APHC010416972023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. B RAMA KRISHNA, S/O B.VENKATAPPA, AGED. 71 YEARS, OCC. CULTIVATION, R/O 7 2. B.ANJANEYULU, S/O B.VENKATAPPA, AGED. 78 YEARS, OCC. CULTIVATION, R/O 7 3. B.NARAYANA, S/O B.VENKATAPPA, AGED. 74 YEARS, OCC. CULTIVATION, R/O 7 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT PANCHAYATH OFFICER, ANANTAPUR, ANANTAPUR DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, , GUNTAKAL, ANANTAPUR DISTRICT 4. THE TAHSILDHAR, VAJRAKARURU MANDAL, ANANTAPUR DISTRIC 5. THE VAJRAKARURU GRAM PANCHAYATH, REP BY IT'S PANCHAYATH SECRETARY, VAJRAKARURU, ANANTAPUR DISTRICT 6. P NARAYANAPPA, S/O P.CHINNA NARAYANAPPA AGE. 68 YEARS, OCC. CULTIVATION, R/O D.NO.7/62, VAJRAKARURU, ANANTAPUR DISTRICT 7. C YERRI SWAMY, S/O C.JAYA RAMUDU, AGE. 32 YEARS, OCC. CULTIVATION, R/O D.NO.7/104, DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21471/2023 B RAMA KRISHNA, S/O B.VENKATAPPA, AGED. 71 YEARS, OCC. CULTIVATION, R/O 7-163, VAJRAKARURU, ANANTAPUR DISTRICT B.ANJANEYULU, S/O B.VENKATAPPA, AGED. 78 YEARS, OCC. CULTIVATION, R/O 7-166, VAJRAKARURU, ANANTAPUR DISTRICT B.NARAYANA, S/O B.VENKATAPPA, AGED. 74 YEARS, OCC. CULTIVATION, R/O 7-163, VAJRAKARURU, ANANTAPUR DISTRICT ...PETITIONER(S) AND THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT THE DISTRICT PANCHAYATH OFFICER, ANANTAPUR, ANANTAPUR DISTRICT THE REVENUE DIVISIONAL OFFICER, , GUNTAKAL, ANANTAPUR THE TAHSILDHAR, VAJRAKARURU MANDAL, ANANTAPUR THE VAJRAKARURU GRAM PANCHAYATH, REP BY IT'S SECRETARY, VAJRAKARURU, ANANTAPUR P NARAYANAPPA, S/O P.CHINNA NARAYANAPPA AGE. 68 YEARS, OCC. CULTIVATION, R/O D.NO.7/62, VAJRAKARURU, ANANTAPUR C YERRI SWAMY, S/O C.JAYA RAMUDU, AGE. 32 YEARS, OCC. CULTIVATION, R/O D.NO.7/104, VAJRAKARURU, ANANTAPUR ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) [3332] WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI B RAMA KRISHNA, S/O B.VENKATAPPA, AGED. 71 YEARS, OCC. 163, VAJRAKARURU, ANANTAPUR DISTRICT B.ANJANEYULU, S/O B.VENKATAPPA, AGED. 78 YEARS, OCC. 166, VAJRAKARURU, ANANTAPUR DISTRICT B.NARAYANA, S/O B.VENKATAPPA, AGED. 74 YEARS, OCC. 163, VAJRAKARURU, ANANTAPUR DISTRICT ...PETITIONER(S) THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, THE DISTRICT PANCHAYATH OFFICER, ANANTAPUR, THE REVENUE DIVISIONAL OFFICER, , GUNTAKAL, ANANTAPUR THE TAHSILDHAR, VAJRAKARURU MANDAL, ANANTAPUR THE VAJRAKARURU GRAM PANCHAYATH, REP BY IT'S SECRETARY, VAJRAKARURU, ANANTAPUR P NARAYANAPPA, S/O P.CHINNA NARAYANAPPA AGE. 68 YEARS, OCC. CULTIVATION, R/O D.NO.7/62, VAJRAKARURU, ANANTAPUR C YERRI SWAMY, S/O C.JAYA RAMUDU, AGE. 32 YEARS, OCC. 74 YEARS, OCC. 163, VAJRAKARURU, ANANTAPUR DISTRICT ...PETITIONER(S) THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, SECRETARIAT, THE DISTRICT PANCHAYATH OFFICER, ANANTAPUR, THE REVENUE DIVISIONAL OFFICER, , GUNTAKAL, ANANTAPUR THE TAHSILDHAR, VAJRAKARURU MANDAL, ANANTAPUR THE VAJRAKARURU GRAM PANCHAYATH, REP BY IT'S SECRETARY, VAJRAKARURU, ANANTAPUR P NARAYANAPPA, S/O P.CHINNA NARAYANAPPA AGE. 68 YEARS, OCC. CULTIVATION, R/O D.NO.7/62, VAJRAKARURU, ANANTAPUR C YERRI SWAMY, S/O C.JAYA RAMUDU, AGE. 32 YEARS, OCC. VAJRAKARURU, ANANTAPUR ...RESPONDENT(S): 2 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 a Writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the action on the part of Officials of Respondent No.5 in issuing directions to Petitioners for relinquish their possession and title over open space situated at eastern side of Petitioners' Houses bearing Door Numbers 8-22, 8-23, 8-24, constructed at an open area admeasuring an extent of approximately 20 Cents, in Street Survey No.93, situated at Vajrakaruru Gram Panchayath Area, Anantapur District