IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16110 OF 2024 T v;-. Between: Pinniti Venkata Rao, S/o lakshmu Naidu, Aged 60 years, Occ; Agriculture, R/o. Ravi Valasa Village, Meraka Mudidam Mandal, Vizianagaram District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi,Amaravathi,Guntur District, Andhra Pradesh State. 2. The District Collector, Vizianagaram District, Vizianagaram. 3. The Mandal Tahsildar, Meraka Mudidam Mandal Vizianagaram District. ...RESPONDENTS 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 to issue a Writ. Direction, Order or Orders more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3rd his land respondent in threatening to dispossess the petitioner from admeasuring Ac.2.50 cents in R.S. No.141-6 of M. Ravi Valasa Vilalge Meraka Mudidam Mandal, Vizianagaram District violation of principles of natural justice and violation of articles 14 and 300-A of Constitution of India and as illegal, arbitrary consequently direct the respondents not to dispossess the petitioner from above said land without following due process of Law in the interest of justice. lA NO: 1 OF 209d 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 3'"'^ respondent not to dispossess the land admeasuring Ac.2.50 cents in R.S. No.141-6 of M. Ravi Valasa Vilalge. Meraka Mudidam Mandal, Vizianagaram District Petition. petitioner form his pending disposal of Writ lA NO: 2 OF 7n9A Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be remove the notice board from each in Sy.No.141/6, Ravi Valasa village, Meraka Mudidam Mandal, Viziangaram District in the interest of Justice. pleased to direct the 3^^ respondent to my land in an extent of Ac.2.50 cents. lA NO: 3 OF 2()9d Petition under Section 151 CPC stated in the affidavit filed i pleased may be pleased to representation dt.08.08.2024 made under RTI Act praying that in the circumstances in support of the petition, the High Court may be receive the Additional documents 1) along with the postal receipt, 2) Copy of Manual Adangal, 3) Copy of Digital Adangal (1-B) of my land in an extent of Adm.2.50 Village, Meraka Mudidam Mandal cents in R.S. No. 141/6 of Ravi Valasa Vizianagaram District In the inters of Justice. Counsel for the Petitioner: SRI BOND RAMA SHANKAR Counsel for the Respondent Nos.1 to 3; GP FOR REVENUE The Court made the following: ORDER RAO COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) THURSDAY,THE THIRD DAY OF APWL TWO THOUSAND AND TWENTY FIVE APHC010312572024 \H THE HIGH [3329] m PRESENT VENKATESWARLU NIMMAGADDA honourable SRI JUSTICE XA/PIT PFTITIQM 16110/2024 THE Between; Pinniti Venkata Rao, ...PETITIONER AND ...RESPONDENT(S) Of Andhra Pradesh and Others The State Counsel for the Petitioner; .BONU RAMA SHANKAR RAO Counsel for the Respondent(S); 1.GP FOR REVENUE Court made the following ORDER; 1 The 226 of the Constitution of This Writ Petition is filed under Article India seeking the following relief: -to issue a Writ Direction Order or Orders more Parf/ca/ariy o„e ot ote neture of Writ o, 3rd respondent m ^ ^ r s.No.141-6 of M.Ravi Vatasa land admeasuring Ac.2. vizianaqaram District as iiiegai Viialge, Meraka Mudidam Manda ® violation of "f7slTl1r3oTTcZtltution of India and oonseduently articles 14 ana juu/h u nptitioner from above direct trie ros.ond^tsn.t^d.^ , such other order or orders... said land without justice and to pass 1. Heard the learned counsel for the for the respondents. petitioner and the learned counsel 2. The learned counsel for the petitioner submits issued a 1-B Registered Form that the petitioner was reflecting him as the owner of the subject an extent of Ac.2.50 cents in property, i.e., land admeasuring to R.S.No.141-6 situated i in, Meraka Mudidam Mandai, Vizianagaram District, once the respondent has issued the relevant petitioner as the pattadar and He further submits that documents showing that the the subject land, the petitioner denied. Hence, the present writ petition. possessor of s rights over the subject property cannot be 3. On the other hand, the learned Revenue appearing for the stated that Assistant Government Pleader for respondents filed counter affidavit wherein it is (02) It IS respectfully sumit that the averments of the wnt petitioner In para 1 of the petitioner's affidavit are noyrue and correct. As per the FCO Fair adangal of M.Ravvuvalasa village of Merakamudidam Mandai the land in Sy.No.141-6 measuring Ac. 6.54 cts recorded as AWD (Gayalu). As records this land was per the Revenue , . , assigned to anybody By Clerical mistake the above land was erroneously recorded in Wetland in the name of Smt PinninH Chandramma W/o Lakshmunaidu Venkatamma W/o. Ventakarao for Ac. the year 2012, sy.No.141-6 and Smt Pinninti .2.50 cts each in ^ recorded in the online web land of M.Ravivasa as detailed below:- Pattadar and Enjoyer Extent Classification Khata Sy.No. Extent No. 2.50 272 Pinninti Venkatamma/Venkata 6.54 AWD 141-6 rao 2.50 Pinninti chandaram/lakshmi naidu 270 (7) It is respectfully submit that the writ petitioners have no right or title over the writ petition schedule land, they are approached this court with the fraudulently recorded re-entries in the web land of M.Ravivalasa. The writ petitioners names were not recorded in the FCO fair adangal and 22A Register of M.Ravivalasa village, Merakamudidam mandal. The writ petitioner could not produce any D pattas issued to them at any time by the Revenue authorities. The writ petitioner and his family members are with bad motivation to grab the burial ground and Rasta land being used by the villages filed this writ petition”. Along with the counter affidavit, the enquiry report conducted by the District Collector, Vizianagaram, was also filed, dated 29.03.2025 wherein 4. it is stated that:- (i) It is submitted that the based on the enquiry report of the enquiry officer, it is concluded that the then village revenue officer Pinninti Satyanarayana who is close relative of Smt. Pinninti Chandramma and Smt. Pinninti Venkatamma mother of petitioner and that their names are entered in the manual 1-B as well as in the web land unauthorizedly with maiafide intention and he is the main responsible person officer for porting of the subject land unauthorizedly in both manuai 1-B and in Web land. (ii) It is submitted that sri.Y.Prasad, retired Tahsildar, Sri Dukka Pentayya, retired Tahsildar, Sri Subhash babu are expired. The main culprit in this case P. Satyanarayana retired village M.Ravivalasa also expired recently. Hence there is no possibility to initiate any departmental action against the Tahsildars who are responsible for irregular mutation of Government lands in the name of writ petitioner. The writ petitioner also claiming the writ petition schedule land without having title document or recorded evidence as ancestral property of the writ petitioner. (Hi) It is submitted that during the enquiry, the Enquiry officer established the writ petitioners records manually and in web land portals were entered by the village revenue officer i.e., Satyanarayana without following due process of law and intentionally with malafide motive of the grabbing the government land. revenue officer. names in revenue Sri Pinninti 5. On perusal of the entire report submitted by the learned Assistant Government Pleader and the enquiry conducted by the 2nd respondent, it is evident that the documents submitted by the petitioner along v\/ith the writ petition were created at the behest of the petitioner by the authorities, as stated in the revenue enquiry report submitted by the 2nd respondent, i.e., the District Collector, Vizianagaram, dated 29.03.2025. 6. On perusal of the revenue records filed by the learned Assistant Government Pleader, it is clearly and categorically observed that the admeasuring an extent of Ac.6.54 in Sy. No.141-6 is classified Government land. In the absence of any valid assignment or allotment favour of the petitioner land as in mere reliance on the 1-B Register and pattadar passbooks allegedly to be created by the petitioner’s close relatives who served as revenue officers cannot substantiate the petitioner’s title. Even in the pleadings, the learned counsel for the petitioner has failed to explain how the petitioner acquired title to the subject property, except for the claim that he was issued the said documents, namely the 1-B Register and pattadar passbooks, which is contradicted by the contents of the enquiry report and submissions made by the learned Government Pleader. In view of the reasons stated above, this Court is of the considered opinion that the present writ petition can be disposed of by directing the petitioner to approach the appropriate civil court, in view of the disputed facts concerning the title of the subject property, the petitioner is required invoke the appropriate jurisdiction before a competent Civil court of law. involving questions of title should be substantiated through evidence in properly instituted proceedings. As such, the petitioners rights the subject property cannot be established merely in law without such adjudication. The petitioner shall initiate the appropriate proceedings before the court below within a period of two months from the date of receipt of a copy of this order. Till then, status quo shall be maintained by all parties concerned with respect to the subject property. 7. to The issue over With the above direction, the writ petition is disposed of. There shall 8. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi,Amaravathi,Guntur District, Andhra Pradesh State. The District Collector, Vizianagaram District, Vizianagaram. The Mandal Tahsildar, Meraka Mudidam Mandal Vizianagaram District. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. ssb HIGH COURT DATED:03/04/2025 ORDER WP.No.16110 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS