APHC010229562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11322/2025 Between: Kotturu Teja Bhaskara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. ADAPA RAMYA SAHITHI NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 NV, J W.P.NO.11322 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11322/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession of the land of the petitioner admeasuring Ac 2.49 cents in Sy No. 570/2/C (old Sy No.570) situated at Veleru Village, Bapulapadu Mandal, Krishna District as wholly illegal, arbitrary, violative of Articles 14 & 21 of the Constitution of India and without jurisdiction and consequently declare that the respondents are not entitled to interfere with the peaceful possession of the above said land of the petitioner and pass such….”(in verbatim) 2. Heard learned senior counsel for the petitioner and learned Assistant Government Pleader for respondents. 3. The claim of the petitioner is that the petitioner’s mother purchased the land admeasuring Ac.2-49 cents in sy.No.570/2/C(old Sy.No.570) situated at Veleru village, Bapulapadu Mandal, Krishna District, from Smt.Boppana Dhanya Lakshmi through a registered sale deed bearing document No.2573 of 1998, dated 24.12.1998. After the demise of the petitioner’s mother, the petitioner succeeded to the subject property being the legal heir of the deceased. 4. While so, the respondents are interfering with the peaceful possession of the property of the petitioner to an extent of Ac.0-69 cents in Sy.No.570/2, under the guise that the same is classified as a Government land as per the revenue records, for which, the petitioner approached this Court not once but, 3 NV, J W.P.NO.11322 OF 2025 on two occasions wherein this Court passed orders in W.P.No.25652 of 2016 dated 04.04.2024 and in W.P.NO.1637 of 2008 dated 26.08.2010, directing the respondents to follow due process of law. Even though this Court time and again directed the respondents to follow due process without resorting the due process, the respondents are trying to interfere with the peaceful possession of the petitioner. Hence, the present Writ Petition. 5. On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions, wherein it is stated that: 3. The R.S No. 570/2, AC.0-69 CTs was notified in Prohibited properties Register Annexure-1 as it is covered under ceiling surplus land. (Copy enclosed) 4. As per Webland adangal RS No. 570/2 is noted as Government Land (Copy enclosed) 5. It is to submit that, the petitioner contends that his possession in R.S.No. 570/2C(Old Sy No.570), as per Revenue records, the RS No.570/2 is not sub divided either notionally or permanently, as such the R.S No.570/2C never existed. 6. It is to submit that Kothuru Prakash Rao S/o Chennaiah (Father of the Petitioner) filed O.S No. 07/2016 before Hon'ble Prl.Junior Civil Judge, Nuzvid requesting to grant Permanent Injunction restraining against Tahsildar. Bapulapadu and District Collector from interfering with peaceful possession and enjoyment in respect of R.S.No. 570/2C, AC.2-49 Cts of Velru Village. 7. The said suit was dismissed on 22.02.2023 citing that the plaintiff approached the court with unclean hands and accordingly the plaintiff is not entitled for the relief of permanent Injunction in respect of R.S.No.570/2C. 8. It is to submit that, no appeal was preferred against the order in O.S. No.07/2016 by the petitioner or by his father. 4 NV, J W.P.NO.11322 OF 2025 9. It is to submit that, the R.S.No.570/2, AC.0-69 Cts of Veleru Village is purely Government land and belongs to Revenue Department. 6. Learned Assistant Government Pleader further submits that as per the entire revenue record and also as per the decree passed by the Court below in O.S.No.7 of 2016 filed by the father of the petitioner against the respondents herein, the subject land is classified as Government land and except that land the respondents are not interfering with peaceful possession and enjoyment of the land in R.S.No.570/2C as claimed by the petitioner. 7. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and on perusal of the material on record as well as the written instructions submitted by the 3rd respondent, it is observed that the petitioner claiming his rights by way of succession in respect of the subject land i.e., in Sy.No.570/2C admeasuring Ac.2-49 cents when the respondents are interfering the possession of the father of the petitioner, a suit in O.S.No.7 of 2016 was instituted on the file of Principal Junior Civil Judge, Nuvzid, requesting to grant permanent injunction against the respondent Nos. 2 & 3 herein, wherein the Court below after full-fledged trial, decreed the suit against the petitioner on 22.02.2023. Therefore, in view of the judgment and decree passed by the Court below, the claim of the respondents in respect of land admeasuring Ac.0-69 cents in Sy.No.570/2 has became final, since, no appeal is preferred by the father of the petitioner against the judgment and decree. The respondents further stated that they are not interfering with the 5 NV, J W.P.NO.11322 OF 2025 land of the petitioner in Sy.No.570/2C, except Ac.0-69 cents in Sy.No.570/2. There is no bifurcation of Sy.No.570/2 as 2C, 2B, 2A, but in the absence of the same the claim of the petitioner in respect of the land in Sy.No.570/2C through sale deed in the year 1998 should be rectified by the revenue authorities. For which the petitioner is at liberty to take appropriate steps. However, in view of clear and categorical admission on the part of the respondents that they are not interfering with the peaceful possession and enjoyment of the property of the petitioner except Ac.0-69 cents in Sy.No.570/2, they shall not interfere with the peaceful possession of the petitioner without following due process of law. However, the petitioner is entitled to make an appropriate application to the respondent authorities for sub-division and on receipt of any such application the respondents shall pass appropriate orders, in accordance with law. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:30.04.2025 LSP 6 NV, J W.P.NO.11322 OF 2025 208 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11322/2025 Date:30.04.2025 LSP