APHC010030282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1956/2026 Between: 1. P. CHAITHNYA,, W/O P.MANIKANTA, AGED ABOUT 58YEARS, RESIDENT OF DOOR NO. 19-10-86/A NEW INDIRA NAGAR, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. 2. P. ESWARI,, W/O P. BUJJI, AGED ABOUT 60 YEARS, RESIDENT OF DOOR NO. 19-10-84/4, NEW INDIRA NAGAR, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. 3. A. CHANDRA SEKHAR,, S/O A. VENKATESH, AGED ABOUT 59 YEARS. RESIDENT OF DOOR NO. 1-44, OLD D TYPE QUARTERS, TIRUMALA, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT. ANDHRA PRADESH. 4. A. PUSHAMMA,, W/O A. CHINABBA, AGED ABOUT 61 YEARS. RESIDENT OF DOOR NO. 81, NEW F TYPE QUARTERS, TIRUMALA, TIRUPATI DISTRICT, ANDHRA PRADESH. 5. S.K. SOBHA, W/O B. RAMESH, AGED ABOUT 60 YEARS RESIDENT OF DOOR NO. 11-512, NAVAJEEVAN COLONY, RAJIV NAGAR, JEEVAKONA, TIRUPATI URBAN, TIRUPATI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT 2 BKM,J W.P.No.1956 of 2026 BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATI, A.P. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT 3. THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATI, TIRUPATI 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 tomay be pleased to issue Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the highhanded action of the respondents more particularly Respondent No. 3 in interfering with the peaceful possession and enjoyment of petitioners in the survey NO.173/5 vide Plot No.2,3,4,5,6 Which is an extent of 44 X 30 feet each to all the Petitioners, Of Konkachenniahgunta Revenue Village of Chintalachenu, Tirupati Urban Mandal, Tirupati District and trying to disposes us from the subject property without following the procedure and without issuance of any mandatory notice is illegal, arbitrary, unconstitutional, and without jurisdiction, and consequently direct the 3rd respondent not to interfere with the peaceful possession and enjoyment of the Petitioners in the survey NO. 173/5 vide Plot No.2,3,4,5,6 Which is an extent of 44 X 30 feet each to all the Petitioners, Of Konkachenniahgunta Revenue Village of Chintalachenu, Tirupati Urban Mandal, Tirupati District, and pass such 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 direct the Respondents not to disposes the petitioners from the subject property in the survey NO. 173/5 vide Plot No.2,3,4,5,6 Which is an extent of 44 X 30 feet each to all the Petitioners, Of Konkachenniahgunta Revenue Village of Chintalachenu, Tirupati Urban Mandal, Tirupati District without following the procedure as mandated under law and without issuance of prior notice and pass such Counsel for the Petitioner(S): 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.1956 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the action of the respondents more particularly the respondent No.3 in interfering with the peaceful possession and enjoyment of the petitioners’ plots in the survey No.173/5 vide Plot Nos.2,3,4,5,6 which is an extent of 44 X 30 feet each to all the petitioners, of Konkachenniahgunta Revenue Village of Chintalachenu, Tirupati Urban Mandal, Tirupati District and trying to disposes the petitioners from the subject property without following the procedure and without issuance of any mandatory notice. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 23.01.2026 submits that as the land is a water course poramboke, such lands cannot be settled, assigned or not available for granting of patta. The Government is the rightful owner of such lands. Hence, they are notified under Section 22-A of the Prohibitory Properties list restraining registrations over such lands of the Registration Act, 1908. No pattas were granted or issued to anybody including the petitioners herein for the land in Sy.No.173/5 of Konka Chennaiahgunta Village. The purported enjoyment and possession certificates produced by the petitioners herein are false and not emanated from the official records. On verification, it is noticed that the Serial Nos.422, 4 BKM,J W.P.No.1956 of 2026 423, 424, 425 and 426 are related to the issuance of birth certificates. Since the subject land is a water body and for communal purpose, the petitioners herein or anyone will not be allowed to construct any structure on the subject land and the revenue authorities would follow the due procedure. 4. In view of the above said facts and circumstances, since the subject lands in Sy.No.173/5 of Konkachenniahgunta Revenue Village, is a water course poramboke, no relief can be granted in this writ petition. However, the respondent Nos.2 and 3 are directed to protect the subject lands strictly in accordance with law from any kind of encroachments by following the due process of law. The said written instructions shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 11.02.2026 PGT