APHC010021362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3505]

(Special Original Jurisdiction)

FRIDAY, THE SIXTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1404/2026 Between:

1. K APIREDDY PRABHAKAR REDDY, S/O LATE KESAVULA REDDY, AGED ABOUT 45 YEARS. CULTIVATION, D.NO. 3-98, ANNASWAMI PALLI, VENKATAPURAM VILLAGE, RENIGUNTA MANDAL, TIRUPATHI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT-522237

2. T HE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUPATHI DISTRICT, TIRUPATHI-517001

3. T HE REVENUE DIVISIONAL OFFICER, TIRUPATHI REVENUE DIVISION, TIRUPATHI, CHITTOOR DISTRICT-517001

4. T HE TAHSILDAR, THIRUPATHI URBAN MANDAL, TIRUPATHI DISTRICT- 517001 ...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, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the 4th respondents and staff in trying to dispossess petitioner from petitioner land to an extent of Ac. 1.571/2 cts in S.No. 222/3, of No. 24, Chennaigunta Village, No. 8, Mangalam Group, Tirupathi Urban Mandal, Tirupathi District(Erst While Chittoor District), without issuing notice under of the Acts in vogue or Land Encroachment Act, 1905 as illegal, arbitrary, violative of Principles of Natural Justice and Art 300-A of the Constitution of India and consequently desist the respondents from interfering with petitioner possession of land to an extent of Ac. 1.571/2 cts in S.No. 222/3, of No. 24, Chennaigunta Village, No. 8, Mangalam Group, Tirupathi Urban Mandal, Tirupathi District(Erst While Chittoor District) 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 to direct the respondents not to interfere with petitioner possession and enjoyment of land to an extent of Ac. 1.571/2 cts in S.No. 222/3, of No. 24, Chennaigunta Village, No. 8, Mangalam Group, Tirupathi Urban Mandal, Tirupathi District(Erst While Chittoor District), pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. T V JAGGI REDDY Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following:

ORDER:-

The petitioner claims that he is the absolute owner and possessor of the land admeasuring an extent of Ac.1.57 ½ cents in Sy.No.222/3 of No.24, Chennaigunta Village No.8, Mangalam Group, Tirupathi Urban Mandal, Tirupathi District (Erstwhile Chittoor District), by virtue of the registered gift settlement deed said to have been executed by his father and brother of the petitioner.

2. It is the further case of the petitioner that the since from the date of the said gift deed he has been in peaceful possession and enjoyment of the said property as the absolute owner. Whileso, the 4^th respondent started interfering with the possession of the petitioner in respect of the subject land without following the procedure as contemplated under law and without issuing any notice. Questioning the said action of the respondents, he has approached this Court by filing the present writ petition.

3. On the other hand, the learned Assistant Government Pleader for Revenue would submit that the petitioner is the owner of an extent of Ac.0.85 cents in Sy.No.222/3 of Chennaigunta Village No.8, Mangalam Group, Tirupathi Urban Mandal, Tirupathi District (Erstwhile Chittoor District), and the same is evident on perusal of the gift deed dated 22.04.2008 filed by the petitioner along with the writ petition. Though the petitioner has got to the only to an extent of Ac.0.85 cents, he is trying to encroach upon the land abutting his property. He would further submit that, the respondents would follow the procedure under law and pa