APHC010092072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5239/2026 Between: 1. BANDHAM POTHANNA DORA, S/O BUCHANNA DORA, AGED 60 YEARS R/O JAGARAMPALLE VILLAGE, RAMPACHODAVARAM MANDAL, POLAVARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522237 2. THE COLLECTOR AND DISTRICT MAGISTRATE, RAMPACHODAVARAM, POLAVARAM DISTRICT - 533288 3. THE REVENUE DIVISIONAL OFFICER, RAMPACHODAVARAM, POLAVARAM DISTRICT - 533288 4. THE TAHSILDAR RAMPACHODAVARAM MANDAL, POLAVARAM DISTRICT - 533288 5. THE SUB INSPECTOR OF POLICE, RAMPACHODAVARAM P.S., POLAVARAM DISTRICT - 533288 6. CHITHURI SWETHAMBARI RAO, S/O KOTESWARA RAO, R/O H.NO. 24, WARD NO. 33, MARREDPALLY, HYDERABAD - 500026 7. KANGALA KRISHNA DORA, S/O GANGA RAJU DORA, R/O PEDA BARANGI VILLAGE, RAMPACHODAVARAM MANDAL, POLAVARAM DISTRICT - 533288 ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent Nos.4 and 5 in interfering with the peaceful possession and enjoyment of the petitioner over land admeasuring Ac.7.24 cents in S.No. 41/P situated at Jagarampalli Village, Rampachodavaram Mandal, Polavaram District, at the instigation of unofficial Respondent Nos.6 and 7, without following due process of law, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioners peaceful possession and enjoyment of the subject land except in accordance with due process of law and 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 pleased to direct the Respondents, particularly Respondents No.4 and 5, not to interfere with the peaceful possession and enjoyment of the petitioner’s land admeasuring Ac.7.24 cents in S.No. 41/P situated at Jagarampalli Village, Rampachodavaram Mandal, Polavaram District, except in accordance with due process of law, and pass Counsel for the Petitioner: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER Heard Sri K.Ranga Srinivas, learned counsel representing Sri A.Venkata Durga Rao, learned counsel for the petitioner and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents 1 to 4 and Sri Mallikarjun, learned Government Pleader for Home for the 5th respondent. Notice in respect of respondents 6 and 7 is dispensed with, since no adverse order is passed affecting their rights and interests. 2. The grievance of the petitioner is that the respondents 4 and 5 are interfering with the petitioner’s possession and enjoyment of an extent of Ac.7.24 cents in S.No.41/P of Jagarampalli village, Rampachodavaram Mandal, Polavaram District, without following due process of law. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the aforementioned land. The 4th respondent, at the behest of respondents 6 and 7, is attempting to dispossess the petitioner from the said property. 4. Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents 1 to 4, submitted the written instructions of the 4th respondent, wherein it was stated thus: “It is submitted that, as per Fair Land Register (FLR) of the concerned village, the land of Ac.15.78 cts in the Sy.No.41 is recorded in the name of Sri B.Pothannadora, S/o Buchanna Dora. His name has also been duly mutated in the Adangal / 1B records for Ac.5.32 cts in Sy.No.41. It is further submitted that the unofficial respondent No.6 have filed a representation stating that they had purchased the land Ac.2.00 cts in Sy.No.41/1 from the writ petitioner on 30.03.2004 through an unregistered sale deed and have been in possession and enjoyment of the same ever since and the revenue authorities was issued manual pattadar pass book in the year 2005 having khata 76 and requested to mutate the land on his name in online revenue records. In pursuance of the said representation, a field enquiry was conducted. During the course of enquiry, it was observed that the respondent No.6 is in physical possession of the land Ac.1.96 cts in the Sy.No.41/1 and have been cultivating the same for the last 15 years. The remaining land in Survey No.41p covering an extent of Ac.5.32 cts in jagarampalli village, is in the possession of present writ petitioner i.e., Bandam Pothanna Dora, S/o Buchanna Dora. It is also submitted that the writ petitioner has furnished a consent letter stating that he had sold the said land to the unofficial respondents and has expressed no objection (NOC) for mutation of the land in favour of the unofficial respondent no.6.” 5. Thus, as seen from the written instructions, there is a dispute between the petitioner and 6th respondent, in respect of Ac.1.96 cents in S.No.41/1. This Court, while exercising the jurisdiction under Article 226 of the Constitution of India, normally will not adjudicate disputed questions of fact and the dispute between the petitioner and the 6th respondent. The instructions of the 4th respondent would disclose that the 4th respondent is not interfering with the land of an extent of Ac.7.24 cents in S.No.41/P of Jagarampalli village, Rampachodavaram Mandal, Polavaram District. 6. Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter will not serve any purpose. 7. Accordingly, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the respondents 4 and 5 not to interfere with the land of an extent of Ac.7.24 cents in S.No.41/P of Jagarampalli village, Rampachodavaram Mandal, Polavaram District, without following due process of law. No order as to costs. This Court makes it clear that no finding is recorded regarding title and possession in respect of either petitioner or unofficial respondents, vis-à-vis the aforementioned land. As a sequel, all the pending miscellaneous applications shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD