Andhra Pradesh High Court - Amravati
Mandal vs The State Of Andhra Pradesh on 8 January, 2026
Author: D Ramesh
Bench: D Ramesh
[
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY JHE EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
:PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 621 OF 2026
Between:
Devarapalli Saroja, W/o. Late Sitharamachandramurthy, Age 66 years, Occ
Agriculture, R/o.H.No.3-148, Chandrampalem Village, Samarlakota
Mandal, Kakinada District, Andhra Pradesh, PIN Code - 533440
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Andhra Pradesh, PIN Code -
522238
2. The District Collector, Kakinada District at Kakinada, PIN Code -
533440
3. The Joint Collector, Kakinada District at Kakinada, PIN Code-533001
4. The Revenue Divisional Officer, Kakinada, at Door No. 1-68, SBI
Vakalapudi Branch Back side, Valasapakala, Kakinada, Kakinada
District, PIN Code-533005
5. The Tahsildar, Samarlakota Mandal, at Samarlakota, Kakinada District,
PIN Code-533440
6. The Superintendent of Police, Kakinada District, Bhanugudi Junction,
Kakinada, PIN Code-533003
7. The Station House Officer, Samarlakota Police Station, Kakinada
District, PIN Code - 533440
8. Gavara Jagannadha Rao alias Raja, S/o.Suryanarayana Murthy,
R/o.Door N0.3-I6B-I2O, Sri Nivas, 3rd Street, G.O.Colony, Shanthi
Nagar, C/o.Bhanu Nursing Home, Kakinada-533003
9. Gavara Seshagiri Rao, S/o.Suryanarayana Murthy, R/o.Door No.3-16B-
120, Sri Nivas, 3rd Street, G.O.Colony, Shanthi Nagar, C/o.Bhanu
Nursing Home, Kakinada-533003
10.
Gavara Ravi Kumar, S/o.Suryaharayana Murthy, R/o.Door No.3-
16B-120, Sri Nivas, 3rd Street, G.O.Colony, Shanthi Nagar, C/o.Bhanu
Nursing Home, Kakinada-533003
Respondents
Petition under Article 226 of the Constitution of India is filed praying that
m the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue an appropriate writ, order or direction, more particularly
one
in the nature of Writ of Mandamus declaring the Order dt. 12.12.2025 in
ROR Case No.G/1153/2025 passed by the 4*^ Respondent insofar as it directs
the 5th Respondent to take up a fresh enquiry, despite having categorically
held th&t the revenue authorities have no jurisdiction to decide title disputes, in
respect of the lands admesuring (i)Ac.0.564 cents in Sy.No.294/1 (LPM
Nos.2786 and 2787) and (ii) Ac.0.801 cents in Sy.No.294/1A (Joint LPM
No.3099) and (iii) Ac.0.87 cents in Sy.No.297 (LPM No.3100) of
Chandrampalem/Pavara Village, Samarlakota Mandal, Kakindada District and
also declaring the Notice bearing Ref.B/440/2025 dt.27.12.2025 issued by the
5th Respondent proposing to delete an extent of Ac.0.801 cents in
Sy.No.294/1 A (Joint LPM No.3099) from the account of the Petitioner and add
the same to the account of the 8th Respondent as illegal, unjust, arbitrary,
discriminatory, suffers from lack of jurisdiction and in violation of principles of
Natural Justice and also in violation of Articles 14, 19, 21 and 300-A of the
Constitution of India and consequently set aside the impugned order
dt. 12.12.2025, to the extent indicated above, and also set aside the Notice
dt.27.12.2025, and further direct the Respondents not to interfere in the title
disputes relating to the above-mentioned lands.
lA NO: 1 OF 2026
Petition under Section 151 CPC is filed 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 the
Petitioner's possession and enjoyment of the lands admeasuring (i) Ac.0.564
cents in Sy.No.294/1 (LPM Nos.2786 & 2787) and (ii) Ac.0.801 cents in
Sy.No.294/1A (Joint LPM No.3099) and (iii) Ac.0.87 cents in Sy.No.297 (LPM
No.3100) of Chandrampalem/Pavara Village. Samarlakota Mandal, Kakindada
District, in any manner whatsoever, by staying all further proceedings
pusurant to the Order dt. 12.12.2025 in ROR Case No.G/1153/2025 passed by
the 4th Respondent including the Notice bearing Ref.B/440/2025
dt.27.12.2025 issued by the 5*'' Respondent, Pending disposal of WP 621 of
2026, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of SR!
SRINIVAS BOBBILI Advocate for the Petitioner, GP FOR REVENUE for the
Respondent Nos.1 to 5 and of GP FOR HOME for the Respondent Nos.6 & 7
and the Court made the following
ORDER
The learned counsel for the petitioner is permitted to take out personal notice to the respondents No.8 to 10 through RPAD and file proof of service before the registry.
The present writ petition is filed aggrieved by the notice dated 27.12.2025 issued by the 5th respondent.
In fact, the respondent considered the appeal and passed an order, which reads as under:
"Hence without going into the merits of the case, the order issued vide Ref.B./440/2025 dated 21.11.2025 is hereby set aside and the same case is remanded back to the recording authority and the Tahsildar, Samarlakota Mandal to take up the enquiry fresh. It is also directed to process the application only through online mode and do not involve in title dispute between two interested parties if the case may to avoid further legal complications in the matter."
Instead of complying with the said directions, the 5th respondent has once again decided the issue of title by issuing the impugned notice, declaring an extent of Ac.0.801 cents in favour of the unofficial respondents and deleting the name of the petitioner from Khata No.1376.
Considering the said submission and upon perusal of the orders passed by the Revenue Divisional Officer, the impugned notice dated 27.12.2025 is clearly contrary to the directions issued therein.
Accordingly, the impugned notice dated 27.12.2025 is hereby suspended, and any consequential proceedings, if already initiated or passed, shall remain in abeyance.
Post the matter after four (04) weeks.
SD/-U.SRI DEV