APHC010017002022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1292/2022 Between: 1. SMT. KURUVA LAKSHMI,, W/O. KURUVA AYYALAPPA, AGED ABOUT 36 YEARS, DAILY LABOR, BANAVASI VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, YEMMIGANURU MANDAL, KURNOOL DISTRICT. 5. KURUVA SANJAMMA, W/O., KURUVA AYYANNA AGED 70 YEARS, R/O.,BANAVASI VILLAGE, YEMMIGANURU MANDAL, KURNOOL DISTRICT. ...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 2 may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the certificate issued by the 4th respondent in RC.B. 5086/2020 Dt. 23.10.2020 certifying the 5th respondent is in possession and enjoyment of the land to an extant of Ac. 0.68cts in Sy. No. 125-B2 of Banavasi Village, Yemmiganur Mandal, Kurnool District as bad illegal arbitrary contrary to the provisions P.O.T. Act, 1977 and A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Rules in A.P. Rights in Land and Pattadar Pass Books Rules, 1989 and consequently set aside the same and direct the respondents not to interfere with the possession of the petitioner's property admeasuring Ac. 0.68cts in Sy. No. 125-B2 of Banavasi Village, Yemmiganur Mandal, Kurnool District, in the interest of justice and to pass IA 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 pleased to direct the respondents not to interfere in the physical possession of the petitioners in an extent of Ac. 0.68cts in Sy. No. 125-B2 of Banavasi Village, Yemmiganuru Mandal, Kurnool District by suspending the certificate Dt. 23.10.2020 of the 4th respondent pending disposal of the above writ petition in the interest of justice and to 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 grant leave to the petitioners herein/Respondents No.4 in the WP.No.1292 of 2022 to file the counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. V S K RAMA RAO Counsel for the Respondent(S): 1. BUTTA VIJAYA BHASKER 2. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned counsel for the 5th respondent. 2. This writ petition was filed questioning the certificate issued by the 4th respondent in RC.B. 5086/2020 dated 23.10.2020 certifying that the 5th respondent is in possession and enjoyment of the land to an extent of Ac.0.68 cents in Sy.No.125-B2 of Banavasi Village, Yemmiganur Mandal, Kurnool District. 3. The learned counsel for the petitioner submits that the impugned certificate was issued by the 4th respondent dated 23.10.2020 without verifying the records and physical inspection made to ascertain the rights of the petitioner and as well as the 5th respondent before issuing any certificate. The petitioner was given D-form (7) patta for the said land in an extent of Ac.0.68 cents in Sy.No.125-B2 of Banavasi Village, Yemmiganur Mandal, Kurnool District by the 4th respondent dated 12.08.2011. Ever since, she has been in possession and enjoyment of the same. The adangal/ pahani copy dated 15.12.2020 discloses the name of the petitioner for the said extent. Whereas, without verifying all these, the 4th respondent issued the impugned certificate in favour of the 5th respondent, as if she is in possession and enjoyment of the subject extent. 4 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the then Revenue Officers issued enjoyment certificate to the respondent basing on the reports of the field level officers and also with the support of the village revenue records i.e., from the village adangal which is maintained for every fasli year by the concerned. The 5th respondent was in possession and enjoyment of the subject lands from Fasli 1400 to 1424. The writ petitioner is in possession and enjoyment of the land in Sy.No.125-B2 extent 0.68 cents for the current Fasli as reported by the Village Revenue Officer of Banavasi village, Yemmiganur Mandal. The D-form pattas were issued to the 5th respondent for the subject land in the year 1986 but the alleged D-form patta claimed by the writ petitioner for the subject land for the Sy.No.125-B2 in an extent of Ac.0.68 cents said to have been issued in the year 2011 is very much doubtful with regard to the genuineness of the said pattas. 5. Similarly, the learned counsel appearing for the 5th respondent submits that, the 5th respondent was given D-form patta for the subject extent on 25.06.1986 and ever since, she has been in possession and enjoyment of the same. The 1B (RoR) dated 09.10.2014 discloses the name of the 5th respondent for the subject land. The Mandal Surveyor’s sketch dated 30.01.2015 discloses the name of the 5th respondent for the subject extent as enjoyer and possessor by raising crops. On the application made by the 5th respondent dated 02.01.2015, the Mandal 5 Surveyor gave report dated 30.01.2015 stating that the subject extent is under enjoyment and possession of the 5th respondent by raising crop. 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, it is to be seen that before issuing any possession certificate by the 4th respondent dated 23.10.2020, it appears, no enquiry was conducted specifically hearing the petitioner and the 5th respondent. The documents referred above by the respective parties as detailed above show that, they were issued on different dates not tallying with the particular time of possession and enjoyment. Even according to the counter of the 4th respondent, the genuineness of the above said D-form pattas was doubted but it does not disclose any authenticated verification. Hence, the impugned certificate of the 4th respondent dated 23.10.2020 cannot be solely relied upon to establish any pattas, possession and enjoyment and other rights are concerned. 7. For the reasons stated above, the petitioner is permitted to make fresh representation to the 4th respondent enclosing all the necessary documents in support of her claim within a period of four (4) weeks from the date of receipt of this order. Similarly, the 5th respondent is also permitted to submit her representation enclosing all the necessary documents in support of her claim to the 4th respondent before the above said period of four (4) weeks from the date of receipt of this 6 order. On receipt of such representations from the petitioner and the 5th respondent, the 4th respondent is directed to consider and dispose of the same strictly in accordance with law by hearing all the parties concerned including the petitioner, the 5th respondent and any other person concerned, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits without reference to the impugned certificate dated 23.10.2020. The above said exercise shall be completed within a period of four (4) months from the date of receipt of the representations from the petitioner and the 5th respondent as directed above for the purpose of conducting the above said enquiry. The impugned certificate issued by the 4th respondent dated 23.10.2025 in respect of the subject land i.e., an extent of Ac.0.68 cents in Sy.No.125-B2 is set aside herewith. 8. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.12.2025 NNN