APHC010059232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3824/2022 Between:

1.B.GURU SWAMY REDDY,, S/O. BALI REDDY, AGED 45 YEARS, OCC. AAGRICULTURIST, D.NO.4-23-1, LOKAMATHAPURAM, C.RACHRANDRAPURAM MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2.THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, AT CHITTOOR.

3.THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT.

4.THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT.

5.THE REVENUE INSPECTOR, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT.

6.THE VILLAGE REVENUE OFFICER, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT.

7.THE VILLAGE REVENUE ASSISTANT, RAMACHANDRAPURAM.

MANDAL, 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 issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of respondents 2 to 7 in interfering with the peaceful possession and enjoyment of the petitioners which was assigned vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 an extent of AC.0.89 cents at Lokamathapuram H/o, Chuttugunta Ramapuram Village, C.Ramachandrapuram Mandal, Chittoor District in favour of the petitioner, without following due process of law, being bad, illegal, arbitrary, discriminatory, offending Articles 14 and 300-A of Constitution of India and to pass IA NO: 1 OF 2022 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 No. 2 to 7 not to interfere with possession and enjoyment of the petitioners in their extents of properties which was assigned in the year 1994, vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 an extent of AC.0.89 cents at Lokamathapuram Chuttugunta Ramapuram Village, C.Ram.achandrapuram. Mandal, Chittoor District, in favour of the petitioner, pending disposal of the Writ Petition and to pass IA NO: 2 OF 2022 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 passed in WP.No.3824/2022, dated 21.2.2022 and pass Counsel for the Petitioner:

1.DASARI S V V S V PRASAD Counsel for the Respondent(S):

1.GP FOR REVENUE The Court made the following Order:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.

2. This Writ petition is filed questioning the action of the respondent Nos.2 to 7 in interfering with the peaceful possession and enjoyment of the petitioner which was assigned vide DKT No.157/4/1404, dated 15.12.1994 situated in Survey No.96/2 in an extent of AC.0.89 cents at Lokamathapuram H/o, Chuttugunta Ramapuram Village, C.Ramachandrapuram Mandal, Chittoor District in favour of the petitioner, without following due process of law.

3. On the other hand, learned Assistant Government Pleader relying upon the counter of the 4^th respondent submits that on verification of fair Adangal of C. Ramapuram Village, Ramachandrapuram Mandal, the subject land in Sy.No.96 with a total extent of Acs.98.30 is classified as “Gutta Poramboke”. The petitioner was never granted any DKT Patta for the subject land in an extent of Acs.0.89 cents in Sy.No.96/2 of C.Ramapuram Village. There are no traces of cultivation at any point of time in the subject land as claimed in Sy.No.96.

4. The purported DKT Patta No.263/4/1404, dated 15.12.1994, possessed and produced by the petitioner is not in existence and there is no such record for that. The petitio