APHC010539402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28166 OF 2023 jfl ...t / Between: 1. Pilla Sankara Venkata Surya Prakasa Rao, S/o Venkata Jagadeeshwara Rao, Aged about 50yrs, Occ. Business R/o Flat No. 106, Durga Elite Chikoti Garden, Begumpet Hyderabad 2. Smt. Pilla Padma, W/o Pilla Sankara Venkata Surya Prakasa Rao Aged about 41yrs, Occ. Housewife R/o Flat No. 106, Durga Elite Chikoti Garden, Begumpet Hyderabad y ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department Secretariat, Velagapudi Guntur District 2. The District Collector, Anakapalli, Anakapalli District 3. The Tahsildar, Anakapalli mandal Anakapalli District 4. Pattaneshetty Ravi Subash, District Collector Anakapalli, Anakapalli 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in not vacating the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt plus Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No.1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District even though the 2nd respondent is not using the said premises as Camp Office and causing damage for non-maintenance of the building and not paying the rental amount due to the petitioners in terms of Registered Lease Deed bearing Doc.No.3116/2022, dt.25-03-2022 as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to vacate the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt plus Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No. 1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District and deliver the same to the petitioners and clear the arrears of monthly rent due to the petitioners forthwith in the interest of justice. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Hjgh Court may be pleased to direct the respondents to pay the monthly rent together with due to the petitioners in respect of the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt + Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No.1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District in pursuant to the registered Lease Deed bearing Doc.No.3116/2022, dt.25-03-2022 pending disposal of the writ petition in the interest of justice. arrears lA NO: 1 OF 2024 Between: 1. The District Collector, Anakapalli, Anakapalli District 2. The Tahsildar, Anakapalli mandal Anakapalli District Petitioners/Respondents AND 1. Pilla Sankara Venkata Surya Prakasa Rao, S/o Venkata Jagadeeshwara Occ. Business R/o Flat No. 106, Durga Elite Chikoti Rao, Aged about SOyrs Garden, Begumpet Hyderabad W/o Pilla Sankara Venkata Surya Prakasa Rao Aged 2. Smt. Pilla Padma, about 41yrs, Occ. Housewife R/o Flat No.106, Durga Elite Chikoti Garden Begumpet Hyderabad Respondents/Petitioners 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department Secretariat, Velagapudi Guntur District 4. Pattaneshetty Ravi Subash, District Collector Anakapalli, Anakapalli District Respondents/Respondents (R3 & R4 are not necessary parties in this petition) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant leave to the Respondent No.3 in the Writ Petition No. 28166 of 2023 to file counter affidavit in the above Writ Petition. Counsel for the Petitioners: SRI P NAGENDRA REDDY Counsel for the Respondents No.1 to 3: GP FOR REVENUE Counsel for the Respondents No.4:— The Court made the following order: APHC010539402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28166/2023 Between: 1.PILLA SANKARA VENKATA SURYA PRAKASA RAO, S/0 VENKATA JAGADEESHWARA RAO AGED ABOUT 50YRS, OCC. BUSINESS R/0 FLAT NO.106, DURGA ELITE CHIKOTI GARDEN, BEGUMPET HYDERABAD 2 SMT PILLA PADMA, W/O PILLA SANKARA VENKATA SURYA PRAKASA RAO AGED ABOUT 41YRS, OCC. HOUSEWIFE R/0 FLAT NO.106, DURGA ELITE CHIKOTI GARDEN, BEGUMPET HYDERABAD ...PETITIONER(S) AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY REVENUE DEPARTMENT VELAGAPUDI GUNTUR DISTRICT ANAKAPALLI 2.THE DISTRICT COLLECTOR, ANAKAPALLI, DISTRICT 3.THE TAHSILDAR, ANAKAPALLI MAN DAL ANAKAPALLI DISTRICT DISTRICT COLLECTOR 4.PATTANESHETTY RAVI SUBASH, ANAKAPALLI, ANAKAPALLI DISTRICT ...RESPONDENT(S): y. 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in not vacating the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt plus Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No.1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District even though the 2nd respondent is not using the said premises as Camp Office and causing damage for non maintenance of the building and not paying the rental amount due to the petitioners in terms of Registered Lease Deed bearing Doc.No.3116/2022, dt.25-03-2022 as arbitrary, illegal and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to vacate the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt plus Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No.1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District and deliver the same to the petitioners and clear the arrears of monthly rent due to the petitioners forthwith in the interest of justice. lA NO: 1 OF 2023 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 respondents to pay the monthly rent together with arrears due to the petitioners in respect of the house bearing H.No.20-2-7 admeasuring 5,150 Sq.ft., consisting of Stilt + Ground and First Floor together with land extent 1,160 Sq.Yds situated in Sy.No.1126/4, Karrivari Street, Gavarapalem, Anakapalle, Anakapalli District in pursuant to the registered Lease Deed bearing Doc.No.3116/2022, dt.25-03-2022 pending disposal of the writ petition in the interest of justice. lA NO: 1 OF 2024 ' 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 grant leave to the Respondent No.3 in the Writ Petition No. 28166 of 2023 to file counter affidavit in the above Writ Petition and Counsel forth© Petitioner(S): pass 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORDER Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for the respondents. 