IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSANDAND TWENTYFIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10910 OF 2025 Between: 1. Y. Lalitha, W/o. Y. Rama Chandra Reddy, Aged about 43 Years, Occ: House wife, R/o. Mallakalava Village, Dharmvaram, Sri Satya Sai District. 2. C. Jyothi, W/o. C. Sudhakar Reddy, Aged about 40 Years, Occ: House Wife, Tadimarri Village and Mandal, Sri Satya Sai District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, At Puttaparthy, Sri Satya Sai District. 3. The Revenuve Divisional Officer, Dharmavaram, Sri Satya Sai District. 4. The Tahsildar, Chennekothapalli Mandal, Sri Satya Sai District. 5. Komma Mangamma, W/o. Late K. Sambasiva Reddy, Aged about 95 years, Occ Dependent, R/o. D. No. 1/162-B, Byrapuramu Village, Kotha Cheruvu Mandal, Sri Satya Sai District. 6. Narayanareddi Gari Sarala, W/o. N. Govinda Reddy, Aged about 74 years, Occ House wife, R/o. D. No. 3/20, Chinna Babaih palli Village, Somendepalli Mandal, Sri Satya Sai District. '(Y) 7. Gangappagari Parvathamife, W/o. G. Srinivas Reddy, Aged about 56 years, Occ House Wife, R/o. D. No. 1/162-B, Byrapuramu Village, Kotha Cheruvu Mandal, Sri Satya Sai District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in .4hr«,circunistances stated in the affidavit filed therewith, the High Court ^ pleased to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in issuing Notice dated 20-03-2025 vide Proceedings No. R.C.No.B/11/2025 summoning to his office without jurisdiction and trying to dispossess the petitioners from their lands an extent of 5.16 cents in Survey No. 619-2, and another land with an extent of 4.88 cents in Survey No. 619-1, situated at Chennekothapalli Village, Dharmavaram Division, Sri Satya Sai District, as arbitrary, illegal and violation of Principles of Natural Justice violation of Articles 14, 21 and 300-A of the Constitution consequently set aside the same. may and and of India and lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to grant stay of all further proceedings in pursuant to the Notice 20-03-2025 vide Proceedings No. R.C.No.B/11/2025. lA NO: 2 OF 2Q2fi may be Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents not to dispossess the petitioner from her land an extent of 5.16 cents in Survey No. 619-2, and another land with extent of 4.88 cents in Survey No. 619-1, situated at Chennekothapalli Village, Dharmavaram Division, Sri Satya Sai District. Counsel for the Petitioner: SRI BANDI SRIHARI Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 7: The Court made the following: ORDER may be an APHC010190982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10910/2025 Wi [3329] Between: Y. Lalitha, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.BANDI SRIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following order: ...RESPONDENT(S) This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief: 1. India “to issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No. Notice dated 20.03.2025 vide Proceedings No.R.C.No.B/11/2025 and summoning to his office without jurisdiction and trying to dispossess the petitioners from their lands 5.16 cents in Survey No. 619-2 and another land with cents in Survey No. 619-1 situated at Chennekothapalli Village, Dharmavaram Division, Sri Satya Sai District as arbitrary illegal and violation of Principles of Natural Justice and violation of Articles 14, 21 4 in issuing an extent of an extent of 4.88 and 300A of the Constitution of India and consequentiy set aside the same and to pass such other order or orders...” The case of the petitioners is that the petitioners are the absolute owners and possessors of the subject property, admeasuring to an extent of Ac.5.16 cents in Sy.No.619-2 and Ac.4.88 cents in Sy.No.619-1 respectively, situated at Chennekothapalli Village, Dharmavaram Division, Ananthapuram District and having acquired the subject property as ancestral property through a partition. Since then, they have been in possession and enjoyment of the Subject property, and their names also mutated in the revenue records as pattadars and enjoyers. While things stood thus, the unofficial respondents (Respondent Nos. 5 to 7) instituted a suit for partition in O.S. No.56 of 2025 before the Court of the Junior Civil Judge, Dharmavaram. Pursuant to representation made by the 5th respondent, the 4th respondent issued a notice dated 23.03.2025 to the petitioners, directing them to appear before the Tahsildar’s office on 27.03.2025, alleging that the petitioners had fraudulently obtained passbooks and entered their names in the revenue records without having any legal right over the subject property. In pursuance of the said notice, the petitioners submitted their explanation along with relevant documents on 27.03.2025. Despite the matter being sub judice and the suit for partition filed by the unofficial respondents still pending before the court, the 4th respondent, based solely on the 5th respondent’s representation, is trying to dispossess the petitioners from the subject property, which is contrary to law. Hence, the present writ petition. 2. a r The learned counsel for the petitioners submits that, during the pendency of the suit filed by the unofficial respondents, the notice issued by the 4th respondent dated 20.03.2025, based on the representation of the 5th respondent, is liable to be set aside. 3. The learned Assistant Government Pleader for Revenue appearing for the respondents submits that if the respondents authorities intend to take any action against the subject property, they will follow due procedure as 4. contemplated under the Law. 5. Heard the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and perused the material available on record. It appears that there are disputes between the petitioner and the unofficial respondents with respect to the title and possession of the subject property, and a suit in O.S. No. 56 of 2025 for partition is pending consideration. Therefore, it is a settled proposition of law that once civil suits for title are pending between the parties the execution should not entertain any application by any of the parties to the civil proceedings to restore their title disputes other than by way of civil proceedings, which amounts to abuse of the process of the office and the executive authorities assigning to themselves the role of Judge rather than functioning as authorities. Hence, issuing the impugned notice dated 20.03.2025 for determination of title during the pendency of the suit is nothing but assuming the role of a civil Judge. Therefore, the impugned notice is liable to be set aside. Accordingly, the present writ petition is allowed by setting aside the impugned notice issued by the 4^*^ respondent dated 20.03.2025. However, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property without following due procedure as contemplated under the law. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- U.SRi DEVI ASSISTANT REGISTER //TRUE COPY// SECTI FFICER To, 1. The Principal Secretary, Revenue Department, A.P. Secretariat Velagapudi, Guntur District. 2. The District Collector, At Puttaparthy, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satya Sai District. 4. The Tahsildar, Chennekothapalli Mandal, Sri Satya Sai District. 5. One CC to Sri Bandi Srihari Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:28/04/2025 ORDER WP.No.10910 of 2025 ^ 0 5 JUL 2025 ) V^^sXuttent SectigP;^ CO ALLOWING THE W.P., WITHOUT COSTS