APHC010435632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 22525/2024 Between: Yanamadri Kumari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER:- This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for 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 2 and 5 interfering into the petitioners peaceful possession and enjoyment of the land for an extent of Ac.0.38 cents in T.S.No.1/3(R.S.No.143/3) of Chirala Municipality Limits of Perala Revenue Village in Chirala Town and Mandal of Bapatia District as illegal irregular irrational without any authority of law Articles 14, 21 and 300-A of Constitution of India and consequently to direct the respondents 2 and 5 not to interfere in any manner with the petitioner peaceful possession and enjoyment of the land for an extent of Ac.0.38 cents in T.S.No 1/3(R.S.No.143/3) of Chirala Municipality Limits of Perala Revenue Village in Chirala Town and Mandal of Bapatia District…” 2. The case of the petitioner is that she is the absolute owner, possessor and enjoyer of the land to an extent of Ac.0.38 cents in T.S.No.1/3(R.S.No.143/3) of Chirala Municipality Limits of Perala Revenue Village in Chirala Town and Mandal of Bapatla District. The petitioner was granted D-form patta by the 4th respondent on 30.11.2017 in F.Dis.No.1116/2017 for the said extent of land and since then she has been in possession of the said property by carrying agricultural operations. While the matter being so, the respondent Nos.2 and 5 have tried to interfere with the petitioner’s land without even issuing any notice and following due process. 3. The 4th respondent has filed a detailed counter duly stating that the D- form patta granted in favour of the petitioner by the then Tahsildar, Chirala is to be treated as a fabricated one, in view of the fact that, the Tahsildar is not competent to issue D-form patta for the land included in Municipality Residential Area. As such the Town Survey was conducted and a new Town Survey Number was issued to the land for agriculture purpose mentioning the Town Survey number on the D-form patta. Hence, the D-form patta filed by the petitioner is not genuine and it is a fake and fabricated one. 4. The petitioner has filed the present petition on the strength of D-Form patta issued by respondent No.4 on 30.11.2017 in F.Dis.No.1116/2017 for an extent of Ac.0.38 cents in T.S.No.1/3 (R.S.No.143/3) of Chirala Municipality Limits of Perala Revenue Village in Chirala Town and Mandal of Bapatla District. If at all, it is the case of respondent No.4 that Patta granted in favour of the petitioner is a fabricated one, it is for the Revenue department to initiate appropriate action for cancellation of said D-Form patta, till such time, the petitioner cannot be dispossessed from the subject land. 5. In view of the same, the writ petition is disposed of directing the respondents herein not to interfere with the petitioner’s possession and enjoyment of the schedule property, without following due process of law. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 29.01.2025 JLV 159 HON’BLE SMT. JUSTICE V.SUJATHA W.P.No.22525 of 2024 Dt.29.01.2025 JLV