2. The above writ petition has been filed to declare the action of the respondent in vacating the house bearing No.20-2-7 consisting of Stilt + Ground + First floors in an extent of 1,160 square yards situated in I S.No.1126/4, Karrivari Street, Gavarapalem, Anakapalli, Anakapalli District, though the 2"^^ respondent has not been using the premises as camp office and not paying rental amount in terms of registered lease deed bearing document No.3116 of 2022 dated 25.03.2022, as illegal and arbitrary. 3. The petitioners are the absolute owners of the residential house bearing H.No.20-2-7 consi5.iing of Stilt + Ground + First floors in Karrivari Street, Gavarapalem, Anakapalli. The Anakapalli District was formed with effect from 02.04.2022. The O'"* respondent approached the petitioners to let out the house for a camp office of the 2"^ respondent. After negotiations, the respondents agreed to pay a monthly rent of Rs.77,250/- per month, payable on or before the day of every month. A lease agreement was entered into on 25.03.2022 for 24 months. The 4'^ respondent was posted the District Collector, and he is not interested in using the building as a office. The 4*^ respondent has taken a farmhouse on rent, which is as camp situated about 7 KM from Anakapalli. The respondents failed to pay the monthly rent, and Hence, the 1®* petitioner requested the respondents 2 and 3 to vacate the house pay paying the rental amount. A notice through the advocate was issued on 01.10.2022, requesting the 2 nd respondent to terminate the lease and hand over the house and also to clear the rental amount. The respondents 2 and 3, having received the same, failed to respond. The petitioners filed P.L.C.No.112 of 2023 before the Mandal Legal Services Authority, Anakapalli and later withdrew the same. Assailing the acts of respondents, this writ petition has been filed. 4. a) A counter affidavit was filed by the 3'^^ respondent, contended, inter alia, that before the bifurcation of Anakapalli District, due to non-availability of suitable Government buildings in Anakapalli, instructions were issued by the erstwhile District Administration to the Revenue Divisional Officer and the Tahsildar, Anakapalli, to identify private buildings for utilizing the same as a camp office for the District officials. The then Revenue Divisional Officer and the Tahsildar. Anakapalli, identified the aforementioned building for using the same as a camp office and entered into the alleged agreement vide document No.3116 of 2022 It was dated 25.03.2022 for 2 years with certairi conditions. The Tahsildar, Anakapalli, paid interest interest-free security deposit of Rs.2,31,750/- through cheque bearing No.004880. dated 31.03.2022, which is refundable. The petitioners failed to hand over the building. The efforts made by the Tahsildar to get possession of the building were futile. The respondents never occupied the premises, and hence, vacating the premises does not arise, nor does the payment of monthly rents. b) Since the petitioners failed to hand over the subject premises, the respondents secured another premises to utilize for the camp office. The petitioners are aware that the respondents never occupied the premises and are also aware that the respondents secured another premises as a office. The petitioner did not cooperate to settle the issue. In camp obedience to the order passed by this Court on 01.07.2024, the Tahsildar cancelled the registered lease deed vide document No. 15948 of 2024 dated 04.07.2024. The Tahsildar also conducted panchanama on 12.07.2024 as the order of this Court and eventually prayed to dismiss the writ petition. per 5. A reply affidavit was filed by the petitioners. It was contended, inter alia, that by the date of registration of the lease agreement, possession of the house along with keys was handed over to the 3’’'^ respondent. After the lease deed was prepared by the 3'^^ handing over possession respondent. After handing over possession of the house along with keys, the petitioners left for Hyderabad. The 4*'^ respondent, along with the 3^^^ respondent and other officials, inspected the house on 04.04.2022, and the same was recorded in CCTV, and the petitioners have seen the same from their cell phone connected to CCTV. As per the wish of the 4* respondent, the other respondents selected the house bearing D.No.3-320 in Shankara village, Anakapalli Mandal. The 3^" respondent entered into a lease deed with Pampana Anantha Lakshmi on 08.04.2022 and joined as a tenant in the said premises, and the same is used as a camp office till 31.05.2023. respondent shifted to another building in Plot No.31 in Thereafter, the 4 Kalapala Elite of Koduru village, Anakapalli Mandal and a lease deed was executed on 07.06.2023. Recently, the Government constructed a building for the purpose of a camp office. The 3''^' respondent, for the reasons best known, neither cancelled the lease deed nor paid the rent. The petitioners kept the house idle. Learned counsel for the petitioners argued, reiterating the contentions as per the averments in the affidavit and reply. Learned 6. Assistant Government Pleader for Revenue argued, reiterating the contentions as per the averments in the counter affidavit. 