APHC010831202018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 40161/2018 Between: 1. M.AMZAD BASHA, S/O. LATE ALLA BAKSH AGED ABOUT 47 YEARS, OCC. AGRICULTURE, R/O. MOSQUE STREET, PEDDAUPPARAPALLI VILLAGE, SOMALA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT, 3. THE JOINT COLLECTOR CUM SETTLEMENT OFFICER, CHITTOOR DISTRICT, CHITTOOR. 4. THE TAHASILDAR, SOMALA MANDAL, CHITTOOR DISTRICT. 5. M VENKATA RATHNAM, S/O.CHINNA SWAMY AGED ABOUT 50 YEARS, OCC. NEW PAPER AGENT, R/O. PEDDA UPPARAPALLI VILLAGE, SOMALA MANDAL, CHITTOOR DISTRICT. 6. P RAJANNA, S/O. JAYARAM, AGED ABOUT 60 YEARS, OCC. BUISNESS, PEDDAUPPARAPALLI VILLAGE, SOMALA MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 2 JS,J W.P.No.40161/2018 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 toto issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 in interfering with the petitioners rights over the land in an extent of Ac.0.80 cents out of Ac.1.58 Cents in Sy.No.269/7 of Peddaupperpalli Village, Somala Mandal, Chittoor District, at the instance of the respondents No.5 and 6 stating that same is required for allotment of burial ground without following due process of law as arbitrary, illegal, colorable exercise of power and well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to the petitioner under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct respondents No. 2 to 4 not to interfere with the petitioners rights over the land in an extant of Ac.0.80 cents out of Ac.1.58 Cents in Sy.No.269/7 of Peddaupperpalli Village, Somala Mandal, Chittoor District without adhering to the due process of law and pass such other order or orders as are deemed fit and proper in the circumstances of the case and to pass IA NO: 1 OF 2018 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 respondents No. 2 to 4 not to interfere with the petitioners rights over the land in an extant of Ac.0.80 cents out of Ac.1.58 Cents in Sy.No.269/7 of Peddaupperpalli Village, Somala Mandal, Chittoor District without adhering to the due process of law pending disposal of the above Writ Petition and pass IA NO: 2 OF 2018 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 8.11.2018 in IA.No. 1/2018 in WP.No. 40161/2018 and pass Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 JS,J W.P.No.40161/2018 The Court made the following ORDER: Heard Sri.A.Manjunath Raju, learned counsel appearing on behalf of the learned counsel for the petitioner and learned Assistant Government Pleader for the respondents. 2. The petitioner filed O.S.No.215 of 2015 on the file of Principal Junior Civil Judge. 3. The said suit was decreed on 09.02.2016, granting permanent injunction in favour of the petitioner regarding the property measuring Ac.0.80 cents. 4. The petitioner filed an application before the settlement officer and Joint Collector, Chittoor, which is currently pending. 5. Learned Assistant Government Pleader appearing for the respondents submits that because of the decree in O.S.No.215 of 2015 and pendency of the application before the Settlement Officer and Joint Collector, Chittoor, the respondents are not interfering with the petitioner’s land. 6. In view of the submission that no further interference is occurring, this Court feels that no further orders are required in the present writ petition. 7. Accordingly, the writ petition is disposed of. However, it is open for the respondents to take an appropriate decision after the orders are passed in the application pending before Settlement Officer and Joint Collector, Chittoor. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 17.02.2026 RSD 4 JS,J W.P.No.40161/2018 11 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 40161/2018 Dated: 17.02.2026 RSD