APHC010402252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ¥ TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR . - WRIT PETITION NO: 24990 OF 2022 Between: Idamakanti Peddireddy, S/o Brahma Reddy, aged 86 5-78, Thullur, Thullur Mandalam, Prakasam district AP years, cultivation, R/o. ...Petitioner AND 1. The State of Andhra Pradesh rep by its Prinicipal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi 2. The District Collector, Prakasam District, AP 3. The Revenue Divisional Officer, Thullur Mandalam,Prakasam district,AP 4. The Thahasildar, Thullur Mandalam, Prakasam .AP District, AP 5. The Village revenue Offler, Thulluru Village, Prakasam 6. Ummalasetti Hanumantha Rao District. S/o Subba rao, aged 58 culivtion, R/o Valluru Village, Ongole mandalam, Prakasam 7. Anuparthi Sujnananamm, W/o Prabhudasu years. district aged 45 years, R/o - District,AP aged 39 years, cultiviation, Praksam District, AP Madigapalli, Thalluru, Thalluru Mandalam, Praksam 8. Bantupalli Sethamma, W/o Jeevarathnam, R/o Madigapalli, Thalluru, Thalluru Mandalam, 9. Auparthi Subba Rao, S/o Moshe, Madigapalli, Thalluru, Thalluru Mandalam, Praksam aged 43 yeras. Cultivation, R/o District, AP ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue writ or order the High Court may be or direction more particularity in the nature of Mandamus by declaring the action of the respondents in allotting the Freedom Fighter the father to an extent of Ac.04- petitioner is in possession and Fighters land issued to Idamakanti Brahma Reddy Freedom of the petitioner situated in Survey No 365/2A,5,6,19,20 12 Cents to the respondents 5 to 8 while the enjoyment of the property since decades without considering the representation dated 21-10-2021 to the 2nd respondent is illegal, arbitrary, violation of Art 21 and 300A of constitution of India and consequently to direct the respondents to cancel the petitioners (Freedom Fighters) land assigned to the respondents 5 to 8 and further to direct the respondents to enter the name of the petitioner in Online Revenue records lA NO: 1 OF 202? 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 Pending disposal of the writ petition to direct the 4th respondent not to entertain any application from the respondents 5 to 8 for the Survey No 365/2A, 5, 6, 19, 20 to mutation pertains to an extent of Ac.04-12 Cents. Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent Nos. 1 to 5: GP FOR Counsel for the Respondent Nos. 6 to 9: The Court made the following order: REVENUE APHC010402252022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 24990/2022 Between; 1.IDAMAKANTI PEDDIREDDY,, S/0 BRAHMA REDDY,AGED 5-78,THULLUR,THUILUR 86 YEARS,CULTIVATION,R/0 MANDALAM,PRAKASAM DISTRICT,AP ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY REVENUE PRINICIPAL DEPARTMENT,SECRETARIAT BUILDINGS,VELAGAPUDI,AMARAVATHI,AP 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT,AP 3.THE REVENUE DIVISIONAL OFFICER, THULLUR MANDALAM,PRAKASAM DISTRICT,AP 4.THE THAHASILDAR, THULLUR MANDALAM,PRAKASAM DISTRICT,AP 5.THE VILLAGE REVENUE OFFIER, THULLURU VILLAGE,PRAKASAM DISTRICT 6.UMMALASETTI HANUMANTHA RAO, S/0 SUBBA RAO,AGED 58 YEARS,CULIVTION,R/0 VALLURU m 2 TCDSJ W.P.No.24990of2022 VILLAGE,ONGOLE MANDALAM.PRAKASAM DISTRICT 7.ANUPARTHI SUJNANANAMM, W/0 PRABHUDASU.AGED 45 YERS,R/0 MADIGAPALLI,THALLURU,THALLURU MANDALAM.PRAKSAM DISTRICT,AP 8.BANTUPALLI SETHAMMA, W/0 JEEVARATHNAM AGED 39 YEARS,CULTIVIATION,R/0 MADIGAPALLI,THALIURU,THALLURU MANDALAM.PRAKSAM DISTRICT.AP 9.AUPARTHI SUBBA RAO, S/0 MOSHE.AGED 43 YERAS CULTIVATION,R/0 MANDALAM.PRAKSAM DISTRICT AP MADIGAPALLI.THALLURU.THALLURU ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased To issue writ or order or direction more particularity in the nature of Madamus by declaring the action of the respondents in allotting the Freedom Fighters land issued to Idamakanti Brahma Reddy FreedomFighter the father of the petitioner situated in Survey No 365/2A,5,6,19,20 to an extent of Ac.04-12Cents to the respondents 5 to 8 while the petitioner is in possession and en.oyment of the property since decades without considering the representation dated 21-10-2021 respondent is illegal.arbitrary.violation of Art 21 and 300A of constitution of India and consequently to direct the respondents to cancel the petitioners(Freedom Fighters) land assigned to the respondents 5 to 8 and further to direct the respondents to enter the name of the petitioner in Online Revenue records and lA NO: 1 OF 2022 Petition under Article 226 of the Constitution of India to the 2nd pass 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 Pending disposal of the writ petition to direct the 4th respondent not to entertain any application from the respondents 5 to 8 for mutation pertains to the Survey No 3 TCDSJ W.P.No.24990of2022 365/2A,5,6,19,20 to an extent of Ac04- 12Cents and to pass such other order or orders as deems fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass lA NO: 1 OF 2024 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant leave to respondent No.4 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner; praying that in the 1.SRINIVASULU P Counsel for the Respondent(S); 1. GP FOR REVENUE 4 TCDS.J W.P.No.24990of2022 9 The Court made the following order; The petitioner claims that his father was assigned land admeasuring an extent of Ac.4-12 