IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION Nos: 3351. 8024. 8058 of 2019 and 16468 of 2021

WRIT PETITION NO: 3351 OF 2019

Between :

And

I

Smt.Chinna Rannakka \A//o./enkata Ramana Rajci aged about 70 years, R/o.Papepalle Village V.Kota rviandal Chittoor District. ^I .... Writ Petitioner.

... Respondents.

• ^X . The S-ta-te o-F A.P. Rep . by Pnl. Secne-tany Revenue Oepantrment: Secne-tan±a-t, Velagapudi Amanava-th Mandal Guntiur* D±st:nic-t.
• ² . The D±si:n±c-t CoHecton Chi.-ftoon, Ch±'t*toon Dis't:n±ct:
• ³ . The Zlo±n-t CoHector-j Ch±-t1:oor Chi-ftoon D±st:n±C't.
• A . The Sub-CoHect:on^ Madanapalle^ Ch±t:*toon Dxst:r'±c
• ⁵ . The Tahs±Xdan^ V.Kotra Mandal Ch±t:t:oon DjLstrnic-t^ Stiaiie o-F Andhr-a Pnadesh
• <5. V CJeetlicvi-ijali. "Taeaii rt.eciciy, aVsouit ³² years, Ooo: 1-I<r>x4se l<.o^a Villaj^e aiid is^aiicial, Oliittoor rj>istriot:. ife. \
  • •7 P Satl-iya Pie ^a "W/o-r^ aral<anatl-ia ³² years, Oco: I-Iovise'wife. I^/o. "V K.ota 'N/'iHage aiid Iv^aiicial, diittoor r2>i strict. >^geci
  • 8. Oaiitlai-nii-ia, W/o. T'l-iin-ii-ilapa, ⁵⁰ years. Occ: I-IotaseN'vife, 1^0. K\Ji-nt»arlapalle 'Village, V I-Cota IS^ai-xclal, Oliittoox- n^istrict.
  • RHargav/i P >^.gec^ r?./o. V KLota Village aird Iv^ancial, diittoor Il'>istrict. rsliotliaxii, 'W/o. Puru sliotlnaxTii Peddy, about ³³ years, Occ: l-Iouse-w^ife.
  • lO. E-CZl-iin-i-iai-ntai-ien-xn-ia, "W/o. Late Qangappa, Aged about ⁵⁰ yeax-s, Occ: I-iousewife, P/o. :Dodig\4ttapalle Village, ^V IC.ota Tv^andal, Oliittoox- IZ>isti*ict-
  • ¹ ¹ .P Saiitbam ma, Aged about 55 yeais. Occ: Mousewife. "V Klota "Village a.iid IVIaiidal, Oliittoox- Oistrict. - ■W/o. rvl Venl-catara ana.
  • 12. Leela-s/atlii, "W/o. V Pajesli I3abu, Aged about 32 years, Occ: Mouse R-/o. V I<.ota Village and ivlandal. Oliittoox* Oistx-ict. ife.
  • 13. Sailaja. "W/o. Veiil<atesli. Aged about yeax-s. Occ: Mouse P./0. V K.ota Village axi^d Iv^andal, Ohittoor Oistx-ict. ife.
  • 1^. Sidlia, W/o. IS/^oin Al-imed, Aged about 3^ yeat-s, Occ: Mouse>.>^/ife, l^./o. V K.ota Village and Ts/fan^dal, Oliittoor Oistrict.
  • ¹ 5. Ei £5ai Lal<slimi, "W/o. Ourus'waniy, A.ged about 2G yeax-s, <Z>cc: i-Iouse P/o. ife, K-x-i slmapuram Village, "V P-Ota iVlan.dal, Obittoor Oistrict.
  • 16. <3 Panemxiia. "W/o. <3 Pagliupatbi, Aged about years, Occ: Mouse-w^ife, P/o. - Obittoor Oistx-ict. I<.rislinap>ux-ani Village, V I<C.ota IVtandaV,

Page No.^

r

i!

i

17. Appireddy Gari Jamuiia, W/o. K.R.Annaiah, Aged about 50 years, Occ: Housewife, R/o. Krishnapuram Village, V Kota Mandal, Chittoor District.

(

• 18. Yellamma, W/o. Late Venkataswamy, Aged about 56 years, Occ: Housewife, R/o. Kumbarlapalle Village, V Kota Mandal, Chittoor District.
• 19. V.Jhansirani, W/o. Srinivas, Aged about 44 years, Occ: Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 20. Ayesha, W/o.S.Roshan, Aged about 26 years, Occ: Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 21. Jaibunissa, W/o. Abdul Waheb, Aged about 59 years, Occ: Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 22. Hajeera, W/o. Nissar Ahmad, Aged about 33 years, Occ: Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 23. Tarnnam, W/o. Syed Akram, Aged about 32 years, Occ: Housewife, IVo. V Kota Village and Mandal, Chittoor District.

RR ⁶ to ²³ are impleaded as per the Court Order dated.13.02.2024 vide orders passed in lA No.Ol of 2021.

, 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 ^a Writ of Mandamus, declaring the action of the Respondents herein in dispossessing the Petitioner from the lands in an extent 1.00 cents in Sy.No.26/6, in an extent 0.40 cents in Sy.No.26/8 and in an extent 0.82 cents in Sy.No.26/9 situated at Papepalli Village of V.Kota Mandal, Chittoor District without following due process of law as illegal, arbitrary and unconstitutional and consequentially restrain the Respondents herein from dispossessing the petitioner from the lands the lands in an extent 1.00 cents in Sy.No.26/6, in an extent 0.40 cents in Sy.No.26/8 and in an extent 0.82 cents in Sy.No.26/9 situated at Papepalli Village, V.Kota Mandal, Chittoor District except in accordance with law. \ ■ / issue

lA NO: ¹ OF 2019

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 restrain the Respondents herein from dispossessing the petitioner from the lands in an extent 1.00 cents in Sy.No.26/6, in an extent 0.40 cents in Sy.No.26/8 and in an extent 0.82 cents in Sy.No.26/9 situated at Papepalli Village, V.Kota Mandal, Chittoor District pending disposal of Writ Petition.

