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2026 DAILYLAW 16889 (AP)

CHINNA KODANNAGARI RAMA SIDDAIAH v. THE STATE OF ANDHRA PRADESH

WP/4339/2026 · 2026-02-15

B Krishna Mohan

body2026

Judgment text

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APHC010072422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4339/2026 Between: 1. CHINNA KODANNAGARI RAMA SIDDAIAH, S/O. NARAYANA AGED ABOUT 46 YEARS, R/O. D.NO.4/131, GUDIPADU VILLAGE, DUVVUR MANDAL, Y.S.R KADAPA DISTRICT. 2. MALLELLA PEDDAKONDAIAH, S/O. VENKATA PATHI, AGED ABOUT 53 YEARS, R/O. D.NO.4/135, GUDIPADU VILLAGE, DUVVUR MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, Y.S.R KADAPA DISTRICT.516001 3. THE TAHSILDAR, DUVVUR MANDAL, Y.S.R KADAPA DISTRICT.516175 4. K NARAYANA, S/O. CHINNA NARAYANA AGED ABOUT 58 YEARS, R/O. GUDIPADU VILLAGE, DUVVURU MANDAL Y.S.R KADAPA DISTRICT.516175 ...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 2 HBKM,J W.P.No.4339 of 2026 pleased topleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice in Ref.No.B/70/2026, dated 04.02.2026 issued by the respondent No.3 stating that, the respondent No.4 submitted a representation for adjudication of right and title over the land in an extent of Ac. 0.13 cents in Sy.No.56 of Gudipadu Village, Duvvuru Mandal, Y.S.R. Kadapa District and thereby calling upon petitioners to appear before him along with relevant documents, as arbitrary, illegal, colorable exercise of powers and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to the petitioner under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently setaside the same 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 Pleased to grant stay of all further proceedings inpursuance of the Notice in Ref.No.B/70/2026, dated 04.02.2026 issued by the respondent No.3, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. D VIGNESHWAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.4339 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 respondent Nos.1 to 3. 2. The Issuance of notice to the respondent No.4 is dispensed with as no prejudice would cause to him, even if it is disposed of in his absence. 3. This writ petition is filed questioning the notice in Ref.No.B/70/2026, dated 04.02.2026 issued by the respondent No.3 submitted a representation for adjudication of right and title over the land in an extent of Ac.0.13 cents in Sy.No.56 of Gudipadu Village, Duvvuru Mandal, Y.S.R.Kadapa District. 4. The learned counsel for the petitioners submits that the impugned notice on the respondent No.3, is so vague and it does not indicate in what provision the said notice was issued. 5. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the respondent No.3, dated 14.02.2026 submits that the respondent No.3 issued notice to the petitioners to submit the documentary evidences for the above site as detailed in the above said notice of the respondent No.3, dated 04.02.2026. The petitioners’ fore fathers purchased the site in an extent of Ac.0.05 cents in Sy.No.56 from Tippannagari Pedda Subang and Chinna Subbarayaudu. The petitioners’ father Sri Kondannagari Adenna vide document No.282/1980 an extent of Ac.0.08 cents of land was purchased from Yelisetti Seshaiah. But as per the 4 HBKM,J W.P.No.4339 of 2026 Mandal Surveyor report, Duvvur Mandal, the petitioners have constructed houses in the above said site in an extent of Ac.0.14 cents and as per the registered document boundaries mentioned, North side Kottalu (Huts) but now R&B road is adjacent to the petitioners’ house and village elders also stated that the respondent No.4 Sri K.Narayana S/o Chinna Narayana purchased some extent of the land besides the petitioners’ houses. 6. It is submitted that the petitioners objected and opined that the respondent No.4 encroached the land in Sy.No.67, which belongs to the R&B Department in front of the petitioners’ house. The Executive Engineer R&B Department and Revenue Officials had conducted survey and demarcated the boundaries for R&B road and also taken steps to avoid any unauthorized encroachment over the same. The respondent No.4 purchased the land in Sy.No.105 as per the registered document, which is classified as village site poromboke but boundaries are matched for the Sy.No.56. 7. In view of the above said facts and circumstances and upon considering the written instructions of the respondent No.3, dated 14.02.2026, no further orders are necessary in this writ petition, as no further enquiry is required pursuant to the above said notice of the respondent No.3 dated 04.02.2026. However, liberty is given to the petitioners and the respondent No.4 in case of any grievance or cause of action to move appropriate applications before the appropriate authority, who shall act upon the same in turn by issuing a fresh 5 HBKM,J W.P.No.4339 of 2026 notice, if so warranted. The written instructions of the 3rd respondent dated 14.02.2026 shall be made as part of the Court record. 8. 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 16.02.2026 RMD THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN 6 HBKM,J W.P.No.4339 of 2026 WRIT PETITION NO: 4339/2026 16.02.2026 RMD