APHC010247052023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13120 of 2023 Between: 1. KOKA BRAHMAIAH, S/O LATE KOKA VENKATESWARLU, AGED ABOUT 48 YEARS R/ O KONDANGI VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT 2. TARAGALA HARIKA, W/O BALAKRISHNA, AGED ABOUT 25 YEARS R/O KONDANGI VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT 3. KOKA (MOGILINIDI) VENKATA LAKSHRNI, W/O SAI, AGED ABOUT 20 YEARS R/ O KONDANGI VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT 4. THE TAHSILDAR, KALIDINDI MANDAL, ELURU DISTRICT 5. DUGIRALA LAKSHMI W/O LATE PULLAIAHA, AGED 55 YEARS, R/O PEDDALANKA. 6. GUNUPUDI GANGA W/O MALLIKARJUNA RAO, AGED 41 YEARS, R/O KAIKALURU. 7. IMMANENI NAGAMANI MUMANENI NAGAMANI, W/O SRINVIVAS RAO, AGED 41 YEARS, R/O KONDANGI VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT. RR 5 TO 7 ARE IMPLEADED AS PER THE COURT'S ORDER DT.19.12.2025 IN I.A.NO.02 OF 2023. 2 ...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 or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 and 4 in keeping the land to an extent of Ac.3.00 in Sy.No.384-A1-E of Kondangi Village, Kalidindi Mandal, Eluru District under disputed land column as bad, arbitrary, contrary to the provisions of A.P.Rights in Land and Pattadar Passbooks Act, 1971 and also offends Arts. 14, 21 and 300-A of Constitution of India. Counsel for the Petitioner(S): 1. M VIDYAVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. MANOJ KUMAR BETHAPUDI The Court made the following: 3 ORDER: Precisely, the Writ Petition is filed aggrieved by the action of the respondents 3 and 4 in keeping the land to an extent of Acs.3.00 in Sy.No.384-A1-E of Kondangi Village, Kalidindi Mandal, Eluru District under disputed land column, as it is bad, arbitrary, contrary to the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short, ‘the Act 1971’) and such action of the respondents would offend Articles 14, 21 and 300A of the Constitution of India. 2. The unofficial respondents have filed counter affidavit and at paragraph No.13, it is stated that the respondents being the sisters of the 1st petitioner were cheated by her own brother and were denied their legitimate benefits all these years and the respondents have never objected the fishing activities nor made complaints to the authorities concerned to stop the fishing activities and even the officials of the Fisheries Department have not objected from any quarter. It is also further stated that it is not known, how it is impacting the fishing operation of petitioners inclusion of the subject land in the dispute register. 4 3. The official respondents have filed counter and it is admitted that the 4th respondent has not kept the land of the petitioners in the disputed register and the action of the 4th respondent is not bad, arbitrary and contrary to the provisions of the Act 1971. 4. In view of the above assertion made by the 4th respondent, nothing survives in the Writ Petition. However, both the learned counsel for the petitioners as well as the unofficial respondents have admitted that the suit for partition, vide O.S.No.115 of 2021 pending on the file of the Junior Civil Judge, Kaikalur, and it is pending for trial. Till the disposal of the said suit, the unofficial respondents are directed not to interfere with the fishing activities of the petitioners and the petitioners are directed not to alienate the disputed property till disposal of the suit. 5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.03.2026 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13120 of 2023 Date: 13.03.2026 siva