in Survey No.267. 4 3. It is further case of the petitioner that the 4th respondent, who is adjacent owner, in order to grab the bore well of the petitioner existing in Survey No.267 influenced the respondents 2 and 3, who in turn threatened the petitioner stating that the said bore well was dug in the land belonging to the 4th respondent, questioning the action of the respondents 2 and 3 trying to interfere with the possession of the existing bore well in Survey No.267 of the Krishnapuram Village fields, the present writ petition is filed. 4. On the other hand, learned Government Pleader for Home appearing for 3rd respondent would submit that the 4th respondent filed a petition before the Superintendent of Police, Tirupathi in Spandana Programme vide I.D.No.TRPT/TPTU/110722/02147, dated 11.07.2022 and the said petition was forwarded to the 3rd respondent for taking necessary action in the matter as per law. After receipt of the said petition, the 3rd respondent called the petitioner and the 4th respondent for enquiry and after recording the statements of both parties, the 3rd respondent advised both the petitioner and the 4th respondent to approach the competent civil Court so as to settle their dispute inasmuch as the same is in civil nature. It is further submitted by the learned Government Pleader for 3rd respondent that except advice the petitioner and the 4th respondent, they did not interfere with the possession of the bore well or subject land as alleged by the petitioner. 5 5. Having considered the submission made by the learned counsel for the petitioner and the learned Government Pleader for respondents, this Court is of the opinion that the respondents did not interfere with the possession of the petitioner over the subject land or the bore well situated in Survey No.267 of Krishnapuram Village fields as alleged by the petitioner. Further, nothing is placed on record to show that the respondents are interfering with the possession of the petitioner over the subject land or bore well. Apart from the same, on perusal of the averments made in support of the affidavit, it is clear that the petitioner instead of agitating his rights against the 4th respondent, approached this Court by filing the present writ petition. The Constitutional Courts have time and again held that the writ petition is not maintainable to settle private disputes between the parties especially when the official respondents have absolutely no role in the matter. 6. In view of the above, the present Writ Petition is misconceived and accordingly, the same is dismissed. It is needless to mention that the petitioner is at liberty to take recourse to law against the 4th respondent, if he is so advised. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date : 09.07.2025 SPP 6 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO.24831 of 2022 Date : 09.07.2025 SPP