1 APHC010380812020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25426/2020 Between: 1. B SHARADAMMA, W/O SRINIVASA REDDY 64 YEARS, R/O KONA VILLAGE, KALAKADA MANDAL CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITOOR DISTRICT, CHITTOOR 3. THE EXECUTIVE ENGINEER, ,PANCHAYATH RAJ MADANAPALLI, CHITOOR DISTRICT. 4. VILLAGE SECRETARY, VILLAGE SECRETARIAT KONA GRAM PANCHAYATH, KONA VILLAGE, KALAKADA MANDAL, CHITTOOR DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, MADANAPALLI CHITTOOR DISTRICT, 6. THE THASILDAR, KALKADA MANDAL,CHITTOOR DISTRICT. 2 7. CHINTAKUNTA HARINADHA REDDY, S/O LATE C.V.SIDDA REDDY, AGED ABOUT 68 YEARS, OCC AGRICULTURE, R/O KONA VILLAGE, KALAKADA MANDAL, ANNAMAYYA DISTRICT. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.23.10.2025 IN I.A.NO.01 OF 2025. ...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 topleased to issue an order, direction or Writ, more particularly one in the nature of Writ of Mandamus, directing the respondents not to make any construction in the land belonging to the petitioner to an extent of 0.27 Cents situated in Sy.No.474-A of Kona Village Kalakada Mandal, Chittoor District, by declaring the action of the respondents in amending the 1-B Namoona (ROR), removing the name of the petitioner in respect of the land in Sy.No.474-A, without issuing any notice, causing any enquiry, as illegal, arbitrary, void, against the perinciples of natural justice, without any authority, being in violation of rights of the petitioners enshired under Articles 14,21, 300A of the constitution of India, and to pass IA NO: 1 OF 2020 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 pleased directr the respondents not to make any constructions by interefering with the peritioner's rights in land to an extent of 0.27 Cents situated in Sy.No.474-A of Kona Village, Kalakada Mandal, Chittoor District pending disposal of the above writ petition and to pass IA NO: 1 OF 2025 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 pleased to permit the petitioner/proposed respondent No.7 to come on record as the 3 respondent No.7 in W.P.No.25426 of 2020 as well as in I.A.No. 1 of 2020 Counsel for the Petitioner: 1. CHETLURU SREENIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 2. V R REDDY KOVVURI The Court made the following ORDER: Declaring theaction of the respondent No.4-Gram Panchayat in proposing to construct the Gram Sachivalayam in the petitioner’s land to an extent of Ac.0.27 cents situated in Sy.No.474-A of Kona Village, Kalakada mandal, Chittoor District, without issuing any notice and without following due process of law, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri P. Pavan Chowdhary, learned counsel representing Sri Chetluru Srinivas, learned counsel for the petitioner, Sri D. Vigneshewar Reddy, learned counsel representing Sri V.R. Reddy Kovvuri, learned counsel for proposed respondent No.7, Sri M. Sudheer, learned Standing Counsel for MPP,ZPP & Gram Panchayat, Ms. Naga Chandrika, learned Government Pleader for Panchayat Raj and Ms. Vijayeswari, learned Assistant Government Pleader for Revenue. 4 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the petitioner had purchased the land to an extent of Ac.0.27 cents in Sy.No.474 and Ac.0.04½ cents in Sy.No.475 of Kona Village, Kalakada Mandal, Chittoor District, under a registered sale deed in document No.2210 of 2010, dated 22.11.2010. Subsequently, the revenue authorities issued pattadar poss books in her favourin respect of the subject lands. Since the date of purchase, the petitioner has been in peaceful possession and enjoyment of the subject land without interference from the third party. While things stood thus,respondents Nos.3 & 4 made arrangements to measure the subject landfor the purpose of building a village Secretariat and the same was informed to the petitioner.Thereafter, the petitioner raised objections, however, without considering the same or giving prior notice and without following the due process of law,the respondent authorities are proceedingwith the construction.He further submitted that if such highhanded action is allowed to continue, it affects the rights of the petitioner. As such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. Learned Assistant Government Pleader for Revenue,on instructions of the Tahsildar dated 26.03.2025, contended that the 5 subject land isassigned land, which was initially assigned to Chinthakunta Reddemma and later to Chinthakunta Harinadha Reddy.Subsequently, the said assignee has gifted the subject land to the Gram Panchayat for constructions of Gram Sachivalayam. The said sale deed relied on by the petitioner is not valid in law. In view of the same, the petitioner has to approach the competent civil Court if at all she wants to claim any right or title over the subject property. As such,the writ petition is devoid of merits and is liable to be dismissed. 5. Sri M. Sudheer, learned Standing Counsel,submitted that the GramaSachivalayam has already been constructed and is now functioning. Therefore, the petitioner cannot claim any relief under Article 226 of Constitution of India andif at all the petitioner has any grievance,she has to approach appropriate forum for redressal. 6. Per contra, Sri D. Vigneshewar Reddy, learned counsel representing Sri V.R. Reddy Kovvuri, learned counsel for proposed respondent No.7, contended that the subject land is not an assigned land, but belongs to the unofficial respondent No.7, who gifted the property to the Gram Panchayat for construction of Grama Sachivalayam.He further submitted that the original assignee is the grandmother of respondent No.7 and in the family 6 partition, the property fell to the share of the respondent No.7. As such, prayed to dismiss the writ petition. 7. In reply, Sri P. Pavan Chowdary, learned counsel representing learned counsel for the petitioner, contended that if at all the authoritiesrequire the land for any public purpose, they must acquire it from the petitioner in accordance with law, but without doing so, theycannot proceed with the construction straightaway.He further submitted that even now,the authorities can issue a notification and pay compensation to the petitioner accordingly. As such, prayed to pass appropriate orders. 8. Perused the record and considered rival submissions made by learned counsel. 9. The petitioner claims the subject property undera registered sale deed vide document No.2210 of 2010 dated 22.11.2010. The respondents are disputing the said sale deed contending that it is an assigned land wherein a Grama Sachivalaym has already been constructed. The submissions and contentions advanced by the respective counsel would clearly indicate that there is a serious title dispute with regard to the subject property and this Court cannot adjudicate the same while exercising jurisdiction under Article 226 of Constitution of India.If 7 at allthe petitioner has any grievance,she has to approach the competent civil Court for redressal of her grievance. 10. In view of the above, the Writ Petition is disposed of. The petitioner is at liberty to approach the competent civil Court, if she is so advised. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28.10.2025 ANS 8 249 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25426/2020 . Date: 28.10.2025 ANS