Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVAT (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT : HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3773 OF 2025 Between: Kandiagunta Sudha, W/o. Sasi Kumar Reddy, Aged about 29 R/o.Lingamgunta Village, Anamthasagaram Mandal, SPSR Nellore District. years. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, SPSR Nellore District. ,
3. The Revenue Divisional Officer, Atmakur Revenue Division, SPSR Nellore District. 4. The Tahsildar, Ananthasagaram Mandal, SPSR Nellore District. 5. Gram Panct^at, Rep by its Panchayat Secretary, Ananthasagaram village andJVfandal, SPSR Nellore District. 6. G.Shaik Gulab, W/o Khaja Rasool Komati veedhi, Ananthasagaram village and Mandal, SPSR Nellore District.
...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order or direction more particularly the nature of writ of Mandamus declaring the action of Petition under Article 226 of the Constitution of India one in 4th respondent in
issuing house site patta vide 406/2024 dated 10-06-2024 with the same boundaries which is earlier granted to the petitioner vide Patta No.397/2024 in Sy.No 911 dated 24/05/2024 cents and consequently set aside the house site to 6th respondent to an extent of 0.03 patta which is granted to 6th respondent vide 406/2024 dated 10-06- 2024 which is in conflict to her patta as illegal, arbitrary and without any authority of law lA NO: 1 OF 2Q2fi 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 pleased to direct the 4th respondent to stop any constructions sought to be made by the 6th respondent in Petitioner’s house site patta iand granted to her under Jagananna colony scheme vide Patta No.397/2024 in Sy.No 911 an extent of Ac.0.03 cents pending the Writ Petition ' dated: 24/05/2024 to Counsel for the Petitioner: SRI K CHINNA VENKAT REDDY Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI MATTEGUNTA SUDHEER Counsel for the Respondent No.6: None The Court made the following: Order
::1:: APHC010070142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3773/2025 Between: ...PETITIONER Kandiagunta Sudha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.
K CHINNA VENKAT REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE
2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3773/2025 This Court made the following
ORDER: Heard learned counsel for the Petitioner and learned Government Pleader for Revenue and perused the material placed on record.
2.
Learned counsel for the Petitioner submits that the Petitioner was granted house site patta vide Patta No.397/2024 in Sy.No.911, dated 24.05.2024 to an extent of Ac.0.03 cents and the petitioner has been in peaceful possession and enjoyment of the subject property as per the boundaries mentioned therein in Sy.Nos.911, situated at Ananthasagaram Village, Ananthasagaram Mandal, SPSR Nellore District. While so, the 6*^ Respondent was also granted patta bearing Patta
3. No.406/2024, dated 10.06.2024 in Sy.No.911 with same extent and with same boundaries vis-a-vis patta granted in favour of the Petitioner.
Learned counsel for the Petitoner submits that granting of same patta with same boundaries in favour of the respondent is nothing but replacing the patta of the Petitioner in respect of house site by another
4. person without following due process of law.
Learned counsel further I
3 submits that a representation dated 03. favour of the petitoner which IS filed. Considering the same, the 4*" enquiry, rectified the same and issued 02.2025 for change of patta iin was granted in favour of the 6*" respondent respondent herein after having corrected patta by changing the boundaries on 19.03.2025. While so, the 6-^ respondent and others interfering with the peaceful possession and enjoyment of the petitioner's are subject property. Hence, the writ petition. 5. On the other hand, leanred Government written instructions submitted by the 4*^ as under; Pleader furnished the respondent, wherein it is stated
“4. The writ petitioner approached the 4*^ in the another place in the same problems with the 6*^ respondent. 5. Accordin^y, the 4* respondent shown an extent of Ac 0 03 cents in the same Sy.No.911 of Ananthasagaram v°llaqe the I* respondert.''^'^'' respondent to allot a site survey number to avoid
6. Hence, the 4'"' respondent herein 19.03.2025 on the petitioner. 7. The writ petitioner is the native of Lingamgunta Villaae Anantasagaram Mandal. The village i ' ^ ^ from Ananthsagaram Village. 6. Considering the submissions of both placed on record, it is observed that the claim of the same subject land was granted in favour of the Petitioner alter the boundaries c.. possession certificate having with the writ on of IS situated 3 KMs away the counsels and material petitioner that the as well as the
4 6'^^ Respondent. Pursuant to the representation and after inspection, the 4*^ respondent alterered the boundaries and allotted the subject land to an extent of Ac.0.03 cents in the Sy.No.911 of Ananthasagaram Village, in favour of the Petitioner and issued altered patta on 19.03.2025. 7. In view of the reasons stated above, the petitioner is entitled to hold the patta with alterations made by the 4**^ respondent dated 19.03.2025 with absolute rights subject to provisions of the patta. Therefore, the Respondents herein are directed not to interfere with the peaceful possession and enjoyment of petitioner’s property with altered boundaries dated 19.03.2025 without following due process of law. 8. With the above observations, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications, if any shall stand closed. Sd/- K KASIRAO ACHARI assistant registrar //TRUE COPY// To. SECTION OFFICER
2. The District Collector, SPSR Nellore Revenue District. Officer, Atmakur Revenue Division
3. The Revenue Divisional Nellore District. .
SPSR
4. The TahsMar, Ananthasagaram Mandal, SPSR Nellore District, and Mandal^sl^sl^^Ndlore '^"^"‘hasagaram village
£
6. One CC to SRI K CHINNA VENKAT REDDY Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] MATTEGUNTA SUDHIR, Standing Counsel for ZPP MPP, Gram Panchayat [OPUC] Three CD Copies
7. 8. 9. gsg > -■ a ■»
HIGH COURT DATED: 05/05/2025 \
ORDER WP.No.3773 of 2025 2!SFP 2025 ^ . Current Section X m disposing the wp WITHOUT COSTS