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2026 DAILYLAW 5324 (AP)

B. CHILAKAMMA v. The State of Andhra Pradesh

WP/17281/2026 · 2026-07-07

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : - - - Date of pronouncement : 08.07.2026 Date of uploading : 16.07.2026 APHC010324452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 17281/2026 Between: 1. B. CHILAKAMMA, W/O LATE B. SRINIVASULU REDDY, AGED ABOUT 36 YEARS, OCC HOUSEHOLD, R/O.SOMENDRAPURAM VILLAGE, THIRUMALAYAPALLI POST, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT. DEPARTMENT, SECRETARIAT, AMARAVATI. - 522238. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. - 517002. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR DIVISION, CHITTOOR DISTRICT.- 517001. 4. THE TAHSILDAR, VEDURUKUPPAM MANDAL CHITTOOR DISTRICT. - 517569. 5. THE SUBREGISTRAR, KARVETINAGARAM CHITTOOR DISTRICT. - 517582. 6. THE PANCHAYAT SECRETARY, GODUGUCHINTHA GRAM PANCHAYAT, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT. - 517569 ...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 one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.2 to 5 in not considering and disposing of the petitioner's representations dated 02.04.2026 and in not taking action under Memo N0.REVOI-O8- 22057/ 11/2024-GENERAL-IGRS dated 07.03.2025 with regard to the fraudulent registrations covered by SRK, J W.P.No.17281 of 2026 2 Document No.963/2026 and Document No. 1006/2026 relating to property situated in Sy.No.53/3 of Somendrapuram Village, Vedurukuppam Mandal, Chittoor District, having an extent of 1657.5 Square Feet (184.16 Square Yards) together with RCC residential house admeasuring 770 Square Feet, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct Respondent Nos.2 to 5 to consider the petitioner's representations, verify her possession and enjoyment over the property, initiate appropriate proceedings under the aforesaid Government Memo, take necessary action with respect to Document No.963/2026 and Document No.1006/2026 in accordance with law, protect the petitioner's possession and enjoyment of her half undivided share in the residential house and vacant site and to pass IA NO: 1 OF 2026 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 Respondent Nos.2 to 5 to forthwith consider and dispose of the petitioner's representations dated 02.04.2026 in the light of Memo No.REVOI-08-22057/11/2024-GENERAL-IGRS dated 07.03.2025 and further direct the respondents, their men, agents or anybody claiming through or under Document No.963/2026 and Document No.1006/2026 not to interfere with the peaceful possession and enjoyment of the petitioner over the RCC residential house admeasuring 770 Square Feet and the corresponding vacant site situated in Sy.No.53/3, Somendrapuram Village, Goduguchintha Gram Panchayat, Vedurukuppam Mandal, Chittoor District, and not to dispossess the petitioner or alter the physical features of the property in any manner whatsoever, pending disposal of the Writ Petition, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR REGISTRATION AND STAMPS The Court made the following: SRK, J W.P.No.17281 of 2026 3 O R D E R Heard the learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, representing respondent Nos.1 and 2, learned Government Pleader for Revenue, representing respondent Nos.3 and 4, learned Government Pleader for Stamps and Registration, representing respondent No.5, and the learned Standing Counsel for Gram Panchayat, representing respondent No.6. At the request of all the counsels, this Writ Petition is disposed of, at admission stage. 2. This Writ Petition was filed seeking the following relief: “to issue a Writ or order of direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondent Nos.2 to 5 in not considering and disposing of, the petitioner’s representation dated 02.04.2026 and in not taking action under Memo No.REV01-08-22057/11/2024-GENERAL- IGRS dated 07.03.2025 with regard to the fraudulent registrations covered by Document No.963/2026 and Document No.1006/2026 relating to property situated in Sy.No.53/3 of Somendrapuram Village, Vedurukuppam Mandal, Chittoor District, having an extent of 1657.5 square feet (184.16 square yards) together with RCC residential house admeasuring 770 square feet, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently, direct the respondent Nos.2 to 5 to consider the petitioner’s representation, verify her possession and enjoyment over the property, initiate appropriate proceedings under the aforesaid Government Memo, take SRK, J W.P.No.17281 of 2026 4 necessary action with respect to Document No.963/2026 and Document No.1006/2026 in accordance with law, protect the petitioner’s possession and enjoyment of her half undivided share in the residential house and vacant site and to pass such other order or orders …” 3. Contents of the affidavit filed by the Writ Petitioner, in brief, are that the subject property is a vacant site admeasuring 1657.5 square feet, equivalent to 184.16 square yards, situated in Sy.No.53/3 of Somendrapuram village, Goduguchintha Gram Panchayat, Vedurukuppam Mandal of Chittoor District, and in the said property, there exists an RCC residential house, admeasuring 770 square feet. Since the date of marriage of Writ Petitioner, she has been residing in the subject property continuously and peacefully. The family elders partitioned the family properties and allotted the aforesaid subject property to the Writ Petitioner, and herself and her family members have been in uninterrupted possession and enjoyment of the same. The respondent No.6- Panchayat Secretary, without issuing any notice and without conducting any inquiry, facilitated creation of fraudulent and false documents relating to subject property in favour of one B.Pandu Reddy, S/o. late B.Chinnamma Reddy, resident of Dasari Colony, by taking advantage of the condition of Writ Petitioner and her mother-in-law viz. B.Bayyakka. Thereafter, the said B.Pandu Reddy SRK, J W.P.No.17281 of 2026 5 executed and got