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2026 DAILYLAW 9735 (AP)

C.Ravi Kumar v. The State of Andhra Pradesh

WP/38432/2018 · 2026-09-07

V Sujatha

body2026

Judgment text

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APHC010795592018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38432/2018 Between: 1. C.RAVI KUMAR, S/O LATE C.M. MUNI RAMAIAH, AGED ABOUT 52 YEARS, R/O D.NO. 11-1-281 GANDHI ROAD, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE TAHSILDAR, SRIKALAHASTI MANDAL, CHITTOOR DISTRICT 3. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT SRIKALAHASTI, CHITTOOR 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the officials of the Respondent Nos. 2 and 3 in threatening to dispossess the petitioner from his land in Sy.Nos. 336/2, 336/3, 336/4, 338/8, 343/1 and 343/6 admeasuring Ac. 0.18 cents, Ac. 0.25 cents, Ac. 0.52 cents, Ac. 2.16 cents, Ac. 0.27 cents and Ac. 2.48 cents total admeasuring Ac. 5.86 cents situated at Bokkasapalem Village, Srikalahasti Mandal, Chittoor District, without issuing any notice and without following the due process of Law, as being illegal, 2 VS,J W.P.No.38432 of 2018 arbitrary and without jurisdiction and violative of Article 21 and 300-A of the Constitution of India, and consequently direct the Respondent authorities not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the above said land, and to grant 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 pass orders directing the officials of the Respondent Nos. 2 and 3 herein not to interfere with the agricultural operations carried by the petitioner in respect of the land in Sy.Nos. 336/2, 336/3, 336/4, 338/8, 343/1 and 343/6 admeasuring Ac. 0.18 cents, Ac. 0.25 cents, Ac. 0.52 cents, Ac. 2.16 cents, Ac. 0.27 cents and Ac. 2.48 cents total admeasuring Ac. 5.86 cents situated at Bokkasapalem Village, Srikalahasti Mandal, Chittoor District in any manner, pending disposal of the main Writ Petition, and to 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 25.10.2018 in IA.No. 1/2018 in WP.No. 38432/2018 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 pleasedto permit the proposed respondent herein to file the present implead petition in W.P.No.38432 OF 2018 and Hon'ble Court may be pleased to implead the proposed respondent herein as Respondent No-4 in W.P.No.38432 OF 2018 , since the proposed respondent is necessary party to the proceedings pending before this Hon'ble Court in W.P.No.38432 OF 2018 in the interest of justice and to pass Counsel for the Petitioner: 1. K N D SWAPNA MADHURI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 VS,J W.P.No.38432 of 2018 2. GP FOR ENDOWMENTS (AP) The Court made the following: 4 VS,J W.P.No.38432 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the officials of the Respondent Nos. 2 and 3 in threatening to dispossess the petitioner from his land in Sy.Nos. 336/2, 336/3, 336/4, 338/8, 343/1 and 343/6 admeasuring Ac. 0.18 cents, Ac. 0.25 cents, Ac. 0.52 cents, Ac. 2.16 cents, Ac. 0.27 cents and Ac. 2.48 cents total admeasuring Ac. 5.86 cents situated at Bokkasapalem Village, Srikalahasti Mandal, Chittoor District, without issuing any notice and without following the due process of Law, as being illegal, arbitrary and without jurisdiction and violative of Article 21 and 300-A of the Constitution of India, and consequently direct the Respondent authorities not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the above said land, and to grant…” 2. The petitioner clams to be the absolute owner and possessor of the lands situated in Sy.Nos.336/2, 336/3, 336/4, 338/8, 343/1 and 343/6 totaling an extent of Acs.5.86 cents in Bokkasapalem village, Srikalahasti mandal, Chittoor district, which devolved upon him from his ancestors; the petitioner’s ancestors are said to have purchased the same under a registered sale deed bearing document No.2090/1956, dated 27.11.1956 and No.127/1957, dated 28.01.1957. Ever since, the petitioner has been in continuous possession and enjoyment of the same without any intervention. 5 VS,J W.P.No.38432 of 2018 3. While the matter stood thus, on 16.10.2018 the respondent Nos.2 and 3 visited the petitioner’s property and threatened the petitioner to dispossess from the subject property without any valid reason. Aggrieved by the same, the present writ petition is filed. 4. When the writ petition came up for admission on 25.10.2018, this Court passed the following interim order: “Status-quo regarding possession over the subject property shall be maintained.” 5. The 2nd respondent filed a detailed counter affidavit wherein it is stated that the subject property lies in Subbanidu Kandriga village and as per concerned revenue records, the lands belong to Sri Kodanda Rameswara Swamy temple, Srikalahastheswara swamy vari temple and that the same was included in list of prohibited properties under Section 22 (A)(1)(c) of the Indian Registration Act, 1908. The subject lands are not in possession of the petitioner, but, the same are under the control of endowments department. When the petitioner is not in possession of the subject lands, the question of threatening him from dispossession does not arise. Hence, requested to dismiss the writ petition. 6. Perused the entire material available on record. It is contended by the respondents that the petitioner is no way concerned with the subject properties and that the subject property is under the control of endowments department. As rightly contended by the respondents, when 6 VS,J W.P.No.38432 of 2018 the petitioner is not in possession of the subject property, the question of dispossession does not arise. 7. However, in view of the fact that the present writ petition is filed on the sole ground that the petitioner has been in possession of the subject land and also keeping in view the interim order passed by this Court, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to dispossess the petitioner from the lands situated in Sy.Nos.336/2, 336/3, 336/4, 338/8, 343/1 and 343/6 totaling an extent of Acs.5.86 cents in Bokkasapalem village, Srikalahasti mandal, Chittoor district, if at all he is in possession of the same, without following due process of law. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 08.09.2026 Gss