1 BKM, J W.P.No.3824 of 2022 APHC010059232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3824/2022 Between: 1.B.GURU SWAMY REDDY,, S/O. BALI REDDY, AGED 45 YEARS, OCC. AAGRICULTURIST, D.NO.4-23-1, LOKAMATHAPURAM, C.RACHRANDRAPURAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, AT CHITTOOR. 3.THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 4.THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT. 5.THE REVENUE INSPECTOR, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT. 6.THE VILLAGE REVENUE OFFICER, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT. 7.THE VILLAGE REVENUE ASSISTANT, RAMACHANDRAPURAM. MANDAL, CHITTOOR DISTRICT. 2 BKM, J W.P.No.3824 of 2022 ...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 a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of respondents 2 to 7 in interfering with the peaceful possession and enjoyment of the petitioners which was assigned vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 an extent of AC.0.89 cents at Lokamathapuram H/o, Chuttugunta Ramapuram Village, C.Ramachandrapuram Mandal, Chittoor District in favour of the petitioner, without following due process of law, being bad, illegal, arbitrary, discriminatory, offending Articles 14 and 300-A of Constitution of India and to pass 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 to direct the respondents No. 2 to 7 not to interfere with possession and enjoyment of the petitioners in their extents of properties which was assigned in the year 1994, vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 an extent of AC.0.89 cents at Lokamathapuram Chuttugunta Ramapuram Village, C.Ram.achandrapuram. Mandal, Chittoor District, in favour of the petitioner, pending disposal of the 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 vacate the interim order passed in WP.No.3824/2022, dated 21.2.2022 and pass Counsel for the Petitioner: 1.DASARI S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 3 BKM, J W.P.No.3824 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This Writ petition is filed questioning the action of the respondent Nos.2 to 7 in interfering with the peaceful possession and enjoyment of the petitioner which was assigned vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 in an extent of AC.0.89 cents at Lokamathapuram H/o, Chuttugunta Ramapuram Village, C.Ramachandrapuram Mandal, Chittoor District in favour of the petitioner, without following due process of law. 3. On the other hand, learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that on verification of fair Adangal of C. Ramapuram Village, Ramachandrapuram Mandal, the subject land in Sy.No.96 with a total extent of Acs.98.30 is classified as “Gutta Poramboke”. The petitioner was never granted any DKT Patta for the subject land in an extent of Acs.0.89 cents in Sy.No.96/2 of C.Ramapuram Village. There are no traces of cultivation at any point of time in the subject land as claimed in Sy.No.96. 4. The purported DKT Patta No.263/4/1404, dated 15.12.1994, possessed and produced by the petitioner is not in existence and there is no such record for that. The petitioner is never in possession of the subject land or any piece of land in Sy.No.96, at any point of time. 4 BKM, J W.P.No.3824 of 2022 5. The purported DKT Patta possessed and produced by the writ petitioner is bogus, fabricated and created with a nefarious design to grab the valuable Government land. The petitioner has not been is possession of the subject land and there are no traces of cultivation on the ground instead covered with shrub grown, boulders and thorny bushes. In the purported cultivation certificate said to have been issued by the Mandal Revenue Officer, Ramachandrapuram dated 05.07.1998, there is no reference number mentioned and assigned to the said copy which indicates that the said copy was not issued from the said office. On verification of the Adangal for the fasli year 1406-1407, it is noticed that no cultivation has been done by the petitioner in the subject land and the said land was registered as Sy.No.96 with an extent of Ac.70.83 cents as “Gutta” in respect of C. Ramapuram Village of Ramachandrapuram Mandal. As per the field verification at present also no traces of cultivation found in the said land and it is vested with the Government. The said cultivation certificate and all other documents submitted by the petitioner are not in existence and they are created. The petitioner never has been granted DKT Patta for the subject land in an extent of Ac.0.89 cents in Sy.No.96/2 of C.Ramapuram Village and there are no traces of cultivation at any point of time in the subject claimed land in Sy.No.96. In the month of August, 1994, the DKT Pattas were issued to several persons for the lands in several villages by assigning DKT numbers from 01/04/1404 to 151/04/1404, where no entry is found related to the said land. On verification of the DKT Registers pertaining to the year 1994, it is 5 BKM, J W.P.No.3824 of 2022 noticed that the last DKT Patta was granted on 16-02-1994, which was assigned as DKT No.151/4/1404. The purported DKT Patta No.263/4/1404, dated 15.12.1994, possessed and produced by the petitioner is a non existing one and no such record is emanated. Hence question of threatening to disposes the writ petitioner does not arise. 6. In reply, the learned counsel for the petitioner relies upon the Order of this Court in W.P.No.1466 of 2021 dated 23.08.2024, that is the case, where the record indicates that the Patta has been granted for the petitioner on 15.12.1994 and the petitioner’s name was found place in the revenue records with regard to the subject land therein to an extent of Ac.1.61 cents in Sy.No.248/2 in Chintingunta Ramapuram Village, Ramachandrapuram Mandal, Chittoor District. It was observed by the Court that in the counter- affidavit filed by the respondents therein, it is nowhere spelt out as to when and how the fake and fabricated patta was discovered and in what way the patta is fabricated particularly when the petitioner’s name therein found place in the revenue records. It was not even clearly mentioned therein, as to how the respondents came to a conclusion that the said patta is fabricated. Unless, pleaded clearly, the plea of fabrication or fake pattas cannot be countenanced. 7. The facts and circumstances of the said case are different from the present case and here in this case, the respondent No.4 in his counter- affidavit categorically stated that the said DKT Patta dated 15.12.1994 6 BKM, J W.P.No.3824 of 2022 possessed and produced by the petitioner is not in existence at all and no such revenue record emanates for the same. Similarly, the purported cultivation certificate said to have been issued by the Mandal Revenue Officer, Ramachandrapuram, on 05.07.1998, also does not contain any reference number mentioned and assigned to the said copy and as such, the 4th respondent averred in the counter-affidavit that it was not issued by the Office of the 4th respondent. The 4th respondent also relied upon the relevant Adangals for the fasli year 1406-1407 and found that the petitioner is never in cultivation of the subject land. The whole extent of the land in Sy.No.96, covering the subject land is classified as “Gutta”, for an extent of Ac.70.83 cents in respect of C. Ramapuram Village of Ramachandra Mandal. The fair Adangal of C. Ramapuram Village of Ramachandra Mandal, discloses that a total extent of Ac.98.30 cents in Sy.No.96, is classified as “Gutta Poramboke”. 8. In view of the aforesaid facts and circumstances of the case, no relief can be granted in this present Writ Petition. 9. Accordingly, this Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN Date: 18.12.2025 CVD