registered a document in favour of B.Sumathi, W/o.Chinna Konala Reddy vide Document No.1006/2026. The entire transaction has been brought into existence on the basis of fraudulent and fabricated documents with a view to defeat the Writ Petitioner’s lawful possession and enjoyment over the schedule property. (b) The Writ Petitioner made representations to 5th respondent-Sub-Registrar, Karvetinagaram on 02.04.2026 and other revenue authorities, requesting cancellation of fraudulent registrations and protection of her possession. The Village Revenue Officer also conducted local inquiry and submitted a report, confirming her possession and enjoyment over the subject property. Despite receipt of representations and Inquiry Report, the respondents failed to take any action. The Government of Andhra Pradesh issued Memo No.REV01-08-22057/11/2024-GENERAL- IGRS, dated 07.03.2025 empowering the District Collectors and the Revenue authorities to initiate action in respect of fraudulent registrations and to take consequential steps for cancellation of such registrations. Since the Writ Petitioner has been in continuous possession and enjoyment of the residential house and vacant site situated in the subject property, the respondents are bound to verify SRK, J W.P.No.17281 of 2026 6 her possession and occupation, and recognize her rights before acting upon rival claim. Hence, the Writ Petition. 4. Perused the entire material available on record. 5. A perusal of the contentions of Writ Petitioner goes to show that the Writ Petitioner is a hapless widow, residing along with her son, who has been suffering serious health problem and mental instability. According to the Writ Petitioner, the family elders partitioned the family properties and allotted the aforesaid subject property to the Writ Petitioner, and she, along with her family members, has been in uninterrupted possession and enjoyment of the same. 6. It is the contention of Writ Petitioner that her deceased husband and her brother-in-law viz. B.Narasimha Reddy have got equal right over the subject property, but, her mother-in-law, being colluded with B.Narasimha Reddy, sold the schedule property to one B.Pandu Reddy, S/o.V.Chinnamma Reddy, and again got registered in the name of B.Sumathi, who is none other than the wife of B.Narasimha Reddy and caused injustice to the Writ Petitioner. Learned counsel for the Writ Petitioner contends that pursuant to the proceedings in Memo No.REV01-08-22057/11/ 2024-GENERAL-IGRS, dated 07.03.2025 issued by the Government of Andhra Pradesh, 2nd respondent-District Collector SRK, J W.P.No.17281 of 2026 7 and the respondent Nos.4 and 5 are empowered to initiate action in respect of fraudulent registration made by her mother-in-law and her brother-in-law. 7. A perusal of the Memo No.REV01-08-22057/11/2024- GENERAL-IGRS, dated 07.03.2025 goes to show that the said Memo was issued by the Government of Andhra Pradesh in order to avert the illegal acts of executing documents by fraudulent means with an intention to usurp valuable Government Lands. In the said Memo, powers were conferred on the public authorities to execute cancellation deeds annulling the documents executed/ registered by fraudulent means and persons not competent to do so. Rule 26 (k) (i) of the Andhra Pradesh Rules under the Registration Act, 1908, empowers the District Collectors to cause execution of cancellation deeds in respect of deeds of conveyance on sale made by persons without the requisite competence and not statutorily empowered to do so/registrations carried out through fraudulent means in respect of the lands falling under the category of Government/Assigned and not registerable by any provision of law. The Government directed all the District Collectors to adopt the following procedure in the lands falling under the category of Government/Assigned and not registerable by any provision of law: i. Tahsildars concerned may be authorized by the District Collectors to execute cancellation deed annulling SRK, J W.P.No.17281 of 2026 8 that particular deed which previously got registered by fraudsters involving Government Land/Assigned Land/Endowment Land or property not registerable by any provision of law; ii. Tahsildars may be instructed to present the documents before the Registering Officer concerned; iii. The Sub-Registrar on completion of registration process, and scanning of such deeds, shall deliver the registered deed of cancellation to the person authorized by the Tahsildar to take delivery of the same. 8. Indisputably, the Memo No.REV01-08-22057/11/2024- GENERAL-IGRS, dated 07.03.2025 was issued in order to avert the illegal acts of executing documents by fraudulent means with an intention to usurp valuable Government Lands i.e. the lands falling under the category of Government/Assigned and not registerable by any provision of law, but not dispute between two persons with regard to a private property. 9. Admittedly, the present Writ Petition was filed seeking the Court to consider the representation filed by the Writ Petitioner, to verify her possession and enjoyment of the subject property, and to take necessary action with respect to Document No.963/2026 and Document No.1006/2026. But, the case of the Writ Petitioner involves civil dispute and such disputed property title is question of fact, which cannot generally be adjudicated in a Writ Petition under Article 226 of the Constitution of India. These issues require proper SRK, J W.P.No.17281 of 2026 9 trial, evidence, and cross-examination in a regular Civil Court. Furthermore, the 10. Therefore, having regard to the entire facts and circumstances of the case, the respondents are directed to dispose of, the representation made by the Writ Petitioner, dated 02.04.2026 within a period of Four (04) weeks from the date of receipt of copy of this Order. 11. With the above direction, Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 8th July, 2026. DNB Whether the Order is: Speaking Reasoned ☑ Reportable Non-reportable ☑