APHC010480452023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24917/2023 Between: 1. K KALEEM BHASHA, , S/O. K. ABDUL GAFFER, AGED 52 YEARS, OCC. BUSINESS, R/O. H.NO.4 KURNOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3. THE DISTRICT PANCHAYAT OFFICER, (KURNOOL DISTR KURNOOL, ANDHRA PRADESH. 4. THE DIVISIONAL PANCHAYAT OFFICER, ADONI DIVISION, ADONI, KURNOOL DISTRICT. 5. THE GRAM PANCHAYAT MANDAGERI, REPRESENTED BY ITS SECRETAIY, MANDAGERI VILLAGE, ADONI MANDAL, KURNOOL DISTRICT 6. THE TAHSILDAR, ADONI 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24917/2023 K KALEEM BHASHA, , S/O. K. ABDUL GAFFER, AGED 52 YEARS, OCC. BUSINESS, R/O. H.NO.4-343-39/2, TELECOM NAGAR, ADONI, KURNOOL DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. THE DISTRICT PANCHAYAT OFFICER, (KURNOOL DISTR KURNOOL, ANDHRA PRADESH. THE DIVISIONAL PANCHAYAT OFFICER, ADONI DIVISION, ADONI, KURNOOL DISTRICT. THE GRAM PANCHAYAT MANDAGERI, REPRESENTED BY ITS SECRETAIY, MANDAGERI VILLAGE, ADONI MANDAL, KURNOOL THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT ...RESPONDENT(S): RC,J W.P.No.24917 o 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI K KALEEM BHASHA, , S/O. K. ABDUL GAFFER, AGED 52 YEARS, 39/2, TELECOM NAGAR, ADONI, ...PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. THE DISTRICT PANCHAYAT OFFICER, (KURNOOL DISTRICT), THE DIVISIONAL PANCHAYAT OFFICER, ADONI DIVISION, ADONI, THE GRAM PANCHAYAT MANDAGERI, REPRESENTED BY ITS SECRETAIY, MANDAGERI VILLAGE, ADONI MANDAL, KURNOOL MANDAL, KURNOOL DISTRICT ...RESPONDENT(S): RC,J W.P.No.24917 o 2023 2 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 declaring the action of the Respondent Authorities in interfering with the possession and trying to dispossess the Petitioner in respect of the land ad- measuring Ac.1-61 Cents (Out of Ac.2.61 Cents) situated in RS.No. 449-1 of Mandagiri Village, Adoni Mandal, Kurnool District without notice and following the procedure established under the law by approaching a Civil Court as illegal, arbitrary and violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution and consequently direct the Respondent Authorities not to interfere with the possession and enjoyment of the Petitioner in respect of the subject land. IA 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 not to interfere with the possession and dispossess the Petitioner in respect of the land ad-measuring Ac.1-61 Cents (out of Ac.2.61 Cents) situated in RS.No.449-1 of Mandigiri Village, Adoni Mandal, Kurnool District in any manner including uprooting the trees. IA NO: 2 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 vacate the interim orders passed on 22-09-2023 through IA No. 1 of 2023 in WP No. 24817 of 2023 and also dismiss the writ petition in the interest of justice. IA NO: 3 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 pleased to vacate the interim order dt.22-09-2023 in I.A.No.1 of 2023 in the W.P.No.24917 of 2023 and dismiss the W.P.No.24917 of 2023 in the interest of justice. Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: RC,J W.P.No.24917 o 2023 3 ORDER This writ petition is filed questioning the action of the respondent authorities in interfering with the possession and trying to dispossess him from the land admeasuring Ac.1-61 cents situated in R.S.No.449-1 of Mandagiri Village, Adoni Mandal, Kurnool District, without notice and without following the procedure established under law. 2. It is the claim of the petitioner that he purchased the subject property under registered sale deed dated 23.11.2022 and name of his vendors reflected in revenue records. To substantiate his claim, the petitioner placed on record the sale deed as well as Adangal & 1-B. The revenue records show that vendors of the petitioner are the pattadars as well as enjoyers of the subject property. 3. The Panchayat authorities filed counter affidavits contending that the subject property is open site left for communal purposes of the layout approved vide L.P.No.137/88-B and eversince the approval of the layout the said open site vests with the Gram Panchayat and accordingly the subject site has been in possession of the Gram Panchayat. The sale made by the petitioner does not bind the Panchayat. Accordingly, prayed to dismiss the writ petition. 4. Heard Sri M.R.K.Chakravarthy, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj. RC,J W.P.No.24917 o 2023 4 5. The learned counsel submitted arguments in tune with their pleadings. 6. Perused the material available on record. The sale deed shows that the petitioner purchased the subject property and the revenue records reflect the names of his vendors as pattadars as well as enjoyers of the subject property. Despite taking a specific stance that the subject property is open site left for communal purposes of an approved layout, the Panchayat authorities did not place any sort of material to substantiate their claim. 7. Going by the material available on record, the panchayat authorities had failed to prove that the subject property is a open site of approved layout as contended by them. 8. In view of the above, this writ petition is disposed of, directing the authorities not to interfere with the possession and enjoyment of the petitioner over the subject property, except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 2nd December, 2025. RR