IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR-^ WRIT PETITION NO: 22222 OF 2022 Between: Smt. Dwaraseela Narayanamma, W/o. Madhava Reddy, aged 60 years, R/o. Pathapadu Village, Cheerladinne Gram Panchayat, Kanigiri Mandal, Prakasam District, Andhra Pradesh ...PETITIONER AND The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue Department) Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. The District Collector, Prakasam District at Ongole, Andhra Pradesh. The Revenue Divisional Officer, Ongole, Prakasam District, Andhra Pradesh. The Tahsildar, Kanigiri Mandal, Prakasam District, Andhra Pradesh. The Village Revenue Officer, Cheerladinne Village, Kanigiri Mandal, Prakasam District, Andhra Pradesh. The Station House Officer, Kanigiri Police Station, Prakasam District, Andhra Pradesh. Smt. Karnati Seethamma, W/o. Gopal Reddy, aged major, Rio. Pathapadu Village, Cheerladinne Gram Panchayat, Kanigiri Mandal, Prakasam District, Andhra Pradesh. Phone- 9948119339, Email- Iakshmirafi9@gmail.com 1. 2. 3. 4. 5. 6. 7. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent no. 4 in issuing notice in Rca/378/2021 dated 24.01.2022 to appear before the 3'"'^ respondent as well as the consequential proceedings dated 11.05.2022 in Rca/378/2021 issued by the 5th respondent with respect to the survey done behind the petitioner herein in Sy. No. 510/1 to an extent of Ac. 05.07 cents situated at Cheerladinne Revenue Village, Kanigiri Mandal, Prakasam District, Andhra Pradesh as well as in confirming the title in favour of the 6th respondent as illegal, arbitrary and also deciding the title of the petitioner as without jurisdiction and also exceeding the limits of executive authority as well as oppose to Article 300-A of the Constitution of India as well as oppose to principles of natural justice and also oppose to Article 14 of the Constitution of India consequentially direct the respondents 2 to 6 herein not to interfere with lawful possession over the property in Sy. No. 510/1 to an extent of Ac. No. 510/1 to an extent of Ac. 05.07 cents situated at Cheerladinne Revenue Village, Kanigiri Mandal, Prakasam District, Andhra Pradesh under the guise of notice in Rca/378/2021 dated 24.01.2022 as well as the consequential proceedings dated 11.05.2022 in Rca/378/2021 issued by the 5**^ respondent. lA NO: 1 OF 2022 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.tq direct the respondents 2 to 6 herein not to interfere with the lawful possession over the property in Sy. No. 510/1 to an extent of Ac. 05.07 cents situated at Cheerladinne Revenue Village, Kanigiri Mandal, Prakasam District, Andhrq Pradesh under the guise of notice in Rca/378/2021 dated 24.01.2022 as wejl as the consequential proceedings dated 11.05.2022 in Rca/378/2021 issued by the 5th respondent pending disposal of the above writ petition. Counsel for the Petitioner; SMT. A. VARALAKSHMI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR HOME Counsel for the RespondentNo.7;— The Courtmade the following:ORDER m APHC010367752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.22222/2022 Between: ...PETITIONER Smt. Dwaraseela Narayanamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.AVARALAKSHMI Counsel for the Respondent{S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: ORDER:- 1. The petitioner claims that she is the absolute owner and possessor of land admesuring an extent of Ac.5.07 cents in Sy.No.510/1 of Cheerladinne Revenue Village, Kangiri Mandal, Prakasam District. 2. It is further case of the petitioner that she has been possession of the land for the past 40 years and her name also mutated in revenue records viz., Form-I(B) and Adangals during the year 2009. It is further stated that she made a representation dated 08.10.2018 to the 2"^^ respondent seeking to grant DKT patta in her favour over the subject land. She further claims that she also made another representation dated 16.08.2021 in Spandana programme. It is her further case that when the said representations were pending consideration, the 4'^^ was respondent issued impugned notice dated 24.01.2022 asking her to appear before him with all records in support of her claim over the subject lands. The said notice was issued on the representation made by the 7'^ respondent who also claim right over the subject land. 3. It is further case of the petitioner that she appeared before the 4"’ respondent on 04.02.2022 as directed and placed material in support of her claim. It is the specific case of the petitioner that without passing any orders pursuant to notice dated 04.02.2022, the 4'^ respondent addressed letter dated 11.05.2022 to the 3'”'^ respondent confirming the right respondent over the subject land. It is further case of the petitioner without conducting any enquiry the said letter of T or passing any orders, was addressed to the 3^'^ respondent and questioning the notice dated 24.01.2022 and letter 11.05.2022 issued by the 4*^ respondent, the present writ petition is filed. dated 4. The 4*^^ respondent filed counter affidavit stating that the subject land was assigned in favour of 7*^ respondent in proceedings vide F.D.No.130/1418, dated subsequently pattadar pass books and title deeds issued in her favour vide kata No.659. It is further stated that the 7“' respondent made a complaint 20.12.2021 stating that the petitioner and her family members were obstructing her from entering into the subject land. It is further stated an inspection was carried out pursuant to the said representation made by the 12.11.2008 and were also writ 7‘^ respondent and it is revealed that the subject land is in illegal occupation of the writ petition. In view of the same, notice dated 24.01.2022 was 5. issued to the petitioner asking her to produce documents in support of her claim over the land in dispute after receipt of the the petitioner did not produce any documents to conducted based on said notice, prove her title. Thereafter, a survey material available in the office of the 4"' respondent and the same was respondent for information. The 4 the counter affidavit that the forwarded to the 3' respondent specifically stated in petitioner does not have any right over the subject land and she is in illegal occupation. It is further stated the present writ petition is not maintainable inasmuch as the same is filed questioning the was notice. 6. Heard counsel for the petitioner, learned Assistant Government Pleader for Revenue. Perused material available on record. 7. It is not in dispute that the subject land was assigned in favour of 7‘^ respondent on 12.11.2008. On perusal of the "counter affidavit filed by the 4''^ respondent, it is clear that the writ 8. petitioner is in possession of the subject land. It Is also the case of the 7‘^ respondent that the writ petitioner illegally occupied the subject land, without having any irght. Further, pursuant to the representation made by the Z" respondent a notice was issued to the petitioner and the petitioner claims that the 4*'' respondent on 04.02.2022 with all she appeared before relevant documents in contrary the 4^^ respondent not appear before 24.01.2022 was issued to the petitioner, nothing is stated in the counter affidavit as to what action is initiated thereafter. support of her claim. On the specifically denied that the writ petitioner did him nor produced any record. Though notice dated 9. Taking Into consideration of submissions made by both counsel, the present writ petition is disposed of directing the 4‘^ respondent to enquire into the matter and pass appropriate orders in the matter after affording an opportunity of being heard to both the petitioner and the 7^^ respondent. The said exercise shall be completed within a period of six (06) weeks from the date of receipt of copy of the order. 10. With the above observations, the disposed of. No order as to costs. writ petition is V As a sequel, pending applications, if any, shall stand closed. Sd/- SHAIK MOHD. R^AFl assistANT^REGi^TI^AK //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary ( Revenue Department), State of Andhra Pradesh Secretariat B'bildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Prakasam District at Ongole, Andhra Pradesh. 3. The Revenue Divisional Officer, Ongole, Prakasam District, Andhra Pradesh. 4. The Tahsildar, Kanigiri Mandal, Prakasam District, Andhra Pradesh. 5. The Village Revenue Officer, Cheerladinne Village, Kanigiri Mandal, Prakasam District, Andhra Pradesh. 6. The Station House Officer, Kanigiri Police Station, Prakasam District, Andhra Pradesh. 7. One CC to Smt. A. Varalakshmi, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT ssb TCDS,J DATED:01/05/2025 I 0 6 JUN 2025 I Current Section . Co ORDER WP.No.22222 of 2022 DISPOSING OF THE W.P. WITHOUT COSTS