APHC010382962021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23593/2021 Between: 1. VALLURU SRINIVASA RAO, S/O LATE VENKATARAMAIAH, AGED ABOUT 52 YEARS, OCC- CULTIVATION, R/O VUTUKURU VILLAGE, VINJAMURU MANDAL, SPSRNELLORE DISTRICT, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY OTS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKURU REVENUE DIVISION, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 5. THE SUBINSPECTOR OF POLICE, , VINJAMURU POLICE STATION, VINJAMURU, S.P.S.R. NELLORE DISTRICT. 6. DHANALA VENKATA RAMANAIAH, S/O VENKAGAIAH, AGED 52 YEARS, OCC- CULTIVATION, R/O VUTUKURU VILLAGE, VINJAMURU MANDAL, SPSRNELLORE DISTRICT. 7. SMT VALLURU VENGAMMA, W/O LAE VENKATAIAH, AGED 68 YEARS, OCC- HOUSEWIFE, R/O VUTUKURU VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 2 8. SMT RAVILLA PADMA, W/O LATE RATHAIAH, AGED 50 YEARS, OCC- HOUSE WIFE, R/O YERUKOLLU VILLAGE, DUTTALURU MANDAL, SPSR 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 a Writ of Mandamus or any other appropriate Writ Order or direction, direction declaring the action of the respondents 4 and 5 in interfering with petitiobner's possession and enjoyment of the land Ac.5-05 Cts in Sy.No.290/1 of Vutukuru village, Vinjamuru Mandal, SPSR Nellore District, at the instance of respondents 6 to 8 in spite of interim injunction granted by civil court in I.A. No. 70/2020 in O.S. No 66/2020 on the file of Junior Civil Judge, Udayagiri, as illegal, arbitrary and without jurisdiction IA NO: 1 OF 2021 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 to direct the respondents direct the respondents 4 and 5 not interfere with petitioner's possession and enjoyment of the land Ac.5-05 Cts in Sy.No.290/1 of Vutukuru village, Vinjamuru Mandal, SPSR Nellore District, pending disposal of the above writ petition IA NO: 1 OF 2022 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 to vacate the interim order granted on 20.10.2021 in W.P.No. 23593 of 2021 and pass Counsel for the Petitioner: 1. D KRISHNA MURTHY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. L J VEERA REDDY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23593/2021 The Court made the following Order: Heard Sri D. Krishna Murthy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned counsel appearing for the unofficial respondent Nos.6 to 8. 2. The grievance of the petitioner is the instant Writ Petition is against the action of the respondents in trying to interfere with the possession and enjoyment of the subject property over an extent of Ac.5.05 cents situated in Sy.No.290/1 of Vutukuru Village, Vinjamuru Revenue Mandal, SPSR Nellore District, at the instance of the unofficial respondent Nos.6 to 8. 3. It is contended by the petitioner that the subject property was assigned in favour of the petitioner’s father in 1968. During the lifetime of the petitioner’s father he was in possession and after his lifetime, the petitioner has been in occupation and enjoyment of the subject property. In recognition of the title of the petitioner’s father, the respondent authorities have mutated the name of the petitioner’s father. After the demise of the petitioner’s father, the unofficial respondents have tried to grab the subject property leading to filing of a Civil Suit in O.S.No.66/2020 for permanent injunction against the unofficial respondent Nos.6 to 8 herein on the file of the learned Junior Civil Judge, Udayagiri. Pending disposal of the said Suit, the learned trial Court has granted interim injunction against the unofficial respondent Nos.6 to 8. At the behest of the unofficial respondent Nos.6 to 8, the respondent Nos.4 & 5 4 have tried to evict the petitioner from the subject property. Thus filed the instant Writ Petition. 4. The Tahsildar – respondent No.4 has filed the counter affidavit stating that the documents furnished by the petitioner to substantiate his claim are fabricated, since the signatures of the then Tahsildar and the Revenue Divisional officer, Kavali during the year 1997 are not tallied and appears to be forged and there are corrections and over writings. 5. Having regard to the contentions of the respondents, this Court has called for record from the Tahsildar. Pursuant to the same, record is placed before the Court and perusal of the same would indicate that patta in favour of the petitioner’s father was granted after following due process of law at the relevant point of time. 6. During the course of the arguments, the learned counsel for the petitioner has also filed certain documents relating to the enquiry and endorsement issued by the Tahsildar, dated 28.10.2024. The said proceedings of the Tahsildar, dated 28.10.2024 and the endorsement of the District Collector, dated 06.11.2024 also reflect that the patta was infact granted in favour of the petitioner’s father in respect of Ac.5.05 cents situated in Sy.No.290/1 of Vutukuru Village, Vinjamuru Revenue Mandal, SPSR Nellore District and thus they have been in possession and enjoyment of the same. 5 7. Per contra, the unofficial respondent Nos.6 to 8 have filed counter affidavit stating that they are the beneficiaries of the subject land under the scheme YSR Rythu Bharosa and PM Kisan Yojana and they are entitled to the subject land. 8. Having regard to the above, the contention of the respondents that the pattas and copies of Adangals are fabricated, forged is misplaced and the same is not supported by any cogent material or evidence. 9. In the light of the material that has been produced before the Court, this Court deems it appropriate to direct the respondents not to interfere with the possession and occupation of the petitioner in respect of the subject property, without authority of law. 10. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 30.03.2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23593/2021 Dated: 30.03.2026 MSI