[3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY .THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9854 OF 2020 AMARAVATI Between: K.Reddyappa Reddy. S/o l< Chinnama Mitta. Vedurukuppam Village„Chittor Dt. reddy, Aged 35 years, Lingala Andhra Pradesh-517569. ...PETITIONER AND 1. The State of Andhra Pradesh, Principle Secretary Department, 4fh Block, Ground Floor, Room No. 135, A.p'Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh 2. The District Collector, Chittoor, Chittoor District, 3. The Joint Collector, Chittoor District Revenue Andhra Pradesh. Andhra Pradesh. 4. The Revenue Divisional Officer, Chittoor District. 5. The Tahsildar, Vedurukuppam, Andhra Pradesh. / ...RESPONDENTS Petition under Article 22S of-the Constitution that in the circumstances stated i of India is filed praying in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order of direction particularly the nature of Writ of Mandamus declaring the action of the respondents unauthorized interference with the petitioners peaceful possession and enjoyment of lands to an extent of 28.33 square yards, 120 and 90 Sq.yards in survey no 148/18 at Vedurukuppam Md of Chittor Dist as illegal, arbitrary and violation of principles of natural justice and also Article14,21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess them except in accordance with law. one in on lA MD! 1 OF 2020 Petition under Section 151 CPC is filed 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 not to dispossess the petitioners from their lands to an extent of 28.33 square yards, 120 and 90 Sq.yards in survey no 148/18 at Vedurukuppam Md of Chittor Dist, except in accordance with law. Counsel for the Petitioner(s):SRr. JADA SRAVAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: 1 APHC010158652020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9854/2020 Between: K.R.Reddy and another ...PETITIONER AND The State of A.P. and others ...RESPONDENT(S) Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ■■v,.* The Court made the following order: The present writ petition is filed to declare the action of the respondents In unauthorizedly interfering with the petitioners’ peaceful possession and enjoyment of lands to an extent of 28.33 Sq.yards, 120 and 90 Sq.yards in Sy.No.148/18 at Vedurukuppam Mandal of Chittoor District and consequently direct the respondents not to dispossess them except in accordance with law. 2. The petitioners claim that they have purchased land admeasuring an extent of 28.33 Sq.yards, 120 Sq.yards and an extent of 90 Sq.yards in Sy.No.148/18 of Vedurukuppam Village and Mandal by virtue of registered sale deed dated 01.08.2018 vide document Nos. 1394/2018, 1781/2018 and 1780 of 2018 on the file of Joint Sub-Registrar, K.Nagaram, Chittoor District. It is further case of the petitioners that originally, the land belonged to one V.Muniswami. The said individual executed a registered Gift Deed dated 23.12.2015 vide Document No. 1923 of 2015 in favour of his wife Smt.Manjula. The said Manjula, in turn, alienated the subject property in favour of the petitioners. It is further case of the petitioners that when the petitioners are in peaceful possession and enjoyment of the subject property, the respondent authorities without any manner of right, tried to interfere with their possession the premise that the subject lands are required for allotting the house sites in favour of landless poor under the scheme ‘Pedalandariki Ellu . As no notice issued to the petitioners and the respondents have tried to interfere with the possession, the present writ petition came to be filed. on was 3 On the other hand, the 5*^ respondent-Tahsildar, Vedurukuppam Village filed counter affidavit stating that as per Fair Adangal of Vedurukuppam 3. Village, Sy.No. 148/18 comprises of an extent of Ac. 1.25 cents and as per the village accounts, the name of one B.Narasimha Reddy was mutated in the revenue records. It is the further case that subsequently one Sri.P.Yugandhar Reddy name was recorded as pattadar in respect of the subject lands in online Webland from 21.11.2011 to 25.10.2014. It is further averred that subsequently, the name of Sri V.Muniswamy was entered in online Webland as pattadar from 12.12.2015 to an extent of Ac. 1.18 cents in Sy.No.148/18 of Vedurukuppam Village. It is further stated that the said Muniswamy got mutated his name in the Webland without there being any valid documents. It is further averred in the counter affidavit that the petitioners have purchased the lands from wife of said Muniswamy who does not have valid title over the th lands in dispute. It is further averred in the counter affidavit that the 4 nd respondent, by proceedings dated 04.02.2020, recommended to the 2 respondent for cancellation of fraudulent entries made in Webland over the rd subject lands