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2026 DAILYLAW 11819 (AP)

Kannekanti Srihari Rao v. THE STATE OF AP

WP/10919/2019 · 2026-09-21

V Sujatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010244392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10919/2019 Between: 1. KANNEKANTI SRIHARI RAO, S/O LATE BASAVAIAH, AGED ABOUT 52 YEARS, OCC CULTIVATION AND COOLIE, R/O SEETHARAMPURAM VILLAGE, NUZVID MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NUZVID, KRISHNA DISTRICT. 4. THE THASILDHAR, NUZVID MANDAL, KRISHNA 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 to to issue an appropriate Writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with the petitioner possession enjoyment and threatening to evict from the dry 2 VS,J W.P.No.10919 of 2019 land admeasuring Ac.2-00 cents in survey No.4 of Marribandam Village, Nuzvid Mandal, Krishna District, without following procedure, as illegal, arbitrary and violative of principles of natural justice and violation of Articles 14,21, and 300-A of the constitution of India and Consequently direct the Respondents and their officials not to interfere with petitioner possession and enjoyment of dry land admeasuring Ac.2-00 cents in survey No.4 of Marribandam Village, Nuzvid Mandal, Krishna District, without following procedure and pass IA NO: 1 OF 2019 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 not to interfere with petitioner possession and enjoyment of dry land admeasuring Ac.2- 00 cents in survey No.4 of Marribandam Village, Nuzvid Mandal, Krishna District, pending disposal of the above writ petition and pass IA NO: 1 OF 2026 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 may be pleased to implead the petitioner herein as 2nd petitioner being legal representatives of deceased sole petitioner in W.P. No. 10919 of 2019, and to pass Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.10919 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate Writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with the petitioner possession enjoyment and threatening to evict from the dry land admeasuring Ac.2-00 cents in survey No.4 of Marribandam Village, Nuzvid Mandal, Krishna District, without following procedure, as illegal, arbitrary and violative of principles of natural justice and violation of Articles 14,21, and 300-A of the constitution of India and Consequently direct the Respondents and their officials not to interfere with petitioner possession and enjoyment of dry land admeasuring Ac.2-00 cents in survey No.4 of Marribandam Village, Nuzvid Mandal, Krishna District, without following procedure and pass…” 2. The land admeasuring Acs.7.96 cents in Sy.No.4 of Maribandam village, Nuzvid mandal, Krishna district is a Government poramboke; the petitioner and his ancestors have been in possession of Acs.2.00 cents of the subject land since 1950 by cultivating crops. It is the case of the petitioner that though he made several representations to the competent authorities seeking patta in relation to the subject land, the same was not considered. 3. While the matter stood thus, the 4th respondent visited the subject land and allegedly threatened the petitioner of dispossession from the same. Aggrieved by the same, the present writ petition is filed. 4 VS,J W.P.No.10919 of 2019 Pending the present writ petition, as the petitioner died, his legal representative filed an implead petition before this Court vide I.A.No.1 of 2026 and the same is ordered vide separate docket order dated 22.09.2026. 4. When the matter came up for hearing on 07.08.2019, this Court passed the following interim order: “…Hence, there shall be interim direction to respondents to follow the procedure established under law before evicting the petitioner from the subject land.” 5. In spite of several adjournments, the respondents have not chosen to file a counter affidavit. 6. Heard Ms. Ch. Yamini, learned counsel representing Sri. Sreenivasa Rao Velivela, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 7. Perused the entire material available on record. In the case on hand, it is an admitted fact that the petitioner’s father has submitted several representations to the respondent authorities since 1977 to grant patta in his favour considering his long possession over the subject land and also the fact that he has been paying cist. But, however, without considering the said representations, the respondent authorities started interfering with the peaceful possession of the petitioner over the subject land, which in the considered opinion of this Court is untenable. 5 VS,J W.P.No.10919 of 2019 8. In view of the same, this writ petition is disposed of directing the respondent authorities not to interfere with the petitioner’s possession over the subject land admeasuring Acs.2.00 cents in Sy.No.4 of Maribandam village, Nuzvid mandal, Krishna district, without following due process of law. However, the petitioner is at liberty to submit fresh representation to the concerned authorities requesting to grant patta in his favour and on receiving the said representation, the respondents shall consider the same in accordance with law, considering the long standing possession of the petitioner and his ancestors. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA Date:22.09.2026 Gss