Counsel for the Petitioner: SRI V B SUBRAHMANYAM

Counsel for the Respondents ¹ to 5: GP FOR REVENUE

Counsel for the Respondents ⁶ to 23: SRI V.R.REDDY KOWURI

WRIT PETITION NO- OF

Between :

Smt.Chinna Ramakka W/o.Venkata Ramana Raju aged about ⁷⁰ years, R/o.Papepalle Village V.Kota Mandal Chittoor District. Writ Petitioner.

And

I

• 1. The State of A.P. Rep.by PrI.Secretary Revenue Department Secretariat, Velagapudi Amaravathi Mandal Guntur District.
• The District Collector Chittoor, Chittoor District 2.
• The Joint Collector, Chittoor Chittoor District. 3.
• The Sub-Collector, Madanapalle, Chittoor District
• The Tahsildar, V.Kota Mahdal Chittoor District, Andhra Pradesh 5.
• The Eenadu Telugu Daily, Gudavalli Village and Panchyath, Vijayawada Rural Mandal, Krishna District PIN.520010, Rep by its Chief Editor. 6.
• The Managing Director, The Eenadu Telugu Daily, Gudavalli Village and Panchyath Vijayawada Rural Mandal, Krishna District ⁵²⁰⁰¹⁰ 7.

/

• 8. M.V.Devarajulu S/o.Venkataramappa Reporter of Eenadu, V Kota, Chittoor District, Andhra Pradesh.
• 9. The Andhra Jyothi Telugu Daily Andhra Jyothy Buildings, S. No. 70/1 and 70/2, Vedurupavuiuru Viilage, Mustabad Grama Panchyath, Gannavaram Mandai Krishna District - 52107 Rep. By its Managing Director

kL.

• 10. K.Srinivas, Editor,The Andhra Jyothi Teiugu Daily Andhra Jyothy Buildings, S. No. 70/1 and 70/2, Vedurupavuiuru Village, Mustabad Grama Panchyath, Gannavaram Mandai Krishna District - 52107
• 11. V.Jaganmohan Reddy, S/o.Yella Reddy, Reporter, Andhra Jyothi Daiiy, V.Kota, Chittoor District,A.P
• 12. The CMD and Managing Ediotr, Vaartha Telugu Daily, #396, Lower Tank Bund, DBR Mills Road, Hyderabad - 500080.
• 13. A Ramesh, S/o Appoji, Reporter, Vaartha Daily, Durga Nagar, V.Kota, Chittoor District, A.P.
• 14. The Editor, Andhra Bhoomi Daiiy, Deccan Chronicle Holdings Limited 36, Sarojini Devi Road, Secunderabad - 500 003
• 15. The Managing Director, Andhra Bhoomi Daily, Deccan Chronicle Holdings Limited 36, Sarojini Devi Road, Secunderabad - 500 003

Page No.5

16. V Subramanyam Reporter, Andhra Bhoomi Daily, Pernambut ROAD, V Kota-517424, Chittoor District, A .P

m

• 17. Nukrapu Padmaja, Editor and Managing Director, Surya Telugu Daily, SURYA SOUDHA, Plot NO.22, Door NO 8-2-293/82/A/22, Road NO. 5, Jubilee HILLS, HYDREBAD-500033
• 18. V Doraswamy, S/o. Venkataswamy, Reporter of Surya Telugu Daily, Gesthimpalli Village, V Kota Mandal, PIN 517424. Chittoor Dist, A .P
• 19. The EDITOR , Andhra Akshara Telugu Daily H. NO. 11-136/80, Venkatadhri NAGAR, Near Gooty Petrol Bunk, KURNOOL - 518003
• 20. Rajesh Babu, Reporter, Andhra Akshara Telugu Daily, V.Kota Town, Chittoor District, A P PIN-517424
• 21. Paturu Ramaiah, Editor, Prajashakthi Teludu Daily D. NO. 27-30-4, Akulavari Veedhi, Governerpeta, Vijayawada.
• 22. K.Bala Krishna, Reporter, Prajashakthi Teludu Daily, Doddipalli Village, V Kota Mandal, Chittoor District, A P PIN-517424
• 23. Mootha Goutham, Editor and M.D., Andhra Prabha Telugu Daily Part NO. 75, OPP: TIME Hospital, Ashok Nagar, VIJAYAWADA, 520010.

Page No.6 C

• 24. Srinivasulu Reporter, Andhra Prabha Telugu Daily, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 25. Muthyala Prasad, Editor, Vishalandhra Vignana Samithi, Vijayawada.
• 26. L Shafirulla Khan, reporter, Vishalandhra Telugu DAILY, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 27. Naredndra Chowdhary Rachana Television Pvt Ltd NTV-Telugu News Channel, Plot 564-A-19/111, Road No.92, Jubilee Hills Hyderabad, Telangana - 500033
• 28. Rajendhra, NTV Reporter, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 29. Thummala Narendhra, Chairman, ^I News Telugu TV Channel Door NO 1-65/2, PLOT N0.9, Kavuri Hills, Madhapur, Hyderabad-500033
• 30. S. ROSHAN, ^I NEWS TV REPORTER, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 31. The Chairman MAHAA News TV Channel Plot No.1038, Road No.76, Near B.R.Ambedkar Open University Road Jubilee Hills, Hyderabad - 500 033
• 32. S. Nisar Ahmad, MAHAA NEWS TV REPORTER, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 33. The Chairman, PRIME ⁹ NEWS TV TELUGU. CHANNeL, Samhitha Broadcasting Pvt Limited, HYDERABAD
• 34. A Surya Prakash Reddy, PRIME 9 NEWS TV REPORTER, Krishnapuram Village, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 35. The Chairman, STUDIO N NEWS TV TELUGU CHANNAL Near Police Station, O.U.Colony Gachibowli, Hyderabad - 500 032
• 36. Anwar S/o.Abdhul Wahab, STUDIO N NEWS TV REPORTER, Near Gas Godown,Bharath Nagar, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 37. The Chairman, BHARATH TODAY NEWS TV CHANNAL, Samhitha Broadcasting Pvt Limited, HYDERABAD
• 38. G SRINIVASULU, BHARATH TODAY NEWS TV REPORTER, Paccharamakulapalli Village, Dhanamaiahgaripalli Post, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 39. The CHAIRMAN, SAKSHI NEWS TV TELUGU CHANNAL Door No.6-3-249/1, Sakshi Towers, Road No.l, Beside Care Hospital, Banjaraa Hills, Hyderabad-500034
• 40. Syed Akram, SAKSHI TV REPORTER, Pernumbut Road, V Kota Mandal, Chittoor District, A.P. PIN-517424
• 41. The CHAIRMAN, lOTV TELUGU CHANNAL 8-2-293/82/A/1265, Jubilee Co-Op House Building Society, Road Number 36, Jubilee Hills, Hyderabad - 500033.
• 42. N Guruswamy, 10 TV REPORTER, Kummaramadugu Village, Dhanamaiahgaripalli Post, V Kota Mandal, Chittoor District, A.P. PIN-517424

^I Page IMo.S

43. Madhu Sudhan, S/o Ramakoti, Bharath NAGAR, Gas Office Route, V Kota Mandal, Chittoor District, A.P. PIN-517424

.... Respondents.

(

• 44. V Geethanjali, W/o. V Tagan Mohan Reddy, Aged about 32 years, Occ; Housewife, R/o.V Kota Village and Mandal, Chittoor District.
• 4.5. P Sathya Prema W/o.D Dwarakanathan, Aged about 32 years, Occ: Plousewife, R/o. V Kota Village and Mandal, Chittoor District.
• Gantlamma, 'W/o. Thimulapa, Aged about 50 years, Occ; Housewife, R/o. Kumbarlapalle Village, V Kota Mandal, Chittoor District. 46.
• 47. Bhargavi Purshotham, W/o. Purushotham Reddy, Aged about 33 years, Occ; Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 48. E.Chinnamunemrha, W/o. Late Gangappa, Aged about 50 years, Occ; Housewife, R/o. Bodiguttapalle Village, V Kota Mandal, Chittoor District.
• 49. R Santhamma, W/o. M Venkataramana, Aged about 55 years, Occ; Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 50. Leelavathi, W/o. V Rajesh Babu, Aged about 32 years, Occ; Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 51. Sailaja, W/o. Veitkatesh, Aged about 40 years, Occ; Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 52. Sidha, V/Zo. Moin Ahmed, Aged about 36 years, Occ: Housewife, R/o. V Kota Village and Mandal, Chittoor District.
• 53. B Sai Lakshmi, W/o. Guruswamy, Aged about 26 years, Occ: Housewife, R/o. Krishnapuram Village, V Kota Mandal, Chittoor District.
• 54. G Ranemma, W^/o. G Raghupathi, Aged about ⁴⁴ years, Occ: Housewife, R/o. Krishnapuram Village, ^V Kota Mandal, Chittoor District.

(

• 55. Appireddy Gari Jamuna, W/o. K..R.Anxiaiah, Aged about ⁵⁰ years, Occ: Housewife, Ryo. Kj-ishnapuram "Village, "V Kota Ivlandal, Chittoor Oistrict. r
  • 56. "VellaiTima, "W/o. Late "Venkataswamy, Aged about ⁵ ⁶ years, Occ; Housewife, R/o. Kumbarlapalle Village, ^V Kota Mandal, Chittoor District.
  • 57. V.Jhansirani, "W/b. Srini-vas, Aged about ⁴⁴ years, Occ: Housewife, R/o. V Kota Village and Ivlandal, Chittoor District.
  • 58. Ayesha, "W/o.S.Roshan, Aged about ²⁶ years, Occ: Housewife, R/o. ^V Kota Village and Ivlandal, Chittoor District.
  • 59. Jaibunissa, W/o. Abdul Waheb, Aged about 59 years, Occ; Housewife, R/o. V Kota Village and Ivlandal, Chittoor District.
  • 60. Hajeera, W/o. Nissar Alrmad, Aged about ³ ³ years, Occ; Housewife, R/o. ^V Kota Village and Ivlandal, Chittoor District.
  • 61. Xamnam, W/o. Syed Akram, Aged about ³² years, Occ; Housewife, R/o. ^V Kota Village and Ivlandal, Chittoor District.

RR ⁴⁴ to ⁶¹ ore impleaded as per the Court Order dated.13.02.202 ⁴ vide orders passed in lA No.Ol of 2021.

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 OF MANDAMUS, declaring the action of the respondent ¹ to 5 herein in not taking action against Respondent Nos. 6 to 43 in pursuance of the status, quo order dated 01.04.2019 passed in W.P.No.3351 of 2019 by this Hon'ble Court as illegal, arbitrary and unconstitutional and consequentially restrain the Respondents Nos. 6 to 43 herein from proceeding with the illegal constructions the lands in an extent Ac.1.00 cents in Sy.No.26/6, in an extent Ac.0.40 cents in Sy.No.26/8 and .in an extent Ac.0.82 cents in Sy.No.26/9 of the Petitioner situated at Papepalli Village, V.Kota Mandal, Chittoor District. / \ on

lA NO: ¹ OF 2019

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 RESTRAIN the Respondent Nos.6 to 43 herein from proceeding with the illegal constructions in an extent Ac.1.00 cents in Sy.No.26/6, in an extent Ac.0.40 cents in Sy.No.26/8 and in an extent Ac.0.82 cents in Sy.No.26/9 of the Petitioner situated at Papepalli Village, .V.Kota Mandal, Chittoor District.