in favour of Sri V.Muniswamy. In pursuance of the same, the 3 respondent issued a show-cause notice dated 17.02.2020 to the said Muniswamy asking him to submit explanation within a period of seven (7) days as to why the entries made in Webland record shall not be cancelled. In furtherance thereto, the said Muniswamy appeared before the O'"* respondent on 29.02.2020 and thereafter the matter was adjourned to 07.03.2020. On 07.03.2020, the said Muniswamy did not appear before the 3'"'^ respondent nor 4 filed any explanation to the show-cause notice dated 17.02.2020. In those circumstances, the 3’’^ respondent passed order dated 12.05.2020 whereby and whereunder the entries made in the Webland register in favour of said Muniswamy were cancelled. It is stated in the counter affidavit that the said order dated 12.05.2020 attained finality and the same was not challenged either by the Muniswamy nor his wife or the petitioners herein. The learned Government Pleader for Revenue would further contend 4. that in view of the orders passed by the 3'^'^ respondent on 12.05.2020, the petitioners cannot claim any right over the subject land and he would further contend that the subject lands are classified as ‘Gutta Poramboke’, and prayed to dismiss the writ petition. Heard learned counsel for the petitioners and the learned Government 5. Pleader for Revenue. Perused the material available on record. It is the specific case of the petitioners that they have purchased the subject lands by virtue of registered sale deeds from Smt.Manjula, W/o. V.Muniswamy. On perusal of the counter affidavit, it is stated that the husband of vendor of the petitioners managed to mutate his name in Webland without therebeing any valid document. In that connection, a notice was issued to the said Muniswamy and thereafter the entries made in his favour were cancelled by virtue of order dated 12.05.2020 by the 3'^'^ respondent. On a perusal of the affidavit filed in support of the writ petition, it is clear that the petitioners have purchased the subject lands in the year 2018. It is needless to mention that as on the date of issuance of notice to 6. 7. J* " V.Muniswamy, the said individual had already executed a Gift Deed in favour of his wife Smt.Manjula. Subsequent thereto, the petitioners have purchased the property. Therefore, it is clear that as on the date of issuance of show- cause notice, neither Muniswamy nor his wife Manjula were in possession of the property. 8. It is not in dispute that the petitioners have purchased the subject land in the year 2018, though the learned Government Pleader for Revenue strenuously contend that the petitioners cannot claim right over the subject lands inasmuch as their vendors do not have title over the property in dispute and though the legal position canvassed by the learned Government Pleader for Revenue is acceptable, however owing to the fact that the petitioners have purchased the same by virtue of registered sale deeds, they are entitled to be put on notice before taking any action in the matter. Admittedly, no notice was issued to the petitioners. Furthermore, this Court at the stage of admission order dated 11.06.2020, directed the parties to maintain status regard to the possession of the subject property and the said interim subsisting as on today. 9. As noted supra, by virtue of the interim order, the petitioners claim by quo with order is that they are in possession of the property in dispute. Though it is contended by the respondents that the entries made in favour of the Muniswamy cancelled by virtue of proceedings dated 12.05.2020 by the 3' admittedly, no notice was issued to the petitioners and they continued possession by virtue of interim order dated 11.06.2020, passed by this Court were respondent. to be in 6 In that view of the matter, the present Writ Petition is disposed of 10. directing the respondents to issue notice to the petitioners and pass appropriate orders thereon after affording an opportunity of being heard. Till such time, the respondents are directed to maintain status quo with regard to the possession of the subject property. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principle Secretary, Revenue Department, State of Andhra Pradesh, 4th Block, Ground Floor, Room No. 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. [By Special Messenger] 2. The District Collector, Chittoor, Chittoor District, Andhra Pradesh. 3. The Joint Collector, Chittoor District, Andhra Pradesh. 4. The Revenue Divisional Officer, Chittoor District. 5. The Tahsildar, Vedurukuppam,‘Andhra Pradesh.[2 to 5 by RPAD] 6. One CC to SRI. JADA SRAVAN KUMAR Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies HIGH COURT DATED;24/03/2025 ORDER ^ 11) SEP 2025 jf] WP.No.9854 of 2020 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS