APHC010272772024 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: 13603/2024 Between: 1. M. MURUGAIAH,, S/O LATE M. SREERAMULU AGED ABOUT 65 YEARS, 2. M. JAGADEESH,, S/O M. MURGAIAH AGED ABOUT 41 YEARS, BOTH ARE RESIDENTS OF D.NO. 5-12, RAMAPURAM VILLAGE THOORPUPALLE POST, PENUMUR MANDAL, CHITTOOR DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY (REVENUE DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR 3. THE JOINT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR 4. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT 5. THE TAHSILDAR, PENUMUR MANDAL, CHITTOOR DISTRICT 6. K SIDDAMMA, W/O REDDEPPA, AGED ABOUT 63 YEARS, OCC. AGRICULTURE, R/O D.NO. 28-394/2, SRI SAIBABA STREET, RAMNAGAR COLONY, CHITTOOR TOWN AND DISTRICT ...RESPONDENT(S): 2 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 direction, more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent authorities with respect to illegal transfer of assigned lands situated in Sy.No. 54/6, 54/7, 54/8 and 70/1 in favour of the 6th respondent and illegal encroachment of land in Sy.Nos. 54/4, 54/5 and 54/9 of Chinthapenta Village, Penumuru Mandal, Chittoor District by the 6th respondent, inspite of petitioners repeated representation dt. 17-07- 2023, 22- 01-2024, 29-01-2024 and 05-02-2024 as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and consequently direct the respondent authorities to take action under the provisions of A.P. Assigned Lands (POT) Act, 1977 with respect to said illegal transfer and illegal encroachment of assigned lands and to 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 pleased to direct the respondent authorities to conduct enquiry pursuant to the representations of the petitioner dt. 17-07-2023, 22-01-2024, 29-01-2024 and 05-02-2024 with respect to illegal transfer of assigned lands situated in Sy.No. 54/6, 54/7, 54/8 and 70/1 in favour of the 6th respondent and illegal encroachment of land in Sy.Nos. 54/4, 54/5 and 54/9 of Chinthapenta Village, Penumuru Mandal, Chittoor District by the 6th respondent, under the provisions of A.P. Assigned Lands (POT) Act, 1977 and pass appropriate orders pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. M L NEELIMA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SURESH KUMAR REDDY KALAVA The Court made the following: 3 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 one in the nature of a Writ of Mandamus, declaring the inaction on the part of the respondent authorities with respect to the alleged illegal transfer of assigned lands situated in Sy. Nos. 54/6, 54/7, 54/8 and 70/1 in favour of the 6th respondent and the alleged illegal encroachment of land in Sy. Nos. 54/4, 54/5 and 54/9 of Chinthapenta Village, Penumuru Mandal, Chittoor District, by the 6th respondent, despite the petitioners’ repeated representations dated 17-07-2023, 22-01-2024, 29-01-2024 and 05-02-2024, as illegal, arbitrary, unconstitutional and contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977; and consequently to direct the respondent authorities to take action under the provisions of the Andhra Pradesh Assigned Lands (POT) Act, 1977 with respect to the said illegal transfer and illegal encroachment of assigned lands.” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 to 5. 3. On perusal of the averments made in the affidavit filed in support of the writ petition, it is evident that the dispute involved in the present writ petition is essentially between two private individuals. Though learned counsel for the petitioners as well as learned counsel for the 6th respondent submitted that 4 both the petitioners and the 6th respondent are in occupation of assigned lands, the case of the petitioners is that lands were granted in their favour and that they are in possession thereof, whereas the 6th respondent, being a purchaser of assigned land in the adjacent area, is interfering with their peaceful possession. 4. Accordingly, the petitioners submitted representations dated 17.07.2023, 22.01.2024, 29.01.2024 and 05.02.2024 to the concerned authorities seeking action pursuant to the eviction notice dated 08-12-2022 and also seeking action under the provisions of the Andhra Pradesh Assigned Lands (POT) Act, 1977. 5. Considering the submissions made and on perusal of the material available on record, if the respondent authorities intend to initiate any action under the Andhra Pradesh Assigned Lands (POT) Act, 1977, they shall do so strictly by following the procedure contemplated under the said Act and in accordance with the mandate laid down by this Court in a catena of judgments. However, in so far as the alleged interference by the 6th respondent in the petitioners’ land is concerned, the petitioners have an efficacious alternative remedy of approaching the competent Civil Court. 6. With the above observations, the Writ Petition is dismissed. There shall be no order as to costs. 5 Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D. RAMESH 5th January, 2026 cbn 6 292 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.13603 of 2024 5th January, 2026 cbn