Counsel for the Petitioners: SRI V B SUBRAHMANYAN!

Counsel for the Respondents ¹ to 5: GP FOR REVENUE

Counsel for the Respondents 6 & 7:

Counsel for the Respondents 8 to 43:

^I Counsel for the Respondents ⁴⁴ to 61: SRI V.R.REDDY KOVVURI

WRIT PETITION NO: ⁸⁰⁵⁸ OF 201Q €

io

Between :

Smt.Chinna Ramakka W/o.Venkata Ramana Raju aged about 70 years, R/o.Papepalle Village V.Kota Mandal Chittoor District. .... Writ Petitioner.

And

• 1. The State of A.P. Rep.by PrI.Secretary Revenue Department Secretariat, Velagapudi Amaravathi Mandal Guntur District.
• 2. The District Coilector Chittoor, Chittoor District
• 3. The Joint Collector, Chittoor Chittoor District.
• 4. The District Panchayath Officer, Chittoor District, Chittoor, A.P.
• The Divisional Panchayath Officer, Madanapalli Division, Madanapalli, Chittoor District, A P 5.
• The V.Kota Gfam Panchayth V.Kota Village and Mandal Chittoor District Rep. by its Executive Officer 6.
• The Eenadu Telugu Daily, Gudavalli Village and Panchyath, Vijayawada Rural Mandal, Krishna District PIN.520.010; Rep by its Chief Editor. 7.
• The Managing Director, The Eenadu Telugu Daily, Gudavalli Village and Panchyath,. .■ Vijayawada Rural Mandal, Krishna District - ⁵²⁰⁰¹⁰ 8.

Page No.4 (

0

9. M.V.Devarajulu S/o.Venkataramappa Reporter of Eenadu, V Kota, Chittoor District, Andhra Pradesh.

• 10. The Andhra Jyothi Telugu Daily Andhra Jyothy Buildings, S. No. 70/1 and 70/2, Vedurupavuluru Village, Mustabad Grama Pahchyath, Gannavaram Mandal Krishna District - 52107 Rep. By its Managing Director
• K.Srinivas, Editor,The Andhra Jyothi Telugu Daily Andhra Jyothy Buildings, S. No. 70/1 and 70/2, Vedurupavuiuru Village, Mustabad Grama Panchyath, Gannavaram Mandal Krishna District-52107 11.
• V.Jaganmohan Reddy, S/o.Yella Reddy, Reporter, Andhra jyothi Daily, V.Kota, Chittoor District,A.P 12.
• 13. The CMD and Managing Ediotr, Vaartha Telugu Daily, #396, Lower Tank Bund, DBR Mills Road, Hyderabad -500080'.
• A Ramesh, S/o Appoji, Reporter, Vaartha Daily, Durga Nagar, V.Kota, Chittoor District, A.P. 14.
• The Editor, Andhra Bhoomi Daily, Deccan Chronicle Holdings Limited 36, Sarojini Devi Road, Secunderabad - 500 003 15.
• 16. The Managing Director, Andhra Bhoomi Daily,. Deccan Chronicle Holdings Limited 36, Sarojini Devi Road, Secunderabad - 500 003
• 17. V Subramanyam Reporter, Andhra Bhoomi Daily, Pernambut ROAD, V Kota-517424, Chittoor District, A .P

Page No.5 ^c

Nukrapu Padmaja, Editor and Managing Director, Surya Teiugu Daily, SURYA SOUDHA, Plot N0.22, Door NO 8-2-293/82/A/22, Road NO.5, Jubilee HILLS, HYDREBAD-500033 18.

• V Doraswamy, S/o. Venkataswamy, Reporter of Surya Teiugu Daily, Gesthimpalli Village, V Kota Mandal, PIN 517424. Chittoor Dist, A .P 19.
• The EDITOR , Andhra Akshara Teiugu Daily H. NO. 11-136/80, Venkatadhri NAGAR, Near Gooty Petrol Bunk, KURNOOL- 518003 20.
• Rajesh Babu, Reporter, Andhra Akshara Teiugu Daily, V.Kota Town, Chittoor District, AP PIN-517424 21.
• 22. Paturu Ramaiah, Editor, Prajashakthi Teludu Daily D. NO. 27-30-4, Akulavari Veedhi, Governerpeta, Vijayawada.
• K.Bala Krishna, Reporter, Prajashakthi Teludu Daily, Doddipalli Village,. V Kota Mandal, Chittoor District, A P PIN-517424 23.
• 24. Mootha Goutham, Editor and M.D., Andhra Prabha Teiugu Daily Part NO. 75, .OPP: TIME Hospital, Ashok Nagar, VIJAYAWADA, 520010.
• 25. Srinivasulu Reporter, Andhra Prabha Teiugu Daily,. V Kota Mandal, Chittoor District,' A.P. PIN-517424
• 26. Muthyafa Prasad, Editor, Vishalandhra Vignana Samithi, Vijayawada.
• 27. L Shafirulla Khan, reporter, Vishalandhra Teiugu DAILY, V Kota.Mandal, Chittoor District, A.P. PIN-517424

