IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10832 OF 2025 Between: Bangarugari Dileep, S/o. Munirathnam, Aged about 30 Years, Occ: Agriculture, R/o. Urandur, Sri Kalahasthi Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati District at Tirupati. 3. The Revenuve Divisional Officer, Srikalahasti, Tirupati District. 4. The Tahsildar, Srikalahasti Mandal, Tirupati District District. 5. The Srikalahastiswara Swamy Temple, Rep by its Executive Officer, Srikalahasti, Tirupati District. ...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 order or direction more particularly in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in trying to dispossess the Petitioner from his land an extent 3.66 cents in Survey No. 92/7, situated at Uranduru Village, Srikalahasti Mandal, Tirupati District Without issuing any notice or without conducting any enquiry as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the Petitioners property an extent of 3.66 cents in Survey No. 92/7, situated at Uranduru Village, Srikalahasti Mandal, Tirupati District. lA 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 to direct the Respondents not to interfere with the Petitioners property an extent of 3.66 cents in Survey No. 92/7, situated at Uranduru Village, Srikalahasti Mandal, Tirupati District. Counsel for the Petitioner: SRI BANDI SRIHARI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI T.VENU GOPAL, SC FOR ENDOWMENTS The Court made the following: ORDER % APHC010217672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10832/2025 Between: Bangarugari Dileep ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.BANDI SRIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10832/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from his land an extent Ac.3.66 cents in Survey No.92/7 situated at Uranduru Village, Srikalahasti Mandal, Tirupati District without issuing any notice or without conducting any enquiry as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioner’s propertyan extent of Ac. 3.66 cents in Survey No. 92/7 situated at Uranduru Village, Srikalahasti Mandal, Tirupati District and pass such other order." 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the land admeasuring to an extent of Ac.3.66 cents in Sy.No.92/7 at Uranduru Village, Srikalahasti Mandal, Tirupati District was assigned to the grandfather of the petitioner by way of ryotwari patta in the year 1976. Since then, the petitioner’s predecessors are in possession and enjoyment of the subject property. Considering the title and possession of the petitioner’s predecessors, the petitioner was issued pattadar passbook and adangals and declared as pattadar of the subject property. While things stood thus, the respondents are interfering with the possession and enjoyment of the subject property, without adhering to the due procedure contemplated under the law. Hence, the Writ Petition. 4. Learned Government Pleader for the respondents furnished the written instructions issued by the respondent dated 28.04.2025, where in it is stated as follows; as “While the statue of the land is as above, the then Tahsildar, Srikalahasti has mutated the Dillep S/o.B.Munirathnam basing on the unregistered gift deed dated 24.09.2020 executed by A.Manjula two others. As such the action of the then Srikaiahasti is prime facie irregular as the subject land as per name of one and Tahsildar, u/as not granted ryothwari patta to anybody records. Until unless ryothiwari patta is granted under the provisions of the act, nobody will get any right over the land. Thus the propriety of the then Tahsildar, Srikalahasti in entertaining the appelications/claims without verification of the cognizability of the documents and old records is irregular and without following due procedure and granted pattadar pass books which liable for cancellation. are I submit that, though ryothwari patta the land to anybody and no transactions are taken place over the land, basing on the unregistered transactions made by one A.Manjula and two others carried out and pattadar pass books one Dileep S/o.B.Munirathnam vide khata which IS opposing the provisions of A.P. ROR Act, 1971 was not granted for mutation was were granted to No. 1373 % 4 and also provisions of A.P. (Inams Abolition and Conversion in to ryothwari act) 1956. In view of the above, report has been submitted to the Revenue Divisional Officer, Srikalahasti for cancellation the entries made for the land in Sy.No.92/7 measuring an extent of Ac.3.66 cents of Uranduru Village, under the provisions of Section 9 of A.P. ROR Act, 1971 as the entries were made irregularly and obtained PPB/TD fraudulently. ” 5. Learned Government Pleader for the respondents submits that the petitioner or his predecessors were not granted any ryotwari patta in respect of the subject land. The claim of the petitioner that his grandfather was granted ryotwari patta is not duly issued by the competent authority. But for one reasons or the other the petitioner got mutated his name as pattadar against the subject land, without there being any basis. As such, the respondents would follow due process of law as per the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 and ROR Act, 1971. 6. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions submitted by the learned Government Pleader for the respondents. this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, if he is in possession, without following due process of law as contemplated 5 under the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 and ROR Act, 1971. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. j Sd/- M SRINIVAS ASSISTANT registrar //TRUE COPY// SECtTON OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Tirupati District at Tirupati. The Revenuve Divisional Officer, Srikalahasti, Tirupati District. The Tahsildar, Srikalahasti Mandal, Tirupati District District. The Executive Officer, Srikalahastiswara Swamy temple, Srikalahasti, Tirupati District. One CC to Sri Bandi Srihari, Advocate [OPUO Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Sri T.Venu Gopal, SC for Endowments. [OPUC] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. gi HIGH COURT DATED:01/05/2025 ORDER WP.No. 10832 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS