APHC010379322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19554 of 2023 Between: 1. CHILAKALA MASTAN REDDY, S/O.CHINNA HAZARATH REDDY, AGED ABOUT 33 YEARS, R/O.MAIN BAZAR, NANDIGUNTA, NANDIGUNTA, NELLORE- 524 228. 2. CHILAKALA KHAJA REDDY,, S/O.CHINNA HAZARATH REDDY, AGED ABOUT 35 YEARS, R/O.MAIN BAZAR, NANDIGUNTA VILLAGE, VINJAMURU MANDAL, S.P.S.R. NELLORE DISTRICT - 524 228. ...PETITIONER(S) AND 1. THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, S.P.S.R. NELLORE DISTRICT, NELLORE. 3. THE TAHSILDAR, VINJAMURU MANDAL, VINJAMURU, S.P.S.R. NELLORE DISTRICT. 4. POOLU SAROJA, W/O.RAMANAIAH, AGED .MAJOR, R/O.NANDIGUNTA VILLAGE, VINJAMURU MANDAL, S.P.S.R. NELLORE DISTRICT. ...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 an appropriate Writ Order or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the Respondents No. 1 to 3 in trying to disposes of the Petitioners from the land in an extent of Ac.0-57 cents in Survey No. 182/2 and the land an extent of Ac.0-42 cents in Survey No. 182/5 of Total extent of Ac.0- 2 97 cents belongs to the 1st Petitioner and the land of an extent of Ac.0- 62 cents in Survey No. 182/2 of Nandigunta Village, Vinjamuru Mandal, S.P.S.R. Nellore District of the 2nd Petitioner without following the due process of law as arbitrary, illegal and violative of right guaranteed under Article.14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners Land. Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. MUCHAKAYALA NARAYANA The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "……to issue an appropriate Writ Order or direction more particularly in the nature of Writ of MANDAMUS declaring the action of the Respondents No. 1 to 3 in trying to disposes of the Petitioners from the land in an extent of Ac.0-57 cents in Survey No. 182/2 and the land an extent of Ac.0-42 cents in Survey No. 182/5 of Total extent of Ac.0-97 cents belongs to the 1st Petitioner and the land of an extent of Ac.0- 62 cents in Survey No. 182/2 of Nandigunta Village, Vinjamuru Mandal, S.P.S.R. Nellore District of the 2nd Petitioner without following the due process of law as arbitrary, illegal and violative of right guaranteed under Article.14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners Land, and pass such other orders……" 2. It is ALLEGED in the writ affidavit at paragraph No.3 that the petitioners are the absolute owners and possessors of the land in Sy.No.182/2 to an extent of Ac.0.62 cents and the respondent Nos.1 to 3 are trying to dispossess the petitioners from the land to an extent of Ac.0.57 cents and to an extent of Ac.0.42 cents in Sy.No.182/2 and to an extent of Ac.0.97 cents in Sy.No.182/5 situated in Nandigunta Village, Vinjamuru Mandal, SPSR Nellore District. 3. Admittedly, the petitioners have not filed any documents to establish their right over the subject property and they are claiming 4 possession basing on the notices issued under Section 9(2) of the Survey and Boundaries Act, 1923, wherein the Survey Officer has called for objections from the petitioners. 4. On a reading of the counter affidavit of the unofficial respondent (R4), it appears that the unofficial respondent made an application to the 3rd respondent-Tahsildar for grant of assignment of land and to grant D-Form patta in favour of the unofficial respondent. The 3rd respondent- Tahsildar has granted D-Form patta in favour of the unofficial respondent, vide File No.163/1410 dated 26.12.2000. Now it is the contention of the unofficial respondent that she is in continuous possession of the property. 5. The 3rd respondent-Tahsildar has filed counter affidavit and it is stated that in response to the notices issued by the 3rd respondent in Rc.B.358/2023 dated 15.07.2023 to the original assignee and the unofficial respondent (R4) has submitted her explanation on 26.07.2023 and the writ petitioners also submitted their explanations on the same day. While the explanations are under consideration and suitable orders were yet to be passed under Section 4(1)(b) of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, this Court pleased to pass interim orders to maintain status quo as on the day. Hence, the 3rd respondent-Tahsildar could not pass any orders. 6. Therefore, without going into the merits of the case, the present Writ Petition is disposed of, directing the 3rd respondent-Tahsildar to conduct enquiry giving opportunity of personal hearing to both the petitioners and the unofficial respondent (R4) and pass suitable/ 5 appropriate orders in accordance with law. Both the parties are directed to cooperate the Tahsildar. 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: 22.01.2026 Siva/JAK 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19554 of 2023 Date: 22.01.2026 Siva/JAK