RRR,J & TCDS,J WA_864_2025 1 APHC010102592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL No.864/2025 Writ Appeal under clause 15 of the Letters Patent to present the above Writ Appeal questioning the Judgement dt.30-01-2025 passed in WP No 20859/2011, Between: 1.SHAIK SAYED PEERA, S/O.SHAIK SAYED PEERA, OCC EX-MILITARY MAN, R/O.UDDIKATTA STREET, PORUMAMILLA VILLAGE AND MANDAL, Y.S.R. DISTRICT ANDHRA PRADESH ...APPELLANT AND 1.N SHASHI KUMAR REDDY, S/O. MALAKONDA REDDY HAVALDAR 51 ENGINEER REGIMENT, C/0.56APO, CHANDIGAD, R/O. K. KOTTALA, KASINAYANA MANDAL Y.S.R. DISTRICT, AP 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA, AP ...RESPONDENT(S): RRR,J & TCDS,J WA_864_2025 2 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 condone the delay of 143 days in representing the W.A.Sr.No.7560/2025 and pass IA NO: 2 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 petitioner’s possession over the land to an of Ac. 1.85 in Survey No.1274/13, Rangasamudram Village, Porummamilla Mandal, Y.S.R.Kadapa District, Andhra Pradesh pending disposal of the above writ appeal and pass Counsel for the Appellant: 1.PULI VENKATA VISWANADH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.T VIJAY HANUMAN SINGH The Court made the following: RRR,J & TCDS,J WA_864_2025 3 HON’BLE SRI JUSTICE RAO RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL No.864 OF 2025 JUDGMENT:- (Per Hon’ble Sri Justice T.C.D. Sekhar) 1. The present appeal is directed against order dated 30.01.2025 passed in WP No.20859 of 2011. 2. The 1st respondent in the present appeal filed the above writ petition questioning the action of Tahsildar, Porumammilla Mandal in interfering with the petitioner rights over land admeasuring an extent of Ac.1.85 cents in Sy.No.1274/13 of Rangasamundram Village, Porumammilla Mandal, YSR Kadapa District at the instance of the appellant. 3. It is the case of the 1st respondent that he was assigned the above mentioned land while he was a serving Soldier by virtue of D-Form patta No.DKT/34/1418, dated 09.01.2009. It is further stated that he has been cultivating the said land and the respondent authorities also issued pattadar pass books and title deed in respect of the subject land. It is further stated that when the 4th respondent interfered with the possession of the 1st respondent on the ground that the appellant is also claiming right over the very RRR,J & TCDS,J WA_864_2025 4 same land, questioning the said interference of the Tahsildar, and the appellant, the 1st respondent filed writ petition and initially a learned Single Judge by order dated 25.07.2011 directed the respondent authorities not to interfere with possession of the 1st respondent except in accordance with the due procedure laid down by law. 4. The respondent Nos.2 to 4 did not file counter affidavit in the said writ petition. The appellant filed counter affidavit stating that under the scheme of agricultural land to Ex-servicemen, he applied for assignment of agriculture land and the said request was accepted and initially an extent of Ac.3.50 cents in Sy.No.1015-B was assigned and later a further extent of Ac.1.85 cents in Sy.No.1274/13 i.e., the subject land was assigned in his favour under Ex-servicemen quota vide DKT patta No.30/1419, dated 29.06.2009. It is further stated that the 1st respondent in collusion with the then Village Revenue Officer-II obtained the assignment in his favour over the land in dispute. It is further stated that the 1st respondent was never in possession of the subject land. 5. The learned Single Judge while allowing the writ petition, though discussed with regard to the merits of the matter, on perusal of the operative portion, it is succinctly clear that the RRR,J & TCDS,J WA_864_2025 5 order was confined in respect of possession over the land in dispute. Further, during the course of hearing, the learned Senior Counsel Sri K.Chidambaram appearing for Sri Puli Venkata Viswanadth for appellant and Sri T.Vijay Hanuman Singh appearing for the 1st respondent would submit that the question with regard to the entitlement of the parties over the subject land has to be gone into by the competent authority i.e., the District Collector. Since neither of the parties challenged the validity of the DKT-patta issued, this Court is not inclined to go into the said aspect. 6. As already noted supra, the learned Single Judge allowed the writ petition by directing the respondent Nos.2 to 4 and the appellant herein not to interfere with the possession of the 1st respondent over the subject land, since the question with regard to the claim over the subject land had not been gone into in the writ petition, we do not wish to interfere with the order under challenge. However, having regard to the submissions made by the counsel for the appellant and the 1st respondent, the District Collector, YSR Kadapa District is directed to conduct enquiry with regard to the claim of the appellant and the 1st respondent over the subject land i.e., an Ac.1.85 cents in Sy.No.1274/13 of Rangasamundram Village, Porumammilla Mandal, YSR Kadapa District and pass RRR,J & TCDS,J WA_864_2025 6 appropriate orders after issuing notice to them. Needless to mention that before passing such order, the District Collector is further directed to afford opportunity of being heard to all the parties concerned. 7. With the above observations the present writ appeal is disposed of. There shall be no no order as to costs. As a sequel, pending applications, if any shall stand closed. JUSTICE RAO RAGHUNANDAN RAO JUSTICE T.C.D. SEKHAR 26.09.2025 DR RRR,J & TCDS,J WA_864_2025 7 20 THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WA No.864 of 2025 Date 26.09.2025 DR