IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FIRST DAY o TWO THOUSAND AND TWENTY PRESENT THE honourable SRI JUSTICE OF MARCH FIVE ninala jayasury WRIT PETITION NQ: 1953.? of on>|Q Between: feiSS: « ...PETITIONER AND 2. The District Coliector, Y.S.R.Kadapa District. 3. The Revenue Divisional Officer, 4. The Tahasildar, Badvel Mandal Rajampet, Y.S.R.Kadapa District. Y.S.R.Kadapa District ...RESPONDENTS Petition under Article 226 ,h„ ■ Constitution of India praying that in the arcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more nature of Writ of Mandamus declaring in attempting to dispossess the forcible possession of the particularly one in the the action of the Respondents herein petitioner herein and attempted to take extent of Ar n 7n . high handedly situated in an Badv , M ? ^-'hapali Village Mandal, Kadapa District, without issuing any notice and without any authority as illegal, arbitrary, unjust, guaranteed under the Constitution conducting any enquir and without against to the fundamental rights of India particularly Art.3)0A, apart from violation of principles of natural justice and to consequently direct the respondents not to interfere with the petitioner's property situated in an extent of Ac.0.70 cents in Survey No.662/1 situated at Gunthapalli Village Badvel Mandal, Kadapa District, j;,without following due process of law. ^ OF 2019 A* 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 respondents not to interfere with the petitioner's property situated in an extent of Ac.0.70 cents in Survey No.662/1 situated at Gunthapalli Village Badvel Mandal, Kadapa District, pending disposal of the above writ petition and to pass lA NO: 1 OF 2024 Between: Shaik Mahabuba Unnissa, W/o.Khader Saheb, Major, R/o.D.No.26/104,Vasanthapet, Prodduturu Mandal, Kadapa District. ...PETITIONER/RESPONDENT No.5 AND 1. Mirram Chinnakka, W/o.Markandrayauydu, age 48 years, Occ; House wife R/o. Yadava Nagar, Gunthapalli Village, Badvel Mandal, Kadapa District. ...RESPONDENT/WRIT PETITIONER The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Y.S.R.Kadapa District. The Revenue Divisional Officer, Rajampet, Y.S.R.Kadapa District. The Tahasildar, Badvel Mandal, Y.S.R.Kadapa District. ...RESPONDENTS/RESPONDENTS 1 to 4 2. 3. 4. 5. 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 vacate the interim order dated; 04.12.2019 in lA.No. 1 of 2019 in WP.No. 19533 of 2019 in the interests of justice. IA NO: 1 OF 2025 Between: The Tahasildar. Badvel Mandal, Y.S.R.Kadapa District. ...PETITIONER/RESPONDENT AND Mirram Chinnakka, W/o.Markandrayauydu, age 48 years, Occ: House wife, R/o. Yadava Nagar, Gunthapalli Village, Badvel Mandal, Kadapa District. 1. ...RESPONDENT/PETITIONER The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Y.S.R.Kadapa District. The Revenue Divisional Officer, Rajampet, Y.S.R.Kadapa District. Shaik Mahabuba Unnissa, W/o.Khader Saheb, Major, R/o.D.No.26/104,Vasanthapet, Prodduturu Mandal, Kadapa District. ...RESPONDENTS/RESPONDENTS (R2 to R5 are not necessary parties In this petition) 2. 3. 4. 5. 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 vacate the interim order dated 14.12.2019 in WP.No.19533 of 2019 and dismiss the Writ Petition. Counsel for the Petitioner : SRI M. SIVA KUMAR Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nb.5 : SRI M.SRI ATCHYUT The Court made the following: ORDER APHC010277882017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.19533 of 2019 Between: Mirram Chinnakka ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: TMr.M.SIVA KUMAR Counsel for the Respondent(S): I.G.P. FOR REVENUE 2.MR.M.SRIATCHUT 2 The Court made the following: ORDER: This Writ Petition is filed seeking the following relief: “....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in attempting to dispossess the petitioner herein and attempted to take forcible possession of the petitioner’s land highhandedly situated in an extent of Ac.0-70 cents in Survey No.662/1 situated at Gunthapalli Village, Badvel Mandal, Kadapa District, without issuing any notice and without conducting any enquiry and without any authority as illegal, arbitrary, unjust, against to the fundamental rights guaranteed under the Constitution of India, particularly Article 300A, apart from violation of principles of natural justice and to consequently direct the respondents nto to interfere with the petitioner’s property situated in an extent of Ac.0- 70 cents in Survey No.662/1 situated at Gunthapalli Village, Badvel Mandal, Kadapa District, without following due process of law and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2) Heard Mr.M. Siva Kumar, learned counsel for the petitioner. Also heard the learned Assistant Government Pleader for Revenue representing the official respondents and M.Sri Atchyut, learned counsel for the 5“^ respondent. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the property of an extent of Ac.0-70 cents situated in Sy.No.662/1 of Gunthapalli Village, Badvel Mandal, Kadapa District and the same was assigned by the 4*^ respondent vide DKT No. 139/1413, dated 20.09.2004. Since then, the petitioner is in peaceful possession and enjoyment of the same. He submits that originally an 3) 3 extent of Ac.2-00 cents in Yellampeta Village, K.G.Pally, Siddaout Taluk Kadapa District, of the petitioner’ father-in-law was acquired for the purpose of Somasila Project and in lieu of the same, the revenue authorities have assigned the subject matter land to the petitioner. He submits that the pattadar passbook and title deeds in respect of the land in question was issued to the petitioner and the petitioner’s name was mutated in the revenue records viz., 1B Register, Adangal etc. 4) While so, the learned counsel for the petitioner submits that to the petitioner’s utter surprise, the 4‘'' respondent issued a notice dated 27.06.2016, wherein it was stated that the respondent gave a complaint that the subject matter land is her ancestral land, that the revenue authorities changed the classification of the land as Government land and assigned DKT pattas, and she requested to reassign the same to her. He submits that on receipt of the said notice, the petitioner submitted her explanation along with the relevant documents and thereafter the respondent had dropped the further action. However, on 27.11.2019, the 4^^ respondent along with his staff made an attempt to disposes the petitioner forcibly from the subject matter land without issuing any notice, much less by affording adequate opportunity to the petitioner to put forth her case and as the respondent authorities are resorting to highhanded action of forcible dispossession of the petitioner. he submits that the present Writ Petition is filed. Referring to the 4 averments made in the counter affidavit filed on behalf of the respondent, more particularly with reference to the assignment of the subject matter land to the petitioner in view of the acquisition of the land of the petitioner’s father-in-law for Somasila Project and the issuance of pattadar passbook / title deed to the petitioner and mutation of her name in the revenue records, learned counsel would contend that in view of the same, the action on the part of the 4^^ respondent without following due process of law is not sustainable and accordingly, prays for allowing the Writ Petition. 5) On the other hand, learned Assistant Government Pleader and the learned counsel for the unofficial respondent made submissions with reference to the averments made in the counter affidavit. 6) Considered the submissions made and perused the material on record. th 7) As seen from the averments made in the counter affidavit of the 4 th respondent, it would appear that in view of the claim made by the 5 respondent with reference to the subject matter land, admittedly, a notice dated 27.06.2016 was issued calling upon the petitioner to attend the office of the 4*^ respondent along with the documents on 02.07.2016. Thereafter, neither further action was taken with reference to the said notice nor was any order appears to have been passed. The counter affidavit is silent in this regard. Be that as it may. A reading of the 5 averments in the counter affidavit would go to show that the assignment of the subject matter land in favour of the petitioner and her possession over the same are not in dispute. Whereas, the 5*^ respondent while denying the averments made in the affidavit filed in support of the writ petition, filed a counter affidavit 8) stating as if she came to know about the filing of the present Writ Petition only when W.P.No.5518 of 2023 was filed by her. The said statement cannot be readily accepted as the present Writ Petition was filed in 2019 and an interim order was granted on 04.12.2019 directing to maintain status quo during the pendency of the Writ Petition. A copy of the said th interim order would have been undoubtedly received by the 5 respondent as it was dispatched through Registered Post by RPAD by the High Court Registry on 13.12.2019. Yet another aspect, which may be worth mentioning at this juncture is filing of W.P.No.5518 of 2023 by the 5*^ respondent with reference to the inaction on the part of the Tahsildar in taking action on the 2"'' respondent’s communication dated 18.06.2022 to enter the 5*^ respondent’s name in the web land portal in respect of the subject matter extent of Ac.0-70 cents of sy.No.662/1, Gunthapalli Village, Badvel Mandal, YSR Kadapa District, communication dated 18.06.2022 filed along with the respondent’s counter affidavit would reveal that the DKT patta was granted to the Writ Petitioner herein i.e., M.Chinnakka and in view of the 5^^ respondent’s A perusal of the said 6 request to enter her name in web land portal in respect of the land of an extent of Ac.0-70 cents in Sy.No.662/1, the District Collector directed the 4*^ respondent/Tahsildar to enquire into the matter as per rules. It is discernable from the orders passed in W.P.No.5518 of 2023 that the writ petitioner herein has not been made a party in W.P.No.5518 of 2023. Therefore, there is no occasion for her to bring it to the notice of the Court about the present Writ Petition and interim orders dated04.12.2019.Be that as it may. 9) As seen from the order In W.P.No.5518 of 2023, dated 08.05.2023 it is apparent that the learned Judge had merely disposed of the Writ Petition with a direction to the Tahsildar to enquire into the matter pursuant to the proceedings of the 2"*^ respondent dated 18.06.2022 and take appropriate decision after hearing of the parties concerned, including the writ petitioner therein and other claimants and upon verification of the records and the subject matter land. 10) In view of the said order dated 08.05.2023 and appreciating the contention of the writ petitioner that the action of the official respondents in trying to dispossess the petitioner without issuing any notice is contrary to law, this Court is inclined to dispose of the writ petition with a direction to the 4*^ respondent to issue appropriate notice to the petitioner herein respondent and thereafter pass appropriate orders in th and the 5 accordance with law, by affording due opportunity of hearing to the parties 7 as expeditiously possible, within a period of three (03) months from the date of receipt of a copy of this order. 11) Pending passing of orders as indicated above, the interim orders granted by this Court on 04.12.2019 shall remain in force. 12) With the above directions, the Writ Petition is disposed of. No costs. 13) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// H OFFICER S To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Y.S.R.Kadapa District. 3. The Revenue Divisional Officer, Rajampet, Y.S.R.Kadapa District. 4. The Tahasildar, Badvel Mandal, Y.S.R.Kadapa District. 5. One CC to Sri M. Siva Kumar, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri M. Sri Atchyut, Advocate (OPUC) 8. Three C.D. Copies. Cnr HIGH COURT DATED:21/03/2025 ORDER WP.No.19533of 2019 t? 5 04 APR 2025 m Ca ^ . Current sieciion . DISPOSING OF THE W.P. WITHOUT COSTS