c	Page<br>No.6
28.	Chowdhary<br>Naredndra<br>News<br>Rachana<br>NTV-Telugu<br>Channel,<br>Television<br>Pvt<br>Ltd<br>Road<br>564-A-19/111,<br>No.92,<br>Plot<br>'<br>- 500033<br>Hills Hyderabad,<br>Telangana<br>Jubilee
29.	NTV<br>Rajendhra,<br>Reporter,<br>V<br>Mandal,<br>Kota<br>Chittoor<br>District,<br>PIN-517424<br>A.P.
30.	Thummala<br>Narendhra,<br>I News<br>TV<br>Chairman,<br>Telugu<br>Channel<br>NO<br>PLOT<br>Door<br>N0.9,<br>1-65/2,<br>Hills, Madhapur,<br>Hyderabad-500033<br>Kavuri
31.	NEWS<br>ROSHAN,<br>REPORTER,<br>TV<br>S.<br>I<br>V<br>Kota<br>Mandal,<br>Chittoor<br>District,<br>PIN-517424<br>A.P.
32.	MAHAA<br>The<br>News<br>TV<br>Chairman<br>Channel<br>Road<br>1038,<br>No.<br>Nb;76,<br>Plot<br>Open<br>B.R.Ambedkar<br>Near<br>Road<br>University<br>Hills, Hyderabad<br>033<br>-.500<br>Jubilee
33.	MAHAA<br>NEWS<br>Ahmad,<br>1^/. REPORTER,<br>Nisar<br>S.<br>V<br>Kota<br>Mandal,<br>Chittoor<br>District,<br>PIN-517424<br>A.P.
34.	NEWS<br>TELUGU<br>CHANNeL,<br>The<br>PRIME<br>TV<br>Chairman,<br>9<br>Samhitha<br>Broadcasting<br>Pvt<br>Limited,<br>HYDERABAD
35.	A<br>Surya<br>Prakash<br>Reddy,<br>NEWS<br>PRIME<br>TV<br>REPORTER,<br>9<br>Krishnapuram<br>Viilage,<br>V<br>Mandal,<br>Kota<br>Chittoor<br>District,<br>PIN-517424<br>A.P.
36.	The<br>Chairman,<br>NEWS<br>CHANNAL<br>STUDIO<br>TELUGU<br>TV<br>N<br>Near<br>O.U.Colony<br>Police<br>Station,<br>Hyderabad<br>-<br>500<br>032<br>Gachibowli,
37.	Anwar<br>Wahab,<br>S/o.Abdhul<br>NEWS<br>STUDIO<br>TV<br>REPORTER,<br>N<br>Near<br>Gas<br>Godown,Bharath<br>Nagar,<br>V<br>Mandal,<br>Kota<br>Chittoor<br>District,<br>PIN-517424<br>A.P.
38.	NEWS<br>TODAY<br>BHARATH<br>The<br>CHANNAL,<br>TV<br>Chairman,<br>Samhitha<br>Broadcasting<br>Pvt<br>Limited;<br>HYDERABAD

• 39. <3 SRItMIVASULU, BHARAXH XODAY NEWS 'T' REPORTER, Paccharamakulapalll Village, Dhanamalahigaripalll t'ost, V Kota Manclal, Chittoor District,
  • A.P. Pirsi-S 17-42-1^
  • The CHAIRMAN, SAKSHI NEWS TV TEUUGU CHANNAU Door NO.S-3-2A9/1, SakshI Towers, Road No.i, Beside Care Hospital, Banjaraa Hills, Hyderat>ad-50003A
  • Syed Akram, SAKSHI TV REPORTER, Pernumbut Road, V Kota Mandal, Chittoor District, A.P. PIN-517A2A
• A2. The CHAIRMAN, lOTV TE1-UC3U CHANNAU S-2-293/82/A/1265, Jubilee Co-Op House Building Society, Road Number 36, Jubilee Hills, Hyderabad - 500033.
• -43. N Guruswamy, lO TV REPORTER, Kummaramadugu Village, Dhanamalahgarlpalll Post, V Kota Mandal, Chittoor District, A.P. PIN-517A24

-40.

-41,

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A-4. Madhu Sudhan, S/o Ramakotl, Bharath NAGAR, Gas Office Route, V Kota Mandal, Chittoor District, A.P. PIN-S17-42^ — Respondents

pleased to issue ^a WRIT OF MANDAMUS Court may be S.r.o^.a/9 o. tHe Petitioner sltu^ane'.^ll^'apl^^I.rvi.ir.e^^O^K

lA NO: ¹ OF 2019

RESTRAIN the Respondent Nos 7 to Court may be pleased to c2Xrn%°;."N;"2*Sfs'rn^d"i;ra"n" Wrlf^?e1l^*n^"''"^""'' Manda,"irh?tt;or^I^ls"i^lc1®p2n°dln*;"dK;'^^^^^

Counsel for the Petitioners: SRI V B 9UBRAHMANYAM

Counsel for the Respondents: GP FOR REVENUE

Counsel for the Respondents: SRI G.VENKATA REDDY, SC for GRAM RANCHAYAT WRIT PETITION NO: 16468 OF 2021

Between: /

Smt Chinna Ramakka, W/o.Venkata Ramana Raju aged R/o.Papepalle Village V.Kota Mandal Chittoor District. about ⁷² years,

...Petitioner

AND

• 1. The State of Andhra Pradesh, Rep.by PrI. Secretary, Revenue Department Secretariat, Velagapudi, Amaravati Mandal, Guntur District
• 2. The District Collector Chittoor, Chittoor District.
• 3. The Joint Collector, Chittoor, Chittoor District.
• 4. The Sub-Collector, Madanapalle, Chittoor District.
• 5. The Tahsildar, V.Kota Mandal Chittoor District.
• 6. The V.Kota Gram Panchayath, V.Kota Village and Mandal Chittoor District Rep.by its Executive Officer.

...Respondents

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 OF MANDAMUS, declaring the action of the Respondents in issuing the house site pattas to the third parties basing / on the

""n1yVo"26/frnd'ifan° ®VT'^'« Situated at Papepa'li vfage of VkI M^nHa parties 5raS:.Sr#»^ in lands in an extent of Ac ⁰ 82^^rp!!f<i Ac.0.40 cents in Sy No 26/8 and in J fT 'n Sy.No.26/6. in an extent of situated at PapeparVillaqe of v Sy.No.26/9 except in accordance h law CO

ir

lA NO: ¹ OF 7000

Between:

• 2. The District Collector Chittoor, Chittoor District
• 3. The Joint Collector, Chittoor, Chittoor District,
• t Th! O'"- Madanapalle, Chittoor District.
• 5. The Tahsildar, V.Kota Mandal Chittoor District.

...Petitioners/Respondents AND '■ R/o'p?pepallelTage%T^^^^^ ^2 years.

