APHC010467312022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 28365/2022 Between: 1. C ARUNA, W/O. C.MOHAN REDDY, AGED ABOUT 36 YEARS, OCC. CULTIVATION, R/O. PILLARI KUPPAM (CHIRA INDLU), GUDIPALA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, A.P.,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT), 3. THE TAHSILDAR, GUDIPALA MANDAL, CHITTOOR DISTRICT. 4. V VISWANADHA REDDY, S/O. V.M.KRISHNA REDDY, AGED ABOUT 55 YEARS, OCC. CULTIVATION, RIO. PILLARI KUPPAM (CHIRA INDLU), GUDIPALAL MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. S V MUNI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. HARINATH REDDY SOMA 2 HBKM,J W.P.No.28365 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 3 and the learned counsel appearing for the 4th respondent. 2. This writ petition was filed questioning the endorsement of the 3rd respondent dated 08.07.2022 on the approach of the 4th respondent it appears. 3. The impugned endorsement of the 3rd respondent dated 08.07.2022 says that the wife of the 4th respondent filed the Civil Suit in O.S.No.415 of 2014 on the file of District Civil Court with respect to the approach way to their house with reference to that subject, Village Revenue Officer and Mandal Surveyor visited the site in Sy.No.91 and found that Ac.0.36 cents in the said survey number to the east of Sy.No.179 shows Gramkantam land and in the Sy.No.91 towards the north 15 feet width and 75 feet length shows the cart track and accordingly informing the same, this endorsement is issued. 4. The learned counsel for the petitioner submits that the 3rd respondent ought not have issued the impugned endorsement, since the 4th respondent and the other filed the O.S.No.415 of 2014 on the file of I Additional Junior Civil judge, Chittoor against the petitioner and two others seeking grant of permanent injunction with respect to the subject cart track shown as suit 3 HBKM,J W.P.No.28365 of 2022 schedule property and the same was dismissed vide its judgment dated 22.04.2022. Aggrieved by the same, the 4th defendant and others preferred an appeal in A.S.No.57 of 2024 on the file of VIII Additional District Judge, Chittoor and the same is pending. The impugned endorsement does not say anything about the rights of the parties with respect to the usage of the subject cart track. 5. The 3rd respondent also filed counter affidavit and the same is adopted by the counsel for the 4th respondent. 6. According to the counter of the 3rd respondent as stated supra, the 4th respondent and others filed the above said suit, which was dismissed and the above said appeal is pending for consideration. But there is a pathway in Sy.No.91 of Papasamudram Village, Gudipala Mandal and as per 10 (1) Adangal, RSR, it was classified as G.D which is being used by all the villagers. The schedule land is an existing pathway recorded as “bandidhari” as per the old adangal and the pathway is used by all the villagers. 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is open for the petitioner and the 4th respondent to work out their remedies in the above said appeal and as well as by filing any other Civil proceedings to make any claim over the cart track/suit schedule property, if they are otherwise entitled to for the same on a legal advise. But since it is a cart track unless and until, the individual rights are declared with reference to the same neither the petitioner nor the 4th 4 HBKM,J W.P.No.28365 of 2022 respondent shall try to use it exclusively preventing others in the absence of any orders passed by the competent Civil Court for the said purpose. At the same time, the respondent Nos.2 and 3 are directed to deal with the subject property/the cart track, strictly in accordance with law only, by taking into consideration the orders if any passed by the Civil Court appropriately at appropriate stage. Enabling the petitioner and the official respondents to deal with the subject property only in accordance with law, this writ petition is disposed of, by setting aside the endorsement issued by the 3rd respondent dated 08.07.2022. 8. The mere setting aside of the impugned endorsement does not confer any right on the petitioner to claim any exclusive right over the cart track under the guise of this orders passed in this writ petition, unless and until the rights are declared by the competent Civil Court with respect to the title and possession of the same and usage of the same and in the absence of declaratory rights by the competent Civil Court, no party can claim any exclusive right for usage and benefit of the subject cart track. Accordingly, it is made further clear that if any party tries to take undue advantage of the situation, it is always open for the official respondents to take appropriate action in accordance with law to maintain peace, order and tranquility at the subject cart track. 9. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 5 HBKM,J W.P.No.28365 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 01.09.2025 PGT