APHC010277492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 934 of 2026 Bench Sr.No:- 5 [3584] Emily Coles Memorial Primary and High School ...Appellant Vs. Stanton Memorial Telugu Baptist Church No. 814 and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 22nd September 2026 Present : Advocate for Appellant: Mr. M Srikanth Advocate(s) for Respondent(s): Mr .J. Sudheer for R.1, GP Municipal Admn., and Urban Development for R.2, Mr. P Vengala Reddy for R.3 LISA GILL, CJ: Appellant is aggrieved of amendment / rectification carried out by learned Single Judge, vide order dated 12.12.2025, in its decision dated 11.09.2025. Respondent / writ petitioner had filed W.P. No. 31539 of 2017 challenging action of Kurnool Municipal Corporation directing writ petitioner to remove structures in Survey No.123. 2. Learned counsel for appellant submits that first and foremost, appellant was not even arrayed as a party to proceedings, whereas it is an admitted position that there is a dispute regarding property. Appellant does not have 2 HCJ & CGR, J W.A. No:934 of 2026 any objection to any order, which may be passed in respect to Ac.0.56 ½ cents as was done initially on 11.09.2025. However, it is by way of I.A. No. 3 of 2025 being filed subsequently that in place of Ac.0.56 ½ cents in Survey No.123, writ petitioner sought the extent of the land to be mentioned as Ac.1.45 cents. 3. It is further submitted that even as per the pleadings of writ petitioner, it is specifically stated that land originally belonged to American Baptist Foreign Mission Society, out of lands in Survey No. 123, an extent of Ac.11.76 cents was allotted to present appellant i.e., ECM Primary and High School, Kurnool and an extent of Ac. 0.56 ½ cents was allotted to writ petitioner (church). This is duly noted by learned Single Bench. 4. It is submitted that learned Single Bench has duly noted the factum of pending litigation between the parties including writ appeal No.696 of 2016, which is pending consideration and undisputed part of land is to the extent of Ac.0.56 ½ cents only. Therefore, there was no occasion for carrying out rectification to incorporate the extent of land to be Ac.1.45 cents and issue an amended order and particularly, in absence of present appellant, who was admittedly not arrayed as party to the proceedings. With such an amendment being made, rights of present appellant are directly affected. It is thus prayed that impugned order be set aside and matter be placed before learned Single Judge for a decision afresh after affording an opportunity of hearing to present appellant. 3 HCJ & CGR, J W.A. No:934 of 2026 5. Learned counsel for respondent / writ petitioner has opposed appeal while submitting that prayer / relief as claimed in writ petition is not concerned with present appellant. Dismissal of appeal is sought. 6. We have heard learned counsel for the parties and have perused the file with their assistance. 7. Prayer in writ petition No. 31539 of 2017 reads as under: “It is therefore prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the action of the 1st respondent in issuing the endorsement in Roc No.G2/19761/2017 dated 14.09.2017 directing the petitioner to remove the structures in Sy.No.123 in an extent of Ac.0.56 ½ cents of Kurnool Town, Kurnool within 3 days from the date of receipt of the endorsement as illegal, null and void and violation of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings by setting aside the impugned endorsement in Roc No.G2/19761/2017 dated 14.09.2017 and pass such other order or orders as this hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice. It is also just and necessary that this hon’ble Court may be pleased to grant stay of all further proceedings pursuant to the endorsement in Roc No.G2/19761/2017 dated 14.09.2017 including demolition of the structures in Sy.No.123 in an extent of Ac.0.56 ½ cents of Kurnool Town, Kurnool pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case.” 8. Reference was made to joint survey report dated 01.09.2017, to submit that constructions carried out by writ petitioner are over land measuring Ac. 1.45 cents. There is admittedly a title dispute between present appellant and writ petitioner in respect to land beyond Ac.0.56 ½ cents. Litigation between parties in respect thereto is admittedly pending. 9. In the given facts and circumstances, rectification carried out by learned Single Bench in I.A. No. 3 of 2025 is set aside. As appellant has no objection 4 HCJ & CGR, J W.A. No:934 of 2026 to initial order dated 11.09.2025 passed by learned Single Bench, wherein extent of land is mentioned as Ac.0.56½ cents, matter is directed to be placed before learned Single Bench for consideration of I.A. No. 3 of 2025 after affording an opportunity of hearing to present appellant, who is directed to be impleaded as party to writ petition. It is clarified that there is no expression of opinion on merits of matter which is in the realm of consideration by learned Single Bench. 10. Writ Appeal is accordingly disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J akn Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 5 HCJ & CGR, J W.A. No:934 of 2026 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Appeal No:934 of 2026 DATE : 22.09.2026 AKN 107