...Respondents/Petitioners

2. The V.Kota Gram Panchayath, V.Kota Village and Mandal Chittoor District Rep.by its Executive Officer. ^

■e ni>»* ■••^®®P®ddents/Respondents IS not necessary parties in this petition) (Respondent No.2 ⁱ

the affidaviUiled''i^'s®upp" orthTp^etS"the High'cVu'rt ' vacate the interim order granted on t&'^n w^,Na?6468/202,. in may be pleased to

lA NO: ¹ OF 7{^7^

in the affidavit filed in support oHhe petition fh^H' ^h r® ^"'cumstances stated restrain the Respondents herein from disnn« pleased to ^m an extent of Ac. ⁰ ⁸² cents in Sv Nn^Sn petitioner from the lands Sy.No.26/8 and in an extenrof Ac ' c in Village of V.Kota Mandal under the ^y '^°-26/9 situated at Papepalli savour Of third parties bas-^'n t -n

Papepalli, V.Kota Mandal by issuing situated at Papepalli Village, V.Kota Mandal, Chittoor District pending disposal of Writ Petition.

Counsel for the Petitioners: SRI V B SUBRAHMANYAM

Counsel for the Respondents: GP FOR REVENUE

Counsel for the Respondents: SRI G.VENKATA REDDY, SC for GRAM PANCHAYAT

The Court made the following common order:

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION Nos.3351. 8024. 8058 of 2019 and 16468 of

2021

WRIT PETITION No. 3351 of 2019

Chinna Ramakka , W/o Venkata Ramana Raju aged about 70 years, R/o. Papepalle Village, V.Kota Mandal, Chittoor District.

... Petitioner

Versus

The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi Mandal, Guntur District and 22 others

(Respondent Nos.6 to 23 are impleaded as per order dated 13.02.2024 passed in I.A.No.l of 2021.)

... Respondents

Counsel<br>the<br>petitioner<br>for	V<br>B<br>Subrahmanyam<br>Sri<br>;
Counsel<br>respondents<br>for	GP<br>and<br>Revenue<br>of<br>:<br>V<br>R<br>Kowuri<br>Reddy<br>Sri

WRIT PETITION No. 8024 of 2019

Chinna Ramakka, W/o Venkata Ramana Raju aged about 70 years, R/o. Papepalle Village, V.Kota Mandal, Chittoor District.

... Petitioner

Versus

The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department

SRS,J W.P.Nos.3351,8024 and 8085 of 2019 and 16468 of 2021

Secretariat, Velagapudi, Amaravathi Mandal, Guntur District and 60 others.

(Respondent Nos.44 to 61 are impleaded as per order dated 13.02.2024 passed in I.A.No.l of 2021.)

... Respondents

Counsel<br>the<br>petitioner<br>for	V<br>B<br>Subrahmanyam<br>Sri<br>:
Counsel<br>respondents<br>for	GP<br>and<br>Revenue<br>of<br>:<br>V<br>R<br>Kowuri<br>Reddy<br>Sri

WRIT PETITION No. 8058 of 2019

Chinna Ramakka, W/o Venkata Ramana Raju aged about 70 years, R/o. Papepalle Village, V.Kota Mandal, Chittoor District.

... Petitioner

Versus

The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi Mandal, Guntur District and 43 others.

... Respondents

Counsel<br>the<br>petitioner<br>for	V<br>B<br>Subrahmanyam<br>Sri<br>:
Counsel<br>respondents<br>for	GP<br>Revenue<br>and<br>of<br>:<br>Venkat<br>Reddy,<br>standing<br>G.<br>Sri<br>counsel

WRIT PETITION No. 16468 of 2021

Chinna Ramakka , W/o Venkata Ramana Raju aged about 72 years, R/o. Papepalle Village, V.Kota Mandal, ChittoorDistrict.

... Petitioner

Page 3 of 16

SRSJ W.P.Nos.3351,8024 and 8085 of 2019 and 16468 of 2021

Versus

The State of Andhra Pradesh, represented by its Principal Secretary, Secretariat, Velagapudi, Guntur District and 4 others. Revenue Department Amaravathi Mandal,

... Respondents

Counsel<br>the<br>petitioner<br>for	:	V<br>B<br>Subrahmanyam<br>Sri
Counsel<br>respondents<br>for	:	GP<br>and<br>Revenue<br>of<br>Venkat<br>Reddy,<br>standing<br>G.<br>Sri<br>counsel

COMMON ORDER

W.P.No. 3351 of 2019 is filed seeking the following relief:

"... to issue Writ of Mandamus, declaring the action of the Respondents in dispossessing the Petitioner from the lands in an extent 1.00 cents in Sy.No.26/6, in an extent 0.40 cents in Sy.No.26/8 and in an extent 0.82 cents in Sy.No.26/9 situated at Papepalli Village of V. Kota Mandal, Chittoor District without following due process of law as illegal, arbitrary and unconstitutional and consequentially restrain the Respondents herein from dispossessing the petitioner from the ands in an extent 1.00 cents in Sy.No.26/6, in an extent 0.40 cents in Sy.No.26/8 and in an extent 0.82 cents in Sy.No.26/9 situated at Papepalli Village, V. Kota Mandal, Chittoor District except in accordance with law and to pass such other or further orders ..."

2. W.P.No. 8024 of 2019 is filed seeking the following relief:

"... to issue WRIT OF MANDAMUS, declaring the action of the Respondent ¹ to 5 herein in not taking action against Respondent Nos.6 to 43 in pursuance of the status quo order dated 01.04.2019 passed in W.P.No.3351 of 2019 by this Honhle Court as illegal, arbitrary and unconstitutional and consequentially restrain the Respondent Nos.6 to 43 herein from proceeding with the illegal constructions on the lands in an extent Ac. 1.00 cents in Sy.NO.26/6, in an extent Ac.0.40 cents Sy.No.26/8 and in an extent Ac.0.82 cents in Sy.No.26/9 of the Petitioner situated at Papepalli village, V.Kota Mandal, Chittoor District and to pass such other or further orders ..."

3. W.P.No. 8058 of 2019 is filed seeking the following relief:

"... to issue Writ of Mandamus, declaring the action of the Respondent No.6 herein in not taking action on the Petitioner's Representations dated 10.03.2019 and 28.03.2019 in accordance with the A.P. Panchayat Raj Act, 1994 against Respondents Nos.7 to 43 as illegal, arbitrary and unconstitutional and consequentially restrain the Respondents Nos.7 to 44 herein from proceeding with the illegal constructions on the lands in an extent Ac. 1.00 cents in Sy.No.26/6, in an extent Ac.0.40 cents in Sy.No.26/8 and in an extent Ac.0.82 cents in Sy.No.26/9 of the Petitioner situated at

Papepalli Village, V. Kota Mandal, Chittoor District and to pass such other or further orders ..."

4. W.P.No. 16468 of 2021 is filed seeking the following relief:

"... to issue a WRIT OF MANDAMUS, declaring the action of the Respondents in issuing the house site pattas to the third parties basing on the sketch in the lands in an extent of Ac.0.82 cents in Sy.No.26/6, in an extent of Ac.0.40 cents in Sy.No.26/8 and in an extent of Ac. 1.00 cents in Sy.No.26/9 situated at Papepalli Village of V. Kota Mandal belong to the Petitioner contrary to the order dated 01.04.2019 in I.A.No.l of 2019 in W.P.No.3351 of 2019 without considering the representations dated 08.01.2020, 10.06.2021, 02.07.2021 and 08.07.2021 is illegal, arbitrary and violative of principles of Natural Justice and consequently restrain the respondents from interfering with the peaceful possession and enjoyment of the lands in an extent of Ac.0.82 cents in Sy.No.26/6, in an extent of Ac.0.40 cents in Sy.No.26/8 and in an extent of Ac. 1.00 cents in Sy.No.26/9 situated at Papepalli Village of V. Kota Mandal belong to the petitioner by setting aside sketch for Field No.26/3, 5, 6, 7, ⁸ ⁸⁵ 27/1 of Papepalli, V. Kota Mandal and the House site pattas granted in favour of third parties in lands in an extent of Ac.0.82 cents in Sy.No.26/6, in an extent of Ac.0.40 cents in Sy.No.26/8 and in an extent of Ac. 1.00 cents in Sy.No.26/9 situated at Papepalli Village of V. Kota Mandal which belongs to the petitioner except in accordance with law and pass such other or further orders ..."

Since the subject matter and property in these writ petitions are one and the same, these writ petitions are disposed of by this common order. 5.

6. The brief facts of the case are that petitioner's mother-inlaw purchased Ac. 1.00 cents in Sy.No.26/6, Ac.0.40 cents in Sy. No. 26/8, and Ac.0.82 cents in Sy.No.26/9, Papepalli Village of Palamaneru Taluk, Chittoor District, which are sotriyam inam lands of No.69 of Sotriyam Papepalli Village of Palamaneru Taluk, Palamaneru Sub-division, under registered sale deeds dated 19.05.1963, 20.10.1962 and 20.10.1962 respectively. Since no survey was conducted at the time of purchase of the property, the lands were given T.D.No.l352 and petitioner's mother-in-law continued in possession and enjoyment of the subject property. The subject property was allotted to petitioner's family in joint family settlement. After the death of petitioner's husband, petitioner made several representations before the authorities for mutation of her name in the revenue records. However, without considering the same, the authorities are issuing house site pattas by declaring the land as Government lands and constructions are being made in the subject land. Therefore, petitioner filed W.P.No.3351 of 2019 and this Court has granted order of status quo. Despite receiving

copy of order of status quo, the official respondents have not taken any against the unofficial respondents. Hence, the writ petitions.

7. Counter affidavits are filed by Tahsildar, V. Kota Mandal, Chittoor District, in W.P.Nos.3351 of 2019 and 16468 of 2021. It was contended that the subject land is classified as Assessed Waste Dry (AWD) as per village revenue accounts. Village was resurveyed and settlement was finalized during 1916. The subject lands are government lands classified as 'Anaadheenam' and hence, house site pattas were issued. The petitioner has no other documentary proof except registered sale deed. No house site pattas were granted pursuant to the interim order dated 01.04.2019. File with regard to the T.D. number mentioned in the registered document is not available in their office or at Taluk office, Palamaner. Eventually, prayed to dismiss the writ petitions.

8. Petitioner filed reply affidavit in W.P.No. 16468 of 2021 denying the averments of the counter affidavits.

9. I.A. Nos.l of 2021 were filed by third parties in W.P.Nos.3351 and 8024 of, 2019, to come on record as

respondent Nos.6 to 23 and 44 to 61 respectively in the said writ petitions.

10. Heard Sri V B Subrahmanyam learned counsel for the petitioner, Sri V R Reddy Kowuri, learned counsel representing the implead respondents, learned GP for Revenue and Sri G. Venkat Reddy, learned standing counsel for V. Kota Grampanchayat.

11. Learned counsel for the petitioner submits that in the oral partition effected in the year, 1970, the subject property was allotted to the petitioner's family. He submits that on coming to know about issuance of house site pattas in the subject land. petitioner made application under 'the Right To Information Act' and as per the information submitted by respondent No.3, no V.H.S.pattas were granted to anyone. However, unofficial respondents are trying to construct houses and shopping complexes. He submits that notwithstanding the order of status quo, constructions are being carried out.

12. On the other hand, learned counsel for the respondents submitted that nothing is recorded in the revenue records to show that the subject land is private land. It is submitted that as per the Government records, the land is described as Anadeenam and hence, pattas were issued.

