APHC010071952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3630/2023 Between: 1. T. KRISHNAMMA, S/O LATE T.KANNAIAH, AGED ABOUT 72 YRS, OCC- CULTIVATION, R/O H.NO.1-98, HARIJANAWADA, DHIGUVAMATHYAM (VILL AND POST), THAVANAMPALLI MANDAL, CHITTOOR DISTRICT - 517129 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (STAMPS AND REGISTRATIONS), SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT, A.P.-522503. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 5. THE TAHSILDAR, THAVANAMPALLI (VILLAGE AND POST), THAVANAMPALLI MANDAL, CHITTOOR DISTRICT. 6. K ARUL, S/O LATE K. VELUGADU @SELVARAJ, AGED ABOUT 65 YEARS, OCC- CULTIVATION, R/O HARIJANAWADA, DHIGUVAMATHYAM (VILL AND POST), THAVANAMPALLI MANDAL, CHITTOOR DISTRICT - 517129 7. K GUNA SHEKHAR, S/O K. ARUL, AGED ABOUT 45 YEARS, OCC- p. 2 CULTIVATION, R/O HARIJANAWADA, DHIGUVAMATHYAM (VILL AND POST), THAVANAMPALLI MANDAL, CHITTOOR DISTRICT. - 517129 8. K DAVID, S/O LATE K.MUDDIN, AGED ABOUT 45 YEARS, OCC- CULTIVATION, R/O HARIJANAWADA, DHIGUVAMATHYAM (VILL AND POST), THAVANAMPALLI MANDAL, CHITTOOR DISTRICT. - 517129 ...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 topleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 for interfering with my peaceful possession and enjoyment of the agricultural land of an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District bounded by East-Singaram Land, West-Road, North-Petitioner's and Gnana Shekhar's lands, South-Channel is illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the Petitioner without due process of law relating to an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District bounded by East-Singaram Land, West-Road, North-Petitioner's and Gnana Shekhar's lands, South-Channel without 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 respondents not to evict the Petitioner from the Agricultural Land relating to an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District bounded by East-Singaram Land, West-Road, North-Petitioner's and Gnana Shekhar's lands, South-Channel, 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 grant leave to the Respondent No.5 in the Writ Petition No.3630 of 2023 to file counter affidavit in the above Writ petition and pass p. 3 Counsel for the Petitioner: 1. RAJENDRA BUSSA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. HARINATH REDDY SOMA The Court made the following: p. 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3630 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 for interfering with my peaceful possession and enjoyment of the agricultural land of an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District bounded by East-Singaram Land, West- Road, North-Petitioner's and Gnana Shekhar's lands, South-Channel is illegal, arbitrary and unconstitutional and consequently direct the respondents not to dispossess the Petitioner without due process of law relating to an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District bounded by East-Singaram Land, West-Road, North-Petitioner's and Gnana Shekhar's lands, South-Channel without due process of law and pass…” 2. The present writ petition is filed to direct the respondent authorities, more particularly respondent No.5-Tahsildar, in interfering with the petitioner’s possession and enjoyment of the agricultural land to an extent of Ac.2.09 cents in Sy.No.345/3C, situated at 53 Muttukuru Revenue Accounts, Thavanampalle Mandal, Chittoor District, without following due procedure of law, which is in violation of the Principles of Natural Justice. 3. The petitioner was granted DKT patta vide No.13/4/1404, dated 30.05.1994, by the then Mandal Revenue Officer, Thavanampalle. Since then, the petitioner has been cultivating the land and eking out his livelihood. Thereafter, the petitioner was issued Pattadar Passbook vide No.370. Thus, p. 5 the petitioner seeks a direction to direct the respondent authorities not to interfere with the petitioner’s property, without following due procedure of law. 4. Respondents 6 & 7 have filed their counter-affidavit and stated that the aforesaid land in Sy.No.345/3C was assigned in favour of father of respondent No.6 herein in the year 1957. After the demise of father of respondent No.6, on the application made by respondent No.6, DKT patta No.145/4/1416, dated 19.12.2006 was issued in his favour and his name was incorporated in the revenue records. 5. A reply affidavit was filed by the petitioner, wherein the averments made in the counter-affidavit filed by respondents 6 & 7 were not disputed. 6. Admittedly, a DKT patta was issued in favour of father of respondent No.6 in the year 1957 i.e. prior to 1994. As the averments made in the counter-affidavit filed by respondents 6 & 7 are not disputed by the learned counsel for the petitioner, this Court is inclined to take up the same as final. 7. In view of the above, the present Writ Petition is dismissed. However, the petitioner is at liberty to file an alternative remedy seeking his possession over the subject property. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.01.2026 TVN p. 6 119 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.3630 OF 2023 Date: 05.01.2026 TVN