for permitting Respondents 6 and 7 to ingress and egress from their open site as illegal and arbitrary, unconstitutional, violative of rights of citizens envisaged under the articles of Constitution of India and consequently direct the officials of Respondent No.5 to not to interfere with Petitioners' open space situated at eastern side of Petitioners' Houses bearing Door Numbers 8-22, 8-23, 8-24, constructed at an open area admeasuring an extent of approximately 20 Cents, in Street Survey No.93, situated at Vajrakaruru Gram Panchayath Area, Anantapur District and to pass IA NO: 1 OF 2023 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 officials of Respondent No.5 to not to interfere with Petitioners' open space situated at eastern side of Petitioners' Houses bearing Door Numbers 8-22, 8-23, 8-24, constructed at an open area admeasuring an extent of approximately 20 Cents, in Street Survey No.93, situated at Vajrakaruru Gram Panchayath Area, Anantapur District and to pass IA NO: 2 OF 2023 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 grant permission for amending the Paras 2, 3, 5, 6 of Affidavit filed in support of Writ Petition, Main Prayer Portion of Writ Petition, Interim Prayer Portion of Interlocutory Application in WP.No.21471 of 2023 on the file of this Hon'ble Court for inserting actual Survey No.336 by deleting wrongly mentioned Street Survey No.93 and to pass Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SREEMANNARAYANA VATTIKUTI 3. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Aggrieved by the action of respondent No.5 in issuing directions to petitioners for relinquishment of their possession and title over open space situated at eastern side of petitioners’ houses bearing Door Nos. 8-22, 8-23, 8-24 constructed at an open area admeasuring an extent of approximately Ac.0.20 cents in survey No.93 situated at Vajrakaruru Gram Panchayat area, Anantapur District for permitting respondent Nos.6 and 7 for their ingress and egress from their open site, the present Writ Petition has been filed. 2. Sri N.Chandra Sekhar Reddy, learned counsel for the petitioners, while reiterating the contents of the writ affidavit contended that when the civil disputes are pending between the petitioners and the unofficial respondents with regard to subject property, the unofficial respondents approached respondent No.5, who at their behest called the petitioners on 08.07.2023, 26.07.2023, 02.08.2023, thereby directing the petitioners to relinquish possession and title over the subject property and permitting the unofficial respondents to use for their ingress and egress through open site. He further submits that the officials of respondent No.5 have been resorting to illegal means to harass the petitioners, and that respondent No.5 has no power or authority to interfere with the civil disputes between the private parties. Hence, prayed to pass orders protecting the interest of the petitioners. 3. At this stage, this Court expressed the view that the issues raised by the petitioners pertain to disputed questions of title and possession between 4 private parties, which cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution of India. 4. At this juncture, learned counsel for the petitioners sought liberty to approach the competent Civil Court for redressal of the grievance of the petitioners. 5. In view of the same, the Writ petition is disposed of giving liberty to the petitioners to approach competent Civil Court in accordance with law for redressal of their grievance. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 26.11.2025 MP 5 311 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.21471 OF 2023 26.11.2023 MP