13. The point for consideration is whether the petitioner is entitled to the relief sought for?

14. As can be seen from the pleadings and material on record. petitioner is asserting title and possession over Ac. 1.00 cents in Sy.No.26/6, Ac.0.40 cents in Sy. No. 26/8, and Ac.0.82 cents in Sy.No.26/9, Papepalli Village of Palamaneru Taluk, Chittoor District based the sale said to have been purchased by her mother-in-law. On the other hand, the respondents are claiming that the property is government land, anadeenam, and hence pattas were issued.

15. According to the petitioner, since no survey was conducted at the time of purchase of the property, the lands were given T.D.No.1352. No document was filed by the petitioner to corelate the T.D. number with the survey numbers as claimed in the affidavit. Petitioner also did not file any revenue record reflecting the name of petitioner or predecessor in interest. On the other hand, revenue records filed by the respondents, show that the lands are anadeenam land. The questions whether the land is anadeenam and as to whether the subject T.D.No. 1352 is

related to the subject survey numbers are purely disputed questions of fact.

16. It is settled position of law that disputes regarding possession and title of immovable property cannot be effectively adjudicated in summary proceedings under Article 226 of Indian Constitution, on the basis of affidavit and counter affidavit without letting in evidence.

17. The HonTole Supreme Court in Radha Krishnan Industries v. State of Himachal Pradesh b summarized the following principles on the maintainability of a writ petition before the High Court:

18. The principles of law which emerge are that: 27.1. The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights, but for any other purpose as well.

27.2. The High Court has the discretion not to entertain a writ petition. One of the restrictions placed on the power of the High Court is where an effective alternate remedy is available to the aggrieved person.

27.3. Exceptions to the rule of alternate remedy arise where : (a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged.

27.4. An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law.

27.5. When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is ^a rule of policy, convenience and discretion.

27.6. In cases where there are disputed questions of fact. the High Court may decide to decline jurisdiction in a writ

/

/

petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with.

18. In Sohan Lai vs. Union of India^, Apex Court observed as under:

"We do not propose to enquire into the merits of the rival claims of title to the property in dispute set up by the appellant and Jagan Nath. If we were to do so, we would be entering into a field of investigation which is more appropriate for a Civil Court in a properly constituted suit to do rather than for a Court exercising by issuing writs. There are questions of fact and law which are in dispute requiring determination before the respective claims of the parties to this appeal can be decided. Before the property in dispute can be restored to Jagan Nath it will be necessary to declare that he had title in that property ad was entitled to recover possession of it. This would in effect amount to passing a decree in his favour. In the circumstances to be mentioned hereafter, it is a matter for serious consideration whether in proceedings under Article 226 of the Constitution such declaration ought to be made and restoration of the property to Jagan Nath be ordered "

19. In Smt. Parvatibai Subhanrao vs. Anwarali Hasanali Makani3, Apex Court held that the Court ordinarily will not

^ 1957 SCR 738

determine the title over the immovable property under Article 226 of Constitution of India. In cases relating to immovable properties which are governed by the ordinary civil law, the High Court should not exercise its special jurisdiction under the Constitution unless the circumstances are exceptional.

20. In Mohan Pandey And Another vs. Smt. Usha Rani Rajgaria And Others^, Apex Court observed as under:

"A regular suit is the appropriate remedy for settlement of disputes relating to property rights and the remedy under it, is not available except where violation of some statutory duty on the part of a statutory authority is alleged. High Court cannot allow its constitutional jurisdiction to be used for deciding disputes, for which remedies, under the general law, civil or criminal, are available. It is not intended to replace the ordinary remedies by way of a suit or application available to a litigant. The jurisdiction under Article 226 of the Constitution being special and extraordinary, it should not be exercised casually or lightly."

21. The Constitutional Bench of Supreme Court in. Steel Authority of India Ltd. v. National Union Water Front Workers ^ held as under:

^{^} 1992 (1) see 414

^&#x27;' 1992 (4) see 61

^&quot; (2001) 7 see ¹

123. We have used the expression industrial adjudicator design as determination of the questions aforementioned requires inquiry into disputed questions of facts which cannot conveniently be made by High Courts in exercise of jurisdiction under Article 226 of the Constitution. Therefore, in such cases the appropriate authority to go into those issues will be industrial tribunal/court whose determination will be amenable to judicial review." by

In the case hand, as stated supra, the questions as 22. to whether the land is anadeenam or private land being a serious disputed question of fact, normally will not be adjudicated in the writ petition. The petitioner made an averment in the affidavit about the survey numbers. As per the revenue record, the survey numbers, it was mentioned as Anadeenam. The xerox copies of the document filed, along with writ petition, do not indicate survey numbers, and it reflect only T.D. number. In fact, there is no plea in the writ affidavit that the survey number and T.D. number is one and same. It was simply mentioned in the affidavit about survey numbers without any basis. Thus, the averment made in the affidavit, cannot be treated as gospel truth. Tax receipts filed along with the writ petition do not, per se, establish petitioner's right, title or possession over the property claimed. The petitioner ought to have invoked common

SRS, ^J W.P.Nos.3351,8024 and 8085 of 2019 and 16468 of 2021

law remedy. It is also an undisputed fact that the authorities issued house site pattas to different individuals and seems constructions were going on.

23. In view of the discussion supra, this court doesn't find any merit in the writ petitions. These writ petitions are liable to be dismissed. Accordingly, writ petitions are dismissed, however no costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

Sd/- M. PADMALATHA ASSISTANT REGISTRAR \ //TRUE COPY// / TfON OFFICER

To,

1. One CC to Sri V B Subrahmanyam, Advocate [OPUC]

2. One CC to Sri V.R.Reddy Kovvuri, Advocate [OPUC]

3. One CC to Sri G.Venkata Reddy, SC for Gram Panchayat [OPUC]

4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

5. Two CD Copies RAM

gl

HIGH COURT

DATED: 13/02/2024

COMMON ORDER

WP.Nos.3351, 8024, 8058 of 2019 And 16468 of 2021

DISMISSING ALL THE WP's WITHOUT COSTS