APHC010011492022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1825/2022 Between: 1. MAARIGANIGUNTA FAKRUDDIN,, S/O M. BABA SAB, AGED 55 YEARS, R/O H.NO.3-220, MAIN ROAD, OBULADEVARACHERUVU POST AND MANDAL. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. DISTRICT COLLECTOR, ANNATHAPURAM. 3. THE COMMISSIONER OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI, ANDHRA PRADESH - 521456. 4. THE DISTRICT EDUCATIONAL OFFICER, ANANTHAPURAM. 5. THE HEAD MASTER, GOVERNMENT BOYS HIGH SCHOOL, KADIRI ANANTHAPURAM DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, KADIRI MANDAL, ANANTHAPURAM DISTRICT. 7. THE TAHSILDAR, KADIRI MANDAL, KADIRI, ANANTHAPURAM DISTRICT. ...RESPONDENT(S): 2 TCDS,J W.P.No.1825 of 2022 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 topleased, to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in stopping construction of the Petitioner in his own registered land to an extent of Ac.0-25 cents out of Ac.1-50 cents, which is out of Ac.3-00 cents in Sy.No.54-1 of Sydapuram Village by way of disturbing his possession highhandedly in order to tresspass the subject property as illegal, null, void and arbitrary 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 pleased to direct the Respondent No.5 and 7 not to disturb the possession of Writ Petitioner highhandedly by way of accumulating machinery into his land and that not to trespass into his Land to an extent of Ac.0-25 cents out of Ac.1-50 cents, which is out of Ac.3-00 cents in Sy.No.54-1 of Sydapuram Village, from the subject property, pending disposal of the present Writ Petition and to pass IA NO: 2 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 permit the petitioner to amend of the main & interim relief claimed in the WP No. 1825 of 2022 by substituting declaring the action of respondents in restricting and stopping petitioner's construction in his land to an extent of Ac. 0.07 cents out of Ac. 1.50 Cents. which is out of Ac. 3.00 cents in Sy.No.54-1 of Sydapuram Village by way of disturbing petitioner's possession highhandedly and not allowing him to enjoy the peaceful possession of his property as illegal and arbitrary and to pass Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SCHOOL EDUCATION The Court made the following: 3 TCDS,J W.P.No.1825 of 2022 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1825 of 2022 ORDER: The present writ petition is filed questioning the action of respondents in stopping the construction of the petitioner in his own registered land to an extent of Ac.0.25 cents out of total extent of Ac.3.00 cents in survey No.54-1 of Sydapuram Revenue Village, Kadiri Mandal, Ananthapur District. 2. It is the case of the petitioner that his ancestors have purchased the subject land by virtue of registered sale deed dated 18.02.1947 vide document No.479/1947. The petitioner claims that the said land is in peaceful possession and enjoyment of his ancestors and after their demise, the same is inherited by the petitioner. 3. It is the further case of the petitioner that the respondent Nos.5 and 7 started interfering with the possession of the petitioner without giving any notice by stating that, the subject land belongs to the 5th respondent. It is specifically pleaded in the affidavit that the subject land is private patta land belonging to the petitioner and the respondent Nos.5 and 7 have absolutely no right over the same. Despite the same, the respondent Nos.5 and 7 continued to interfere 4 TCDS,J W.P.No.1825 of 2022 with the possession of the petitioner on the ground that the subject land is being used as a play ground by the students of the 5th respondent’s school. Questioning the action of the respondent Nos.5 and 7, the present writ petition is filed. 4. On the other hand, the 5th respondent filed counter affidavit stating that the subject land is in exclusive possession and enjoyment of the 5th respondent’s school since times immemorial and the same is also within the knowledge of one and all including the petitioner. It is further stated that, the 5th respondent school perfected right and title over the property in dispute. 5. Heard the learned counsel for the petitioner and learned Government Pleaders for Education and Revenue. 6. Perused the material on record. It is not in dispute that the petitioner is the owner of the subject land admeasuring to an extent of Ac.0.25 cents in Survey No.54-1 of Sydapuram Revenue Village. To substantiate his claim, he has filed the copies of sale deeds along with the present writ petition. On perusal of the averments made in the counter affidavits, it is clear that the 5th respondent admitted in clear and unequivocal terms that the subject land belongs to the writ petitioner and they are making efforts to pursue the petitioner to donate the same to the school for the purpose of playground. From 5 TCDS,J W.P.No.1825 of 2022 the above, it is clear that the 5th respondent does not have any right over the subject land. Though the 5th respondent has stated in the counter affidavit that it has perfected title by adverse possession, in the absence of any order from the competent civil Court, the contention of the 5th respondent cannot be countenanced. 7. For the foregoing reasons, the present writ petition is allowed and the respondents are directed not to interfere with the possession of the petitioner over the lands in dispute. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 16.07.2025 sj 6 TCDS,J W.P.No.1825 of 2022 194 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1825 of 2022 Date: 16.07.2025 sj