7. Now, the point for consideration is: Whether the petitioners are entitled to the reliefs as sought? 8. As seen from the pleadings, a registered lease was entered into by the 3'"' respondent with the petitioners on 25.03.2022 for 24 months. Thereafter, the 4^'' respondent, along with others, inspected the petitioners house on 04.04.2022. The 3'^^ respondent entered into another lease agreement on 08.04.2022 with Pampana Anantha Lakshmi and used the said premises as a camp office till 31.05.2023. rd Thereafter, the 3 respondent entered into a lease with B.Simhachalam Naidu on 07.06.2023 and used the said premises till the Government constructed a building for the camp office. 9. According to the petitioners, the building was handed over to the 3"'^ respondent even before the lease was entered into. However, the 3'^'^ respondent denied delivery of possession of the, building. In fact, the 3'^^ respondent pleaded that the petitioners, having received the security deposit of Rs.2,31,750/- through cheque bearing No.004880 dated 31.03.2022 (3 months' rent, which is refundable), failed to hand over the premises. Since the petitioners failed to hand over the premises, the 3 respondent entered into a lease with Pampana Anantha Lakshmi for another premises on 08.04.2022, within four days from the date of inspection of the petitioners’ building i.e. on 04.04.2022. rd 10. No doubt, in pursuance of the interim order dated 01.07.2024, the lease deed entered into with the petitioners was cancelled on 04.07.2024, and the respondent also conducted panchanama on 12.07.2024. As seen from the pleadings, it is an undisputed fact that the building of the petitioners, despite the registered lease deed, was not used as a camp office. rd The petitioners alleged handing over possession, and the 3 It is oath against oath. Normally, the 11. respondent denied the same, disputed questions of fact will not be adjudicated by this Court while exercising judicial review under Article 226 of the Constitution of India. The petitioners are aware of the other two lease agreements entered into by the 3^^ respondent. In Rourkela Shramik Sangh Vs. Steel Authority of India Ltd. and another \ it is held that the disputed questions of fact could not be entertained in the writ proceedings. In Paragraph-22, the Hon’ble Apex Court held as follows: "22. ...a disputed question of fact normally would not be entertained in a writ proceeding. This aspect of the matter has also been considered by a Constitution Bench of this Court in Steel Authority of India Ltd. Vs. National Union Waterfront Workers, (2001) 7 SCC 1...." In Dharam Dutt Vs. Union of India^, the Hon'ble Supreme Court held that such highly disputed questions of fact which cannot be determined except on evidence are not fit to be taken up for adjudication in the exercise of writ jurisdiction. The premises of the petitioners, as seen from the material on record, occupied by the respondents and hence, vacating the premises 12. 13. 14. were never does not arise. ’ AIR 2003 SC 1060 : (2003) 4 SCC 317 ^ AIR 2004 SC 1295 : (2004) 1 SCC 712 ' ^ The other relief sought by the petitioners regarding payment of the rental amount, in the considered opinion of this Court, the petitioners have to approach the jurisdictional Civil Court; in fact, it requires evidence. Unless and until the respondents admit the payment of the amount to the petitioners, the writ petition under Article 226 of the Constitution of India is not maintainable. A writ petition can be maintained, in case of no dispute regarding the quantum of the amount. In the case at hand, if the petitioner is entitled to the amount, it needs to be determined, and such must be done by presenting proper evidence. 15. an exercise. Given the facts and circumstances of the case, this Court does not find any merit in the writ petition, and the writ petition is liable to be dismissed. 16. 17. Accordingly, the Writ Petition is Dismissed. No order as to costs. It is made clear that the observations, if any are made, are only to render the order and the same will not come in the way of petitioners in proving their claim before the competent Civil Court. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P.V NOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to SRI. P NAGENDRA REDDY, Advocate [OPUC] GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 2. Two CCs to 3. Two CD Copies nm \ HIGH COURT DATED:30/07/2025 ORDER WP NO. 28166 OF 2023 gf 01 NOV 2025 ^ .y^Ss^urrent aection^^ J DISMISSING THE WP WITHOUT COSTS