APHC010307172010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3558]

(Special Original Jurisdiction)

THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 322/2010 Writ Appeal under clause 15 of the Letters Patent against the Order dt.

16-4-2010 in WP No. 6350 of 2010 Between:

1. V . PRASANTH, TIRUPATI, S/O. V., CHANDRA SEKHAR REDDY DIRECTOR OF ACCORD BUSINESS SCHOOL CHIGURUVADA, R/O

8/71/2, ROYAL NAGAR , RC ROAD TIRUPATI ...APPELLANT AND

1. T HE JT COLLECTOR CHITTOOR ANOTHER, CHITTOOR

2. T HE TAHSILDAR TIRUPATI RURAL TIRUPATI, CHITTOOR DISTRICT.

...RESPONDENT(S):

IA NO: 1 OF 2010(WAMP 733 OF 2010 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 stay the order of the 1st respondent passed in S.R.No. 20/11(a)/87 dt. 1-9- 2009 in so far canceling the sub divisions in Sy.No,. 285 of Chiguruvada North Kandriga Village, Tirupati Rural Mandal, Chittoor District pending disposal of the writ Appeal 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 receive the copy of (i) G.O.Ms.No.341 Dt;22.05.2009, (ii) the Proceedings of the Executive Engineer, Irrigation Department, Tirupati vide Letter No./DB/JTO.3/T.10 File/ 345 Dt:5/5/08 as additional material paper and pass Counsel for the Appellant:

1. O M R LAW FIRM Counsel for the Respondent(S):

1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY AND THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 322/2010 JUDGMENT: (Per Sri Justice Cheekati Manavendranath Roy)

Aggrieved by the order, dated 16.04.2010 of the learned Single Judge passed in W.P.No.6350 of 2010 whereby he has dismissed the writ petition confirming the order of the Joint Collector-cum-Settlement Officer, Chittoor ordering for cancellation of sub-divisions in the land covered by Sy.No.285, the present writ appeal has been preferred by the writ petitioner, who was unsuccessful in the writ petition.

2. Heard Sri O.Manohar Reddy, the learned Senior counsel appearing for the appellant and the learned Government Pleader for Revenue appearing for the official respondents.

3. Brief over view of the facts leading to the lis in this writ appeal may be stated as follows:

(a) A person by name Archakam Srinivasa Narasimha Dikshitulu (hereinafter referred to as “Dikshitulu”) claiming to be the owner of the land covered by Sy.No.285/2B, in an extent of Ac.0-68 cents and the land covered by Sy.No.285/5, in an extent of Ac.1-32 cents, totaling Ac.2-00 cents has applied for grant of a ryotwari patta under Section 15 of Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, „the Act‟) before the then Settlement Officer.

(b) According to the said person, Dikshitulu, the said land is a private land and he is entitled for grant of a ryotwari patta. The said claim was opposed by the State before the Settlement Officer on the ground that the land claimed by Dikshitulu is not private land and it forms part of the Swarnamukhi River Poramboke in Chiguruvada Village of Tirupati Rural Mandal. The learned Settlement Officer has conducted an inquiry as per the procedure prescribed under law and he has also recorded the evidence of the witnesses and he has also physically inspected the land in question. After considering the evidence that was recorded by him and after making physical inspection of the land, he found that the land covered by Sy.No.285/2B, in an extent of Ac.0-68 cents and the land covered by Sy.No.285/5 in an extent of Ac.1-32 cents, is not part of the Swarnamukhi River poramboke and it is situate at a distance place from the said Swarnamukhi River poramboke and it is a cultivable land and crops are being