IN THE HIGH COURT OF ANDHRA PRADESH AMARAVA FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT APPEAL NO: 1083 OF 2024 Writ Appeal under clause 15 of the Letters Patent against the order dated 29.11.2024 in W.P No. 19643 of 2024 on the file of the High Court. Between: Smt. Jakka Vijaya Lakshmi, W/o. Srinivasa Rao Aged 54 years, Occ. House Wife, R/o. Bodduvaripalem Village, Mantripalem Gram Panchayat, Nagaram Mandal, Bapatia District ...AppellantAAfrit Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatia 3. The Revenue Divisional Officer, Repalle Revenue Division, Repalle, Bapatia District 4. The Tahsildar, Nagaram Mandal, Bapatia District 5. The Station House Officer, Nagaram Police Station, Nagaram Mandal, Bapatia District 6. The Mantripalem Gram Panchayat, Rep. by its Secretary, Nagaram Mandal, Bapatia District 7. Sabbineni Sankara Rao, S/o. Venkateswarlu, Aged 60 years, Occ. Cultivation R/o. Mantripalem Village, Nagaram Mandal, Bapatia District ...Respondents/Respondents lA NO: 1 OF 2024 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 suspend the Notice R.C.NO.230/2024/A dated 21.08.2024 of the 4th respondent pending disposal of the Writ Appeal Sbjd$iass* Counsel for the Petitioner: SRI K. RAMA KOTESWARA RAO_ Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE^ Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondent No.6:SRI M.SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.7: SRI MEKA RAHUL CHOWADY- The Court made the following: JUDGMENT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3493] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT APPEAL NO: 1083/2024 Between; Jakka Vijaya Lakshmi ...APPELLANT AND The State Of Andhra Pradesh and Others Counsel for the Appellant; 1 .K RAMA KOTESWARA RAO Counsel for the Respondent(S); 1.MEKA RAHUL CHOWDARY 2.GP FOR HOME 3.GP FOR REVENUE 4.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following Judgment; (perHon’ble Sri Justice R. Raghunandan Raoj ...RESPONDENT(S) The appellant herein is said to be the owner of Ac.2.77 1/8 cents of land, in Sy.No.640/1 & 641/1 of Mantripalem Village, Nagaram Mandal, Bapatia District. It appears that the Tahsildar, Nagram Mandal, on 21.08.2024, issued a notice requiring the appellant not to obstruct the ingress and egress of other farmers in the area, through the land of the appellant, in as much as the neighbouring farmers were passing through the land with their carts and 2. v 2 Other conveyances for transporting their agricultural produce, and that the appellant was obstructing the said ingress and egress. Aggrieved by the said notice, the appellant has approached this Court by way of W.P.No.19643 of 2024, a Learned Single Judge of this Court, had appointed an Advocate-Commissioner, to ascertain whether there was cart-track and whether the revenue records reveal the presence of any cart-track through the land of the appellant. The report of the Advocate- Commissioner stated that there was no mention of any cart-track in the records, but the neighbouring farmers appear to be going into the land of the appellant. On that basis, the Learned Single Judge by his Order, dated 29.11.2024, had dismissed the Writ Petition after observing that there is earmarked cart-track in the revenue records and that the neighbouring farmers, if they have any grievance, can approach the Civil Court for establishing their easementary right. 3. any revenue no Aggrieved by the said Order dated 29.11.2024, the appellant has approached this Court by way of the present Writ Appeal. 4. Sri K. Rama Koteswara Rao, learned counsel for the appellant would submit that the Order of the Learned Single Judge has to be set aside easementary rights has been recognized in the order and in any event the 5. as revenue authorities cannot be interfere in such disputes. Sri Mekka Rahul Chowdary, learned counsel appearing for the private respondents, has today, placed an Endorsement, dated 28.08.2024, 6. 3 In this issued by the Tahsildar, Nagaram Mandal, Bapatia District. Endorsement, the Tahsildar had noted that there has been no restriction on the neighbouring farmers in going through the land of the appellant, after the of notice, dated 22.08.2024 and consequently, the issue raised in the representation of the neighbouring farmers has been resolved. issuance In view of the aforesaid Endorsement, it is clear that the revenue authorities have not interfered with the entire dispute. 7. The view of the Learned Single Judge that it would be open to neighbouring farmers to demonstrate their easementary rights by approaching also cannot be interfered with as the said order is in 8. the Civil Court, accordance with law. In the circumstances, this Writ Appeal is disposed of with the observation that the revenue authorities shall not interfere in this issue and it would be open to the parties to approach the Civil Court in the event of any dispute. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand 9. closed. Sdl- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1, The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Veiagapudi, Amaravathi, Guntur District. • - District Collector, Bapatia District, Bapatia Divisional Officer, Repalle Revenue Division, Repalle,. 2. The 3. The Revenue Bapatia District 4. The Tahsildar, Nagaram Mandal, Bapatia District 5. The Station House Officer, Nagaram Police Station, Nagaram Mandal, Bapatia District 6. The Secretary, Mantripalem Gram Panchayat, Nagaram Mandal, Bapatia District 7. One CC to Sri K. Rama Koteswara Rao, Advocate [OPUC] 8. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panhayat[OPUC]' 9. One CC to Sri Meka Rahul Chowdary, Advocate[OPUC] ^ 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OLI'Q^ 11. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies. ssb tmar-j HIGH COURT DATED;03/01/2025 .1 ' * JAN 21® g Correnl Ssclion ^ 5 JUDGMENT WA.No.1083 of 2024 DISPOSING OF THE W.A. WITHOUT COSTS