APHC010004082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 205/2023 Between: 1. A HARINATHA REDDY, S/O. LATE. A.RANGA REDDY, AGED ABOUT 52 YEARS, OCC. BUSINESS. RESIDENT OF D.NO.12-34A, BANGARUCHINNAPALLI VILLAGE, KOTHACHERUVU MANDAL, ANANTHAPURAMU DISTRICT. PRESENTLY RESIDING AT D.NO.6-4- 314, MARUTHI NAGARA, ANANTHAPURAMU TOWN AND DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT. 3. THE TAHSILDAR, ANANTHAPURAMU RURAL MANDAL, ANANTHAPURAMU DISTRICT 4. SRI KRISHNADEVARAYA UNIVERSITY, REP. BY ITS REGISTRAR, ANANTHAPUR, ANDHRA PRADESH - 515003 R4 IS IMPLEADED AS PER THE ORDER OF THIS COURT, DT.27.09.2023 VIDE ORDER PASSED IN I.A.3 OF 2023. ...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 issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the 3rd Respondent herein in trying to dispossess the petitioner from land measuring an extent of Ac.4.00 Cents situate in 2 Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District, without issuing notice, as arbitrary, illegal, unconstitutional and against the principles of natural justice and consequently direct the 3rd Respondent herein not to dispossess the petitioner from land measuring an extent of Ac.4.00 Cents situate in Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District., without following due process of law and pass IA NO: 1 OF 2023 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 Respondent No.3 herein not to interfere with land measuring an extent of Ac.4.00 Cents situate in Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District belonging to the petitioner, pending disposal of t he Writ Petition before this Hon'ble Court. IA NO: 2 OF 2023 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 order dated 03.01.2023 passed in I.A.No.1 of 2023 in W.P.No.205 of 2023 and pass IA NO: 3 OF 2023 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 pass orders impleading the Proposed Respondent No.4 as Respondent No.4 in WP.No.205 of 2023 and in IA.No.1 of 2023 in WP.No.205 of 2023 Counsel for the Petitioner: 1. T NAGARJUNA REDDY Counsel for the Respondent(S): 1. O UDAYA KUMAR SC For S K UNIVERSITY 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.205 OF 2023 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the 3rd Respondent herein in trying to dispossess the petitioner from land measuring an extent of Ac.4.00 Cents situated in Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District, without issuing notice, as arbitrary, illegal, unconstitutional and against the principles of natural justice and consequently direct the 3rd Respondent herein not to dispossess the petitioner from land measuring an extent of Ac.4.00 Cents situated in Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District., without following due process of law and pass such other order or orders…” 2. The short grievance of the petitioner is that the petitioner is the absolute owner of the land admeasuring Ac.4.00 cents situated in Sy.No.291/1 of Itikalapalli Village, Ananthapuramu Rural Mandal, Ananthapuramu District. Originally, the land in Sy.No.291/1 belongs to the Government. The then revenue officials issued D.K.T. Patta dated 13.01.1996 in favour of one Smt. Mannala Gangeswaramma W/o. Peddanna. Since then, she has been in possession and enjoyment of the said property. Thereafter, she mortgaged the property to the Ananthapur District Co-operative Central Bank Ltd., (ADCC Bank) for agricultural purpose. As she unable to pay the dues, bank conducted auction on 11.07.2025, wherein one Sri Desaireddy Sankar Reddy 4 emerged as the successful bidder. The Bank issued a sale certificate dated 14.07.2025 in his favour, mutated his name in all revenue records, and issued pattadar passbooks and title deeds. Subsequently, Sri Desairedddy Sankar Reddy sold the property to the petitioner herein by way of registered sale deed vide document No.5528/2019, dated 04.05.2019. Ever since the date of purchase, petitioner has been in peaceful possession and enjoyment of the said property. Now, the respondents are trying to dispossess the petitioner without following due process of law. Hence, the present writ petition has been filed. 3. Heard Sri T.Nagarjuna Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3 and Sri O.Udaya Kumar, learned Standing Counsel for respondent No.4. 4. The petitioner herein filed I.A.No.3 of 2023 to implead University as respondent No.4 to the writ petition as well as to interlocutory applications. The said I.A. was allowed by this Court on 27.09.2023, and the respondent No.4-University was brought on record. Despite lapse of two and half years, the University has not filed any counter-affidavit. 5. The revenue department had filed counter-affidavit stating that the land admeasuring Ac.8.12 cents in Sy.No.291-1 situated at Itikalapalli Village was never assigned to elseone as per the records available in the office and the said record clearly establishes that the said land is Government Dry Assessed Waste (dotted) land. The said land has been alienated in favour of Sri 5 Krishnadevarya Univeristy for P.G.Centre vide G.O.Ms.No.902, Revenue Department, dated 30.08.1972. Further, no records are available to substantiate any assignment. Therefore, the petitioner cannot claim any right or title over the property. Hence, prayed to dismiss the writ petition. 6. It is the contention of the petitioner that the property was assigned to assignee by name Smt. Mannala Gangeswaramma and she has mortgaged the property to the Ananthapur District Co-operative Central Bank Ltd.,. As she unable to redeem the mortgaged property, the Bank conducted auction, wherein Sri Desairedddy Sankar Reddy purchased the said property and sale certificate was issued on 14.07.2005 and the petitioner subsequently purchased the property vide registered sale deed dated 04.05.2019. 7. According to counter-affidavit, the subject land is Government land and assigned some portion to respondent No.4-University vide G.O.Ms.No.902, Revenue Department, dated 30.08.1972. 8. Admittedly, there is cloud over the title of the subject property. This Court, in exercise of jurisdiction under Article 226 of the Constitution of India, is not inclined to adjudicate disputed questions of title, more so when the counter-affidavit reveals discrepancies regarding the extent of land and assignment. Any such discrepancy or claim to title must be agitated before the appropriate forum. This Court cannot enter into determination of rights and title over property in writ jurisdiction. 6 9. Therefore, the present Writ Petition is dismissed. The petitioner, if so advised, is at liberty to file appropriate proceedings before appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.02.2026 KBN 7 128 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.205 of 2023 Date: 05.02.2026 KBN