APHC010045352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2303/2025 Between:

Smt.Mantri Vasantha Kumari and Others ...PETITIONER(S)

AND The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

O R D E R:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“…..to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the Respondent No.3 in interfering with our peaceful possession and enjoyment over the land in an extent of Ac.0.97 cents in Sy.No.555/1A and Ac.1.40 cents in Sy.No.555/2 of Mamillapalli Village, C.K.Dinne Mandal, YSR District and calling upon me to settle the civil disputes with the Respondent No.5 for the said land, by asking me to hand over the possession of the said land to respondents No. 5 to 7, at their instance as arbitrary, illegal, colourable exercise of power apart from being contrary to well established legal principle laid down by this Hon'ble Court as well as the Apex Court apart from being violative of the Fundamental Rights guaranteed to me under Article 14, 19, and 21 of the Constitution of India, and consequently direct the Respondents No.3 and 4 not to interfere in the civil disputed between me and Respondent No.5, in respect of land in an extent of Ac.0.97 cents in Sy.No.555/1A and Ac.1.40 cents in Sy.No.555/2 of Mamillapalli Village, C.K.Dinne Mandal, YSR District, at the instance of the respondents No.5 to 7 and pass…..

2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioners and learned Assistant Government Pleader for Home.

3. The case of the petitioners is as follows:

(i) An extent of Ac.1.78 cents in Sy.No.555/1 of Mamillapalli Village, C.K.Dinne Mandal, YSR District was purchased by petitioner No.1 through sale deed dated 22.06.1998 registered as Document No.2213 of 1998 and since then she is in possession and enjoyment of the subject land. Out of the said land, an extent of Ac.0.81 cents was acquired by the National Highways Authority in the year 2004 and compensation was also paid to petitioner No.1 under award dated 30.10.2006. Thereafter, the land in Sy.No.555/1 was sub-divided into Sy.No.555/1A and Sy.No.555/1B. As on today, petitioner No.1 is in possession and enjoyment of the land in an extent of Ac.0.91 cents in Sy.No.555/1A of Mamillapalli Village, C.K.Dinne Mandal, YSR District.

(ii) Petitioner No.2 purchased lands in an extent of Ac.0.35 cents each in Sy.No.555/2 through registered sale deeds dated 02.03.2006 and dated 21.06.2006 and also an extent of Ac.0.70 cents through registered sale deed dated 21.06.2006 from their lawful owners and since then, petitioner No.2 is in possession and enjoyment of total land in an extent of Ac.1.40 cents in Sy.No.555/2 of Mamillapalli Village, C.K.Dinne Mandal, YSR District.

(iii) It is stated that recognizing the possession and enjoyment of the petitioners over the subject lands, revenue records were mutated and pattadar passbooks and title deeds were also issued in their favour.

(iv) While that being so, in the year 2018, respondent No.5 submitted a representation to the Revenue Authorities seeking to cancel the pattadar passbooks and title deeds issued in favour of the petitioners. Thereafter, the Revenue Divisional Officer, Kadapa, vide orders dated 28.06.2018, cancelled the pattadar passbooks issued in favour of the petitioners. Aggrieved thereby the petitioners filed Revision Petition before the Joint Collector, YSR District, which was allowed vide order dated 22.11.2022. Thereafter, respondent No.5 filed W.P.No.39323 of 2022 before this Court, wherein initially an order of Status-Quo was granted. However, ultimat