APHC010292852023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15027/2023 Between: 1. YETURU SULOCHANA, W/O RAVI AGE 42, OCC AGRICULTURE NARUKURU, THOTAPALLI GUDURU, NELLORE, ANDHRA PRADESH - 524002 ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI. 2. THE DISTRICT COLLECTOR, , COLLECTOR OFFICE SHRI POTTI SREERAMULU NELLORE DISTRICT, ANDHRA PRADESH STATE. 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTOR OFFICE, SHRI POTTI SREERAMULU NELLORE DISTRICT. 4. THE TASILDAR, /MRO THOTAPALLIGUDUR MANDAL SHRI POTTI SREERAMULU NELLORE DISTRICT. 5. THE VILLAGE PANCHYAT SECRETARY, THOTAPALLI VILLAGE THOTAPALLIGUDUR MANDAL SHRI POTTI SREERAMULU NELLORE DISTRICT. 6. ANDANABOYINA MUNIYYA, S/O PICHAIAH, R/O KOTHA NAKKAVANI PALEM KOTHA NAKKAVANI PALEM VILLAGE THOTAPALLI GUDUR MANDAL, SHREE POTTI SREERAMULU NELLORE DISTRICT ...RESPONDENT(S): p. 2 SRS,J 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 an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the actions of the respondent particularly 4th and 5th in trying to interfere with the Petitioner's patta land, Schedule property in Sy no 568-1 extent of Ac. 0.50 cents and Sy no. 568 extent of Ac. 0.40 cents and in Thotapalli Gudur mandal, Shri pottisreeramulu Nellore district, the respondent authorities without due process of law is highly illegal, arbitrary, violative of Article 21, 19(1)(g), and 300-A of the constitution of India and for a consequential order directing the Respondents No.2 to No.5, not to interfere with the Petitioner's scheduled property / fish tanks in Sy no. 568 extent of Ac. 0.40 cents and Sy no 568-1 extent of Ac. 0.50 cents in Thotapalli Gudur mandal, Shri pottisreeramulu Nellore district, patta land and for other reliefs and pass IA NO: 1 OF 2023 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 respondents particularly respondent 4 and 5 not to take any coercive steps in the petitioners schedule property Sy no. 568 extent of Ac. 0.40 cents and Sy no 568-1 extent of Ac. 0.50 cents in Thotapalli Gudur mandal, Shri pottisreeramulu Nellore district, without following due process of law till pending the disposal of Writ Petition; and pass Counsel for the Petitioner: 1. VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Ms. M. Vinodin Ruth, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3; Ms. P. Usha, learned Assistant Government p. 3 SRS,J Pleader for Revenue, for respondents 2 and 4 and Sri S. Hruthik, learned counsel, representing Sri M. Sudhir, learned standing counsel for respondent No.5. 2. The above writ petition was filed to declare the action of respondents 4 and 5 in trying to dispossess the petitioner from an extent of Ac.00-50 cents and Ac.0-40 cents of land in survey Nos.568-1 and 568 respectively, situated in Thotapalli Gudur Mandal, Shri Pottisreeramulu Nellore District, without issuing notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that the petitioner purchased Ac.00-50 cents of land in survey No.568/1 under a registered sale deed dated 23.06.2015 (Ex.P1). Thereafter, the revenue authorities updated ROR and issued pattadar passbooks and title deeds (Ex. P2). Learned counsel would further submit that the petitioner entered into an unregistered possessory agreement with Anadaboyna Muneyya and others on 23.06.2015, in respect of Ac.00-40 cents in survey No.568 in Thotapalli Gudur Mandal, Shri Pottisreeramulu Nellore District. Learned counsel would submit that the petitioner has been paying taxes, but respondents 4 and 5 are interfering with the petitioner’s possession of the aforementioned land, without issuing any notice. 4. An interim order was passed on 23.06.2023 directing the respondent authorities not to take any coercive steps in respect of the subject property, and the same is extended from time to time. 5. Learned Assistant Government Pleader for Revenue submitted the instructions of respondent No.4-Tahsildar. 6. As seen from the instructions, respondent No.4 is not disputing the title of the petitioner in respect of Ac.00-50 cents of land in survey No.568/1. It is stated that the petitioner, under the guise of a registered sale deed, encroached upon Ac.00-28 cents and Ac.00-23 cents of land in survey p. 4 SRS,J Nos.567 and 577, respectively (total Ac.00-51 cents), which is being used as a burial ground, and converted it into a fish pond. The petitioner’s husband gave an undertaking on the petitioner's behalf to restore the land after harvesting the fish. However, without restoring the land, the petitioner approached this Court. 7. Ex.P1, copy of the registered document, demonstrates the title and possession of the petitioner in respect of Ac.00-50 cents of land in survey No.568/1 of Thotapalli Gudur Mandal, Shri Pottisreeramulu Nellore District. The possessory agreement of sale filed by the petitioner as Ex.P3, was executed on non-judicial stamp paper, and it does not contain the survey number. The possessory agreement of sale, Ex.P3, cannot be looked into for any purpose for want of proper stamp duty and registration. 8. However, in view of the instructions furnished by respondent No.4 regarding the petitioner’s possession (encroachment) upon Ac.00-28 cents and Ac.00-23 cents of land in survey Nos.567 and 577 respectively of Thotapalli Village, which was not denied by the petitioner, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side directing respondents 4 and 5 to follow due process of law. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.02.2026 IKN p. 5 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15027 of 2023 Date: 11.02.2026 IKN