APHC010598762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30893/2025 Between: 1. KANUMURI NARASIMHA RAJU, S/O KANUMURI RAMARAJU, AGED ABOUT 68 YEARS, R/O, D/N0.51-1- 1/299/16F/1619, LANSUM OXYGEN TOWERS, OPP RYTHU BAZAR, SEETHAMMADHARA, VISAKHAPATAM, VISAKHAPATANAM DISTRICT. 2. KANUMURI SRIDHAR VARMA,, S/O KANUMURI NARASIMHA RAJU, AGED ABOUT 45 YEARS, R/O, D/N0.51-1-1/299/16F/1619, LASUM OXYGEN TOWERS, BESIDE RYTHU BAZAR, SEETHAMMADHARA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS.. PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT. 3. THE MANDAL PARISHATH DEVELOPMENT OFFICER, PAYAKARAOPET VILLAGE AND MANDAL, ANAKAPALLI 2 DISTRICT. 4. THE PAYAKARAOPET GRAM PANCHAYAT, REP. BY IT EXECUTIVE OFFICER, PAYAKARAOPET VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. 5. THE PAYAKARAOPET GRAM PANCHAYAT, REP. BY IT PANCHAYAT SECRETARY, PAYAKARAOPET VILLAGE AND MANDAL, ANAKAPALLI 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 may be pleased toPleased issue a writ more particularly one in the nature of wirit of mandamus declaring the impunged high handed action of the respondents in interfering with the land of the petitioners bearing Plot No. 15 admeasuring 561 Square Yards, in Survey No. 132/3B in Payakaraopet Panchayat, Nakkapalli Taluk, Visakhapatnam District( Presently Anakapalli District) as highly illegal arbitrary and violation of 14 and 300-A and consequentially forbear the respondents from interfering with the land of the petitioners, bearing Plot No.15 admeasuring 561 Square Yards, in Survey No. 132/3B in Payakaraopet Panchayat, Nakkapalli Taluk, Visakhapatnam District( Presently Anakapalli District) without following due process of law 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 direct the respondents not to interfere with the land of the petitioner bearing Plot No. 15 admeasuring 561 Square Yards, in Survey No. 132/3B in Payakaraopet Panchayat, Nakkapalli Taluk, Visakhapatnam District (Present Anakapalli District) to an pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 3 1. T M K CHAITANYA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER: Challenging the action of the respondent authorities in trying to interfere with or dispossess the petitioners from the land admeasuring 561 Sq. yards (plot No.15) situated in Sy.No.132/3B of Payakaraopet Panchayat, Nakkapalli Taluk, Visakhapatnam District (presently Anakapalli District), without following due process of law, the present writ petition is filed. 2. Heard Sri T.M.K. Chaitanya, learned counsel for the petitioners, Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that the petitioners are the absolute owners of the subject property and claim right over the said property by way of a registered sale deed of the year 2013. He further submitted that this Court, by interim order dated 07.11.2025, protected the interest of the petitioner, directing the respondent authorities not to interfere with the subject property 4 except in accordance with law. As such, prayed to pass appropriate orders treating the interim order as final orders. 4. Learned Standing Counsel, on instructions, contended that the subject property was handed over to the Gram Panchayat in the year 1985 upon formation of layout, as the subject land is an open space. In view of the same, the petitioner has no right over the subject property. The writ petition is merit less and deserves to be dismissed. 5. Perused the record and considered the submissions. 6. The petitioner is claiming right over the subject property by virtue of a registered sale deed of the year 2013. The contention of the learned Gram Panchayat is that the subject property was handed over to the Gram Panchayat in the year 1985 upon formation of layout, as the subject land is an open space, and therefore, the petitioners does not have any right or title over the subject property. Though such contention is raised by the learned Standing Counsel, no document evidencing transfer or vesting of the subject property in favour of the Gram Panchayat has been placed before this Court. In the absence of any material to show that the land belongs to the Gram Panchayat and particularly, when the petitioner is claiming right over the subject property by 5 relying on a registered sale deed, this Court cannot go into the merits and demerits of the case and decide whether the petitioner is having legal right or title over the subject property or the Gram Panchayt. Such disputed questions of title are required to be adjudicated before the appropriate Court. 7. As stated supra, since the petitioner is in possession of the subject property and it is a well settled principle that possession follows title, this Court, to meet the ends of justice, is inclined to pass orders treating interim order as final order. “The respondent authorities are directed not to interfere with or dispossess the petitioner from the land admeasuring 561 Sq. yards (plot No.15) situated in Sy.No.132/3B of Payakaraopet Panchayat, Nakkapalli Taluk, Visakhapatnam District (presently Anakapalli District), except in accordance with law.” 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 08.12.2025 ANS 6 339 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30893/2025 Date: 08.12.2025 ANS