PENDLIMARRI SIVA KUMAR v. THE STATE OF ANDHRA PRADESH
WP/7587/2026 · 2026-03-22
B Krishna Mohan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19084 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19084 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010137192026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7587/2026 Between:
1. PENDLIMARRI SIVA KUMAR, S/O PENDLIMARRI MALLAIAH, AGED ABOUT 36 YEARS, OCC.AGRICULTURIST, RIO KOTHANELLERU, CHEMULLAPALLE, KHAJIPETA MANDAL, Y.S.R KADAPA DISTRICT. 2. PENDLIMARRI MALLIKARJUNA,, SLO PENDLIMARRI MALLAIAH, AGED ABOUT 35 YEARS, OCC.AGRICULTURIST, RIO KOTHANELLERU, CHEMULLAPALLE,
KHAJIPETA 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. 2. THE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT, KADAPA.516001
3. THE REVENUE DIVISIONAL OFFICER, KADAPA REVENUE DIVISION, KADAPA, Y.S.R. KADAPA DISTRICT.516001
4.
THE TAHASILDAR, KHAJIPET MANDAL, Y.S.R. KADAPA DISTRICT.5162023
...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus
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declaring the action of the respondent No.4 in closing the pathway (rastha) by erecting iron fencing thereby curtailing our right of access to my house and to the land in an extent of Ac.6.27 cents in L.P.No.1663(Old Sy.No.477), of Chemullapalli Village fields, Khajipeta Mandal, Y.S.R.Kadapa District as arbitrary, illegal, colorable exercise of power and violative of fundamental and Constitutional rights guaranteed to us under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.4 to open the pathway / rastha to reach my house and to the land in an extent of Ac.6.27 cents in L.P.No.1663(Old Sy.No.477), of Chemullapalli Village fields, Khajipeta Mandal, Y.S.R.Kadapa District by removing the iron fence erected by him 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 direct the respondent No.4 not to restrain from using pathway to reach our house and the land in an extent of Ac.6.27 cents in L.P.No.1663(Old Sy.No.477), of Chemullapalli Village fields, Khajipeta Mandal, Y.S.R.Kadapa District, pending disposal of the above A Writ Petition and pass IA NO: 2 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 respondent No.2 to consider the representation, dated 10.02.2026 submitted by me, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S):
1.
V R REDDY KOVVURI Counsel for the Respondent(S):
1. GP FOR REVENUE
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The Court made the following Order:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the action of the 4th respondent in closing the pathway (rastha) by erecting fencing thereby curtailing the right of the petitioners to access their house and to the land in an extent of Ac.6.27 cents in L.P.No.1663 (Old Sy.No.477) of Chemullapalli Village fields, Khajipeta Mandal, Y.S.R.Kadapa District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 18.03.2026 submits that as per RSR of Chemmullapalli Village, the land in Sy.No.477 to a total extent of Ac.6.26 cents is noted as patta land and as per present LPM based webland adangal, the land in L.P.No.1663 (old Sy.No.477) to an extent of Ac.6.27 cents is noted in the name of Pendlimarri Siva Kumar S/o Pendlimarri Mallaiah and as per the field enquiry the said land is completely under the possession of Pendlimarri Siva Kumar S/o Pendlimarri Mallaiah by raising corn crop. There is no recorded rastha existing in the said land as per the revenue records of Chemmullapalli village. 4. In view of the above said facts and circumstances, recording the above said instructions of the 4th respondent dated 18.03.2026 since it
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is a patta land, the respondent Nos.2 to 4 shall not interfere with the subject land except by following the due process of law. 5. Accordingly, the writ petition is disposed of. The written instructions of the 4th respondent dated 18.03.2026 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.03.2026 NNN