APHC010912812018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 44146/2018 Between: 1. SMT. N. NAGARATHNAMMA, W/O VENKATRATNAM AGED 65 YEARS OCC. HOUSE WIFE R/O H.NO.3/221 NEAR GEETHA MANDIR, 1-TOWN, KURNOOL, KURNOOL DISTRICT. 2. N. K.S. RAJASEKHAR, S/O VENKATRATNAM AGED 45 YEARS OCC. BUSINESS R/O H.NO.3/221 NEAR GEETHA MANDIR, 1-TOWN, KURNOOL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY , HOME DEPARTMENT, SECRETARIAT, AT AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KURNOOL. 3. THE DISTRICT COLLECTOR, KURNOOL. ...RESPONDENT(S): 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 to issue writ or direction preferably Writ of Mandamus declaring the action of the respondent nos.2 2 and 3 in considering the claim of the petitioner no.1 to re-convey the land admeasuring Ac.0-50 cents out of Ac.4-00 cents in Sy.No.23/B situated at Devanakonda (V and M) Kurnool District, despite repeated representations dts.02-09-2015, 07-09-2015, 14-09-2015, 16-5-2018 and legal notice dt.31-3-2016 and in pursuance of letter Dt.4-11-2011 addressed by the respondent no.2 to respondent no.3 as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to re-convey the subject land in favour of petitioner no.1 who is the owner of the said land and pass IA NO: 1 OF 2018 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 respondent no. 2 to take steps to re-deliver the subject land in favour of the petitioner no.1 admeasuring Ac.0-50 cents out of Ac.4-00 cents in Sy.No.23/B situated at Devanakonda (VandM) Kurnool District, in view of representations dts.2-9-2015, 07-09-2015, 14-9-2015, and 16-05-2018 submitted by the petitioners and also legal notice dt.31-03-2016 pending the disposal of Writ petition in the interest of justice. Counsel for the Petitioner(S): 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO:44146 of 2018 The Court made the following Order: Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioners and learned Additional Government Pleader representing the State. 2. The dispute in the Writ Petition relates to a land said to be gifted by the mother of the petitioners to the Police Department for construction of police quarters. 3. The contention of the petitioner is that the respondent Police did not utilize the subject land for the purpose it was gifted. Anti-social elements are using the land for illegal activities. Therefore, direct respondent Nos.2 and 3 to consider the petitioners’ representations or to re-convey the land. 4. The factual questions relating to gift and re-conveyance of land cannot be decided under Article 226 of the Constitution of India by this Court, as laid down by the Hon’ble Supreme Court in P.R.Muralidharan and Others Vs.Swami Dharmananda Theertah Padar and Others1. 1 2006 (4) SCC 501 4 5. Respondent No.3 addressed a letter to respondent No.2 with a request to enquire into the representations made by the petitioners, but no action was taken by respondent No.3. 6. Considering the above facts and circumstances of the case, this Court is of the considered opinion that the Writ Petition can be disposed of at the stage of admission itself, without going into the merits of the case, with a direction to respondent No.3 to consider the petitioners’ representations as early as possible, as per the due procedure established by the law. 7. Accordingly, this Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 31.07.2025 PSA 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 44146 of 2018 Date: 31.07.2025 PSA