cents in Sy.Nos.365/2A of Thallur Village and Mandal, Prakasam District under the political Sufferers quota. It is further case of the petitioner that since the date of grant, his father was in peaceful possession and enjoyment of the said land without any interruption. The petitioner would further claim that subsequent to demise of his father, he came into possession of the land in dispute. It is further case of the petitioner that, while so, the respondent assigned land admeasuring an extent of Ac. 1-62 cents out of total extent of Ac.4-12 cents claimed by the petitioner in favour of unofficial respondents without issuing notice to him and following the procedure contemplated under law. Questioning the said action, the petitioner claims that he made a representation dated 21.10.2021 to the 2'"'^ respondent with a request to cancel the assignment made in favour of unofficial respondents. When there was no action, the present writ petition came to be filed. On the other hand, the 4‘^ respondent filed a counter 2. affidavit stating that the total extent of Sy.No.365/2 is Ac.26-40 cents which is classified as ‘Gayalu’ (Assessed Waste) as per the F.L.R. of Thallur Village. Subsequently, the said survey number got sub- 1 5 T€DS,J W.P.No.24ggO of 2022 divided into 365/2A, 365/2B, 365/3 to 365/20. it is further stated that land admeasuring an extent of Ac.2-50 cents in Sy.No.365/2A was assigned in favour of one Sri Immdisetty Hanumantha Rao under Ex-Servicemen quota, and the remaining land admeasuring an extent of Ac.1.62 cents was assigned in favour of unofficial respondents. The counter further reads that no DKT patta was issued to the father of the petitioner under the Freedom Fighters Quota, as claimed by him. It is further stated in the counter affidavit that, as per the report dated 04.01.2022 given by the Village Revenue Officer, Thallur, the petitioner is in possession of an extent of Ac.0-84 cents in Sy.No.365/5, Ac.1-40 cents in Sy.No.365/6, Ac.0-83 cents in Sy.No.365/19 and an extent of Ac.0-84 cents in Sy.No.365/20 without having any right over the same. It is further averred in the counter affidavit that the names of unofficial respondents No.6 to 9 are recorded in the Webland. It is further stated that, after following the procedure contemplated under law, the assignments were issued in favour of unofficial respondents. Therefore, the question of cancelling their assignments does not arise. With the above pleadings, the respondent authorities prayed to dismiss the petition. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for respondents No.1 6 TCDS.J W.P.NO.24990 of 2022 ¥ to 5. Despite service of notice, none appeared for respondents No.6 to 9. Perused the material on record. The petitioner claims that his father, Sri Brahma Reddy, assigned land admeasuring an extent of Ac.4-12 cents under the Political Sufferers quota. However, in support of his claim, the petitioner has not filed any documentary proof evidencing the same including the alleged patta granted in favour of his father. Apart from the petitioner also did not file any document to show that he is in possession of the land in dispute. 4. was the same. 5. On the contrary, the respondent authorities categorically stated that the subject land was assigned in favour of unofficial respondents to an extent of Ac.1-62 cents, and the remaining extent assigned in favour of one Immdisetty Hanumantha Rao under Ex-Servicemen quota. To substantiate the he has not filed any document and in the Ac.2-50 cents was claim of the petitioner absence of same, the contention of the petitioner cannot be believed. During the course of hearing, learned counsel for the petitioner would submit that he made a representation dated respondent and the same is pending would further submit that, pursuant to the 6. th 21.10.2021 to the 4 consideration. He ILU:>,J W.P.No.24990of2Q22 representation, a report was called for from the Village Revenue Officer, and accordingly, he submitted a report dated 04.01.2022 stating that the petitioner is in possession of the subject land. Having regard to the submission made by both the counsel, this Court is not inclined into the merits of the matter. In 7. view of the fact that the petitioner’s representation dated 21.10.2021 is pending consideration before the 4*^ respondent, the present Writ Petition is disposed of directing the 4‘^ respondent to consider the same and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order. It is further directed that before taking any action in the matter, the 4*^ respondent shall issue notice to all the concerned, including the respondents No.6 ■ V ■> 1 to 9. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- SHAIK IVIOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// section officer To 1. The Prinicipal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, AP 2. The District Collector, Prakasam District, AP. 3. The Revenue Divisional Officer, Thullur Mandalam, 4. The Thahasildar, Thullur Mandalam, Prakasam 5. The Village revenue Offier, Thulluru Village, Prakasam 6. One CC to Sri Srinivasulu P, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra 8. Two CD Copies Prakasam District. District, AP district Pradesh [OUT] TF HIGH COURT DATED:08/07/2025 ORDER WP NO. 24990 OF 2022 4?/ t m %^ . Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS