APHC010079852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5603/2024 Between: 1. KUMMARI GANJALAPPA, , S/O. K. VENKATARAMUDU, AGED 46 YEARS, OCC- AGRICULTURE, R/O. DOOR NO.3/61, KUMMARI STREET, GUDIKALU VILLAGE, YEMMIGANUR MANDAL, KUMOOL DISTRICT. 2. KUMMARI VENKATESWARLU, , S/O. K. VENKATARAMUDU, AGED 43 -- OCC- AGRICULTURE, R/O. DOOR NO.76-110-23-3, VASAVI NAGAR, RADIO STATION, KALLURU MANDAL, KURNOOL DISTRICT. 3. KUMMARI SRINIVASULU,, S/O. K. VENKATARAMUDU, AGED 33 YEARS, OCC- AGRICULTURE, R/O. DOOR NO.76-110-23-3, VASAVI NAGAR, RADIO STATION, KALLURU MANDAL, KURNOOL DISTRICT. 4. KUMMARI RAGHANNA,, S/O. K. VENKATARAMUDU, AGED 32 YEARS, OCC- AGRICULTURE, R/O. DOOR NO.3/61, KUMMARI STREET, GUDIKALU VILLAGE, YEMMIGANUR MANDAL, KUMOOL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE TAHSILDAR, YEMMIGANUR MANDAL, KUMOOL DISTRICT. 2 3. THE STATION HOUSE OFFICER, YEMMIGANUR URBAN POLICE STATION, YEMMIGANUR, KUMOOL DISTRICT. 4. SRI K ANJANEYULU, S/O. NOT KNOWN, AGED 45 YEARS, OCC- TAHSILDAR, YEMMIGANUR MANDAL, KUMOOL DISTRICT 5. SRI BOYA PUNDUKURA HANUMANNA, S/O. NOT KNOWN, AGED 57 YEARS, OEE- AGRICULTURE, R/O. GUDIKALU VILLAGE, YEMMIGANUR MANDAL, KUMOOL DISTRICT. 6. SRI PUNDUKURU THIMMAIAH, . , S/O. NOT KNOWN, AGED 55 YEARS, OCC- AGRICULTURE, R/O. SILLARDODDI VILLAGE, YEMMIGANUR MANDAL, KUMOOL DISTRICT. 7. SRI B K BALAGOTI GOUD, S/O. NOT KNOWN, C/O. TAHSILDAR, YEMMIGANUR MANDAL, KUMOOL 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 a Writ, order or direction, more particularly a Writ of Mandamus, declaring the proceedings in RC.No.B.26/24, dated 08.01.2024 issued by respondent No.2 - Tahsildar, as illegal, arbitrary, biased unconstitutional and against the principles of natural justice, as well as the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and, consequently, direct the respondent authorities not to allow the unofficial respondent Nos.5 to 7 to enter into the subject land of the petitioners in an extent of Acs.2.30 cents dry land covered by Sy.Nos.l38A/l and 138A/2, situated at Yemmiganur Mandal, Kumool District and pass IA NO: 1 OF 2024 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 respondent authorities not to dispossess the petitioners from the subject land in an extent of Acs.2.30 cents dry land covered by Sy.Nos.l38A/l and 138/V2, situated at Yemmiganur Mandal, Kumool District, by suspending the impugned proceedings in RC.No.B.26/24, dated 08.01.2024, issued by respondent No.2, pending disposal of the above writ petition and pass 3 Counsel for the Petitioner(S): 1. D S N V PRASAD BABU Counsel for the Respondent(S): 1. BUTTA VIJAYA BHASKER 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: 4 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction, more particularly a Writ of Mandamus, declaring the proceedings in Rc.No.B.26/24, dated 08.01.2024, issued by respondent No.2 – Tahsildar, as illegal, arbitrary, biased, unconstitutional and contrary to the principles of natural justice, as well as the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, and consequently to direct the respondent authorities not to permit the unofficial respondent Nos.5 to 7 to enter into the subject land of the petitioners, to an extent of Acs.2.30 cents of dry land covered by Sy.Nos.138A/1 and 138A/2, situated at Yemmiganur Mandal, Kurnool District, and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 and 2. 3. The petitioners have filed the present writ petition aggrieved by the proceedings dated 08.01.2024 issued by the 2nd respondent. A perusal of the said proceedings clearly discloses that there exists a dispute between the petitioners and certain private individuals. It appears that both parties, without availing appropriate civil remedies, have unnecessarily approached the police authorities for settlement of their disputes, which has resulted in the present litigation. 5 4. On a careful examination of the records placed before this Court and the impugned proceedings dated 08.01.2024 issued by the 2nd respondent, this Court is of the considered opinion that the respondent authorities lack jurisdiction to entertain or adjudicate such disputes in the absence of a declaration of rights by a competent Civil Court. 5. In view of the aforesaid facts and circumstances, the impugned proceedings dated 08.01.2024 issued by the 2nd respondent are hereby set aside. Liberty is granted to both the petitioners and the unofficial respondents to approach the competent Civil Court for adjudication of their respective rights. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D. RAMESH 5th January, 2026 cbn 6 372 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.5603 of 2024 5th January, 2026 cbn