IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6128 OF 2020 Between: Paladugu Venkateswara Prasad, S/o. P. Bhakthavatchalam Naidu, Hindu, aged about 51 years, Occ: Cultivation, R/o. Kammapalli Village and Post, Ramachandrapuram Mandal, Chittoor District, Andhra Pradesh State. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Ramachandrapuram Mandal, Chittoor 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 a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the highhanded action of the respondents in trying to dispossess the petitioner from the agricultural land an extent of Ac. 4.03 cents in Sy.No. 25/45 of Kammapalli Village, Ramachanrapuram Mandal, Chittoor District without following due process of law as the petitioner ancestral acquired the same by way of proceedings of the Settlement Officer, Nellore, vide SR.No.580/64/11(a)CTR, dated. 27.03.1973 Under the A.P. (AA) Estates (Abolition and Conversion into Rythuvari) Act, 1948 and Rules therein, is illegal, arbitrary, unreasonable and violation of Articles 14,19, 21 and 300-A of the Constitution of India. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere or dispossess the petitioner from the agricultural land an extent of Ac.4.03 cents in sy.No.25/45 of kammapalli Village, Ramachanrapuram Mandal, Chittoor District without following due process of law, pending disposal of the writ petition in the interest of justice. lA NO: 1 OF 2023 Between: The Tahsildar, Ramachandrapuram Mandal, Chittoor District. ...PETITIONER/RESPONDENT AND 1. Paladugu Venkateswara Prasad, S/o. P. Bhakthavatchalam Naidu, aged about 51 years, Occ: Cultivation, R/o. Kammapalli Village Ramachandrapuram Mandal, Chittoor District, Andhra Hindu, and Post, Pradesh State. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Chittoor District at Chittoor. 4. The Revenue Divisional Officer, Chittoor, Chittoor District. ...RESPONDENT/RESPONDENT (Respondents 2 to4 are not necessary party in this petition) 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 vacate the interim granted vide lA No. 1 of 2020 dated 16-03- 2020 in WP No. 6128 of 2019 and also dismiss the Writ Petition. Counsel for the Petitioner : SRI CH. VENKAT RAMAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER r APHC010100672020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6128/2020 Between: ...PETITIONER Paladugu Venkateswara Prasad AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CHVENKAT RAMAN Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following order: The writ petition is filed challenging the action of the respondents in trying to dispossess the petitioner from the agricultural land an extent of Ac.4.03 cents in Sy.No.25/45 of Kammapalli Village, Ramachanrapuram Mandal, Chittoor District without following the due process of law. Heard Sri Ch.Venkat Raman, learned counsel for the petitioner, learned 2. Assistant Government pleader for Revenue appearing for the respondents. ▼ m It is contended that the petitioner's grandmother filed an application 3. before the Assistant Settlement Officer, Chittoor, seeking patta for an extent of Ac.4.03 cents. It is stated that the petitioner's grandmother had earlier filed an application under Section 11A seeking patta for an extent of Ac. 19.17 cents. Out of the said extent, pattas were granted in respect of Ac. 15.14 cents in R.S. Nos. 26/1, 27/2, and 26/3, after her lifetime. Consequently, the petitioner's grandmother filed an application for the remaining extent of Ac.4.03 cents before the Assistant Settlement Officer, Chittoor. The said application was rejected, and she filed a revision before the Settlement Officer, Visakhapatnam. The Settlement Officer, Visakhapatnam, 4. called for a report from the Settlement Deputy Tahsildar and, basing on his report, referred the matter to the Settlement Officer, Nellore. The Settlement Officer, Nellore, vide proceedings dated 27.03.1973, 5. after taking into consideration the report of the Deputy Tahsildar that the petitioner's grandmother was in possession of the subject land, and after taking into consideration the patta that was already granted in favor of the petitioner's grandfather, directed that patta be granted in favor of the petitioner's grandmother. It is stated that the said order has become final. The 4*^ respondent filed a counter affidavit in the writ petition, stating that the land in Sy.No.25/45, an extent of Ac.6.62 cents, is classified as Grazing Poramboke. He contends that the petitioner created a fabricated settlement patta for the land in Sy.No.25/IP, to an extent of Ac.4.03 cents. 6. f % vide proceedings dated 27.03.1973. It is stated that the said land was already assigned in the year 1966 by the then Assistant Settlement Officer, Nellore. Since the land is classified as Grazing Poramboke, the petitioner has no right in respect of the said land, and the government is entitled to deal with the same. Learned Assistant Government Pleader, on instructions, submitted that the Tahsildar, vide letter dated 29.01.2025, called for clarification regarding the averments made in the counter affidavit. It was submitted that, vide proceedings dated 27.06.1966, a settlement patta was granted by the Assistant Settlement Officer in respect of S.No.26/3 and 198/3, and not in respect of S.No.25/1P, as averred by the petitioner. A copy of the said proceedings dated 27.06.1966 has also been annexed. 7. :/ A perusal of the same would reflect that the petitioner's grandmother was granted patta in respect of R.S.No.26/3 and 198/3, to an extent of Ac. 13.16 cents. Further perusal of the same would reveal that, though the petitioner's grandmother had asked for patta in respect of R.S.No.25/1P, the 8. same was refused. It appears that, against the said order, a revision was filed before the Settlement Officer, Visakhapatnam, and the same was remitted to the Settlement Officer, Nellore, for adjudication. 9. Therefore, the said contention of the Tahsildar that the patta relied upon by the petitioner is fake and misplaced. Having regard to the contention in advanced, this Court is of the considered view that the respondents shall not dispossess the petitioner from the subject land without following the due procedure under law. 10. In view of the foregoing, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District at Chittoor. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Ramachandrapuram Mandal, Chittoor District. 5. OneCCto Sri Ch. Venkat Raman, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. To, Cnr HIGH COURT DATED:24/02/2025 ORDER WP.No.6128 of 2020 * 2^ MAR 2025 % a 09 . Current Section . ^ ^&£^spatcw^ DISPOSING OF THE W.P. WITHOUT COSTS