1 APHC010609272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31622/2025 Between: 1. PEESA SAVITHRI, W/O. ESWARA RAO, AGED 50 YEARS, R/O. PALLISARADI VILLAGE, VAJRAPUKOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTURDISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, PALASA MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 3rd respondent in entering the land of the petitioner in dispute register i.e., an extent of Ac. 0.49 cents in Sy. Nos. 183/10,183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam District and also in interfering with the peaceful possession and enjoyment of the property of the petitioner i.e., the total extent 2 of Ac. 0.96 cents in Sy. No. 183/2, 183/5, 183/10, 183/14 and183/15 of Parasamba Village, Palasa Mandal, Srikakulam District covered under registered document in Document No. 443/2017 dated 18.02.2017 as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India, consequentially, direct the respondents more particularly respondent No.3 not to interfere with the peaceful possession and enjoyment of the property of the petitioner i.e., the total extent of Ac. 0.96 cents in Sy. No. 183/2, 183/5, 183/10,183/14 and183/15 of Parasamba Village, Palasa Mandal, Srikakulam District covered under registered document in Document No. 443/2017 dated 18.02.2017 and pass IA NO: 1 OF 2025 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 direct the respondents more particularly respondent No. 3 not to interfere with the peaceful possession and enjoyment of the property of the petitioner i.e., the total extent of Ac. 0.96 cents in Sy. No. 183/2,183/5,183/10, 183/14 and183/15 of Parasamba Village, Palasa Mandal, Srikakulam District covered under registered document in Document No. 443/2017 dated 18.02.2017 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31622 of 2025 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in entering the land of the petitioner i.e., an extent of Ac.0.49 cents in Sy.Nos.183/10,183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam District in dispute register and also in interfering with the peaceful possession and enjoyment of the property of the petitioner i.e., the total extent of Ac.0.96 cents in Sy.Nos.183/2, 183/5, 183/10, 183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam District covered under registered document vide Document No.443/2017, dated 18.02.2017 as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India and consequently direct the respondents more particularly respondent No.3 not to interfere with the peaceful possession and enjoyment of the property of the petitioner i.e., the total extent of Ac.0.96 cents in Sy.Nos.183/2, 183/5, 183/10,183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam District covered under registered Document in Document No. 443/2017 dated 18.02.2017…” 4 2. Learned counsel for the petitioner submits that originally the land to an extent of Ac.0.96 cents in Sy.Nos.183/2, 183/5 183/10, 183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam District originally belongs to the husband of the petitioner as ancestral property and his name was mutated in the revenue records (including 1-B and adangal) and pattadar passbooks and title deeds were also issued in his favour. The husband of the petitioner originally owned Ac.1.42 cents in Sy.No.183 and its sub-divisions and out of the same, he gifted Ac.0.96 cents to the petitioner. Though the petitioner made efforts to mutate the name of the petitioner in the revenue records, the respondents has not acted upon the same. Further, the 3rd respondent without issuing any notice and without providing any opportunity of hearing has recorded the land i.e., Ac.0.49 cents pertaining to Sy.Nos.183/10, 183/14 and 183/15 into dispute register and they are trying to interfere with the possession of the petitioner in the total extent of Ac.0.96 cents in Sy.Nos.183/2,183/5,183/10,183/14 and 183/15 of Parasamba Village, Palasa Mandal, Srikakulam, which is illegal and arbitrary. Aggrieved by the said action, the present Writ Petition is filed. 3. Learned Government Pleader on instructions has submitted that the as per Fair Land Register(FLR) of Parasamba Village, the land to an extent of Ac.2.04 cents in Sy.No.183/2 is classified as „Grazing land‟ and as per Field Measurement Book(FMB) of Parasamba @ Kottaparasamba Village, Sy.No.183 consists of only 8 sub-divisions and not 15 divisions as claimed by the petitioner. It is further stated that Sy.Nos.183/10, 183/14 and 183/15 of 5 Parasamba Village were kept in dispute register on 01.04.2017 with the remarks “wrong survey numbers entered in webland” in order to prevent further wrong registrations. In fact, in the said instructions, they have also placed reliance on BSO 15(3) and according to the same, grazing land cannot be assigned or alienated. Further, it is stated that basing on the complaint received by the public, the 3rd respondent inspected the land in Sy.No.183/2 to an extent of Ac.1.68 cents along with the Mandal Surveyor and the concerned Village Revenue Officer and found that the said land has been encroached. 4. Considering the said instructions and also the submissions of the learned counsel for the petitioner, as the petitioner is relying on the gift deed, dated 18.02.2017 executed in favour of the petitioner as well as the entries made in favour of the husband of the petitioner, this Court is not inclined to go into the merits of the case and inclined to dispose of the Writ Petition at the stage of admission. 5. Accordingly, this Writ Petition is disposed of at the stage of admission, directing the respondents not to dispossess the petitioner and not to interfere with the peaceful possession of the petitioner over the subject land without following due process of law. If the subject land is a grazing land and if anybody entered into the grazing land, the respondent authorities are at liberty to take appropriate steps and pass appropriate orders as per the Land Encroachment Act, 1905 or any other relevant Act. There shall be no order as to costs. 6 Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. _____________________ JUSTICE D.RAMESH Date : 21.11.2025 TM 7 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31622 of 2025 Date: 21.11.2025 tm 8