APHC010088462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5109/2026 Between: 1. D BHAGYA LAKSHMI, W/O GURUSWAMY NIDU, AGED ABOUT 76 YEARS, R/O DADDALAVARI PALLI, BODIPATIVARI PALLI, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 522238 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 517002 3. THE TAHSILDAR, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 517192 4. THE ROMPICHERLA GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. 517192 ...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 declaring the action of the Respondent Nos. 3 and 4 in highhandedly trying to dispossess the petitioner p. 2 SRS,J from the property admeasuring 968 Sq. Yards situated in Survey No. 1625 of Daddalavari Palli, Rompicherla Village, Rompicherla Mandal, Chittoor District which is classified as Gramakantam Land, without issuing any notice, without affording any opportunity, and without following the due process of law is arbitrary, illegal, contrary to the well-established legal principles laid down by this Hon'ble Court in W.P. No. 27788 of 2017, and is violative of the fundamental and constitutional rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos. 3 85 4 not to dispossess the petitioner from the property to an extent of 968 Sq. Yards situated in Survey No. 1625 of Daddalavari Palli, Rompicherla village, Rompicherla Mandal, Chittoor District, without following due process of law, 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 DIRECT the Respondent Nos. 3 and 4 not to dispossess the petitioner from the property to the extent of 968 Sq. Yards situated in Survey No. 1625 of Daddalavari Palli, Rompicherla village, Rompicherla Mandal, Chittoor District respectively., without following due process of law, pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: Heard Sri Anand Surya, learned counsel representing Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner; Sri P. Rajesh, learned Assistant Government Pleader for Panchayat Raj, for respondent No.1, p. 3 SRS,J Ms.P. Usha, learned Assistant Government Pleader for Revenue, for respondents 2 and 3 and Sri S. Hruthik, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.4. 2. The above writ petition was filed to declare the action of respondents 3 and 4 in attempting to dispossess the petitioner from the property admeasuring 968 square yards, situated in survey No.1625, Daddalavari Palli, Rompicherla Village, Rompicherla Mandal, Chittoor District, without issuing notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that an extent of Ac1-40 cents in survey No. 968 is classified as Grama Kantam. Out of the total extent, the petitioner and his predecessors have been in possession and enjoyment of Ac.00-20 cents of land for more than 100 years. Learned counsel would further submit that respondent No.4-Tahsildar issued a possession certificate vide C.No.114/2023 dated 08.05.2023 (Ex.P1). The subordinates of respondents 3 and 4, due to political rivalry, attempted to dispossess the petitioner on 17.02.2026. 4. Learned counsel for respondent No.4 submitted the instructions furnished by respondent No.4. 5. As seen from the instructions, the land measuring 968 square yards in survey No.1625 of Daddalavari Palli, Rompicherla Village, Rompicherla Mandal, Chittoor District, is classified as Gramakantam land. The petitioner occupied and fenced the land with chain-link. The encroachments are visible. The Gram Panchayat surveyed with the assistance of the Village Surveyor/ Mandal Surveyor. Upon receipt of the report, if any encroachment is found, respondent No.4 will initiate necessary action by following the procedure stipulated in G.O.Ms.No.188 dated 21.07.2011. p. 4 SRS,J 6. Learned Assistant Government Pleader for Revenue submitted instructions furnished by respondent No.3. 7. A perusal of the instructions furnished by respondent No.3 discloses that during the inspection conducted by the revenue officials, it was found that the land was vacant. The possession certificate bearing C.No.114/2023 dated 08.05.2023, filed by the petitioner, is forged, fabricated and bogus, created for litigation, and no record is available in the office of respondent No.3. The instructions also disclose that respondent No.3 has not attempted to dispossess the petitioner from the aforementioned extent of land. 8. Thus, as seen from the instructions of respondent No.4, there is no dispute that the petitioner fenced the subject land with chain link, and the Gram Panchayat got a survey conducted. The instructions of respondent No.3 would disclose that Ex.P1, relied on by the petitioner, is not a genuine document. This Court, at this juncture, is not adjudicating and recording any finding regarding the genuineness of Ex.P1. It is open to respondent No.3 to decide the genuineness of Ex.P1, by following the due procedure. 9. As per the instructions furnished by respondent No.4 since there is no dispute regarding the petitioner’s possession over the extent mentioned above, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing respondent No.4 not to dispossess the petitioner from the possession of 968 square yards of land in S.No.1625, Daddalavari Palli, Rompicherla Village, Rompicherla Mandal, Chittoor District, without following due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.02.2026 IKN p. 5 SRS,J 167 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5109 of 2026 Date: 23.02.2026 IKN