4 [3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 26017 OF 2021 AMARAVAp^ t d 10> a> auLi Between: Alluri Appala Raju, S/o Alluri Bangaru Raju, aged about 61 years, R/o Lingapuram Village, Kotauratia Mandal, Visakhapatnam District. ...Petitioner AND The State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Secretariat, Velagapudi, Guntur District, Rep. by its Principal Secretary. The Tahsildar, Kotauratia Mandal, Visakhapatnam District. The Station House Officer, Kotauratia Police Station, Visakhapatnam District. Yallapu Kumar Raja, S/o Yallapu Nageshwara Rao, aged about 48 year, R/o H.No.5-7-42/1, Lakshmidevipeta, Anakapalli Mandal, Visakhapatnam District. Vegi Srinivas, S/o Late Appala Konda, aged about 48 years, R/o Rajupeta Village, Kotauratia Mandal, Visakhapatnam District. 1. 2. 3. 4. 5. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the 2"^^ and 3"'^ respondents in trying to dispossess the petitioner at the instance of respondent No.4 and 5 from the agriculture land to an extent of Ac.0.46.5 may cents in Sy.No. 180/1 situated at Kotauratla Revenue Village, Kotauratia Mandal, Visakhapatnam District, without following the procedure established under law, without issuing any notice to the petitioner, is highly illegal, arbitrary, unconstitutional and in violation of Articles 14 and 300-A of the Constitution of India arid consequently direct the respondent No.2 and 3 not to dispossess the petitioner from the agriculture land to an extent of Ac.0.46.5 cents in Sy.No.180/1 situated at Kotauratla Revenue Village, Kotauratla Mandal, Visakhapatnam District, except under due process of law. lA NO: 1 OF 2021 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 and 3 not to dispossess the petitioner from the agriculture land to an extend of Ac.0.46.5 cents in Sy.No. 180/1 situated at Kotauratla Revenue Village, Kotauratla Mandal, Visakhapatnam District, except under due process of law; Counsel for the Petitioner: SRI V. V. Counsel for the Respondent Nos.1 Counsel for the Respondent No.3: Counsel for the Respondent Nos.4 & 5: The Court made the following: ORDER N. NARAYANA RAO & 2: GP FOR REVENUE GP FOR HOME SRI K. SUBRAHMANYAM APHC010429492021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.26017/2021 Between: Alluri Appala Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VVN NARAYANA RAO Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.KSUBRAHMANYAM The Court made the following: 2 4^ ORDER:- The present writ petition is filed questioning the action of respondent Nos.2 & 3 in trying to dispossess the petitioner at the instance of respondent Nos.4 & 5 from land admeasuring an extent of Ac.0.46y2 cents in Sy.No. 180/1 of Kotauratia Revenue Village and Mandal, Visakhapatnam District, without issuing notice and without following due process of law. It is the case of the petitioner that he entered into possessory agreement of sale dated 25.04.2001 in respect of land to an extent of Ac. 1.42 cents in Sy.No. 180/1 of Kotauratia Revenue Village, with three individuals namely Sri Alluri Jagannadha Raju, Sri Alluri Rama Murthy and Sri Allurui Appala Raju. It is further case of the petitioner that, as on the date of execution of possessory agreement of sale, the above individuals handed over possession to the petitioner. In pursuance thereof, the petitioner purchased an extent of Ac.O. 95V2 cents out of total extent of Ac. 1.42 cents by virtue of registered sale deed dated 14.02.2007 vide Document No.405 of 2007 i.e., the shares belonging to Sri Alluri Jagannadha Raju and Sri Alluri Rama Murthy. It is further stated that, he could not purchase the share of Sri Allurui Appala Raju, as the said individual was died as on 2. 3 the date of execution of the above sale deed. It is further stated that, the legal heirs of said Allurui Appala Raju refused to register their share to an extent of Ac.O. 4672 cents. It is further case of the petitioner that, he continued to be in possession of the total extent of Ac. 1.42 cents and the Village Revenue Officer issued possession certificate dated 19.08.2020 to that effect. 3. It is further case of the petitioner that, the respondent Nos.4 & 5 have purchased land admeasuring an extent of Ac.0.42 cents in Sy.No. 180/1 from the legal heirs Alluri Appala Raju by virtue of registered sale deed dated 05.05.2021 vide document No.1190 of 2021.lt is further stated that the petitioner filed suit in OS No.232 of 2020, on the file of Principal Junior Civil Judge, Narsipatnam, against the legal heirs of Sri Alluri Appala Raju and the same is pending adjudication. It is further stated that, in order to dispossess the petitioner from the subject land the respondent Nos.4 & 5 without taking recourse to law. influencing the respondent Nos.2 & 3 to dispossess the petitioner from the subject land. Questioning the said action the present writ petition is filed. On the other hand, the 2'^'^ respondent filed counter 4. affidavit stating that the subject land is private patta land and the 4 m revenue authorities never interfered with the possession of the petitioner and further stated that the present writ petition is filed by misrepresentation and prayed to dismiss the same. The respondent Nos.4 & 5 filed a counter affidavit stating that, they have purchased the subject land by virtue of registered sale deed dated 05.05.2021 vide document No.1190 of 5. 2021 from Smt.Alluri Subbalakshmi W/o of late Sri Alluri Appala Raju. It is further contended that, the petitioner is an absolute stranger to the property in dispute and without having valid title over the same, he is causing troubles to the real owners. It is further stated that, the petitioner without taking recourse to law, pursuant to possessory agreement of sale dated 25.04.2001, approached this Court by filing the present writ petition and prayed to dismiss the same. Heard learned counsel for the petitioner, learned 6. Assistant Government Pleader for Revenue and learned counsel for respondent Nos.4 & 5. Perused material available on record. 7. It is not in dispute that the respondent Nos.4 & 5 have purchased the land in an extent of Ac.0.42 cents in 8. 5 Sy.No. 180/1 of Kotauratia Village from Smt.Subba Lakshmi, W/o. Alluri Appala Raju. On the other hand the counsel for the petitioner strenuously contend that the petitioner is in possession of the said land by virtue of Possessory Sale Agreement dated 25.04.2001, executed by the original owner Sri Alluri Appala Raju. It is further case of the petitioner that he also filed a suit in OS No.232 of 2020, on the file of Principal Junior Civil Judge, Narsipatnam, against the legal heirs of original owner and obtained injunction and the same is subsisting as on today. He would further contend that the respondent Nos.4 & 5 purchased the property without possession and influencing the respondent Nos.2 & 3 to see that the petitioner is evicted from the subject land. Having perused the pleadings of both parties and the 9. submissions made by the counsel, this Court is not inclined to go into the merits of the matter and also with regard to the aspect of possession of the property and title. On perusal of the counter affidavit filed by the respondent No.2, it is categorically stated that they never interfered with the possession of the petitioner over the land admeasuring an extent of Ac.0.46 V2 cents in 6 m Sy.No. 180/1 of Kotauratia Revenue Village and Mandal Visakhapatnam District. 10. Further, on perusal of the counter affidavit filed by the respondent Nos. 4 and 5, it is categorically stated as under; “I submit that the Writ Petitioner under the guise of protecting his possession of which he is not the owner is trying to cause real troubles to the real owners thereof we the respondents 4 and 5 herein who have purchased Ac.0.42 cents of land from the owners thereof in Sy.No. 180/1 of Kotauratia Village under a Registered Sale Deed dated 05.05.2021 by filing the present Writ Petition. ” On a reading of the same, it is clear that the respondent Nos.4 & 5 have admitted that the petitioner is in possession of the subject land. 11. In view of the categorical assertion made by respondents, the present writ petition is disposed of directing the respondents not to interfere with the possession of the petitioner, except in accordance with law. It is further made clear that both the petitioner and respondent Nos.4 and 5 are at liberty to approach competent Civil Court, so as to establish their rights over the lands in dispute. 7 With the above observation, the writ petition is 12. disposed of. No costs. As a sequel, pending applications, if any, shall stand closed. Sd/- N NAGAf/iF/iA ASSISTANT REGISTRAR //TRUE COPY// 1 SECTION OFFICER To, / 1) The Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Velagapudi, Guntur District, State of Andhra Pradesh (BY SPECIAL MESSENGER) 2) The Tahsildar, Kotauratia Mandal, Visakhapatnam District. 3) The Station House Officer, Kotauratia Police Station, Visakhapatnam District. 4) Yallapu Kumar Raja, S/o Yallapu Nageshwara Rao, aged about 48 year, R/o H.No.5-7-42/1, Lakshmidevipeta, Anakapalli Mandal, Visakhapatnam District. 5) Vegi Srinivas, S/o Late Appala Konda, aged about 48 years, R/o Rajupeta Village, Kotauratia Mandal, Visakhapatnam District. (Addresses Nos.2 to 5 BY RAPD) 6) One CC to SRI. V V N NARAYANA RAO Advocate [OPUC] 7) Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8) Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT] 9) One CC to SRI. K. SUBRAHMANYAM, STANDING COUNSEL [OPUC] Three CD Copies 10) \. HIGH COURT DATED:22/04/2025 ORDER 2 6 JUN 2025 , ^Js^JjHTentSectijpXW m 0» WP.No.26017of2021 DISPOSING THE WRIT PETITION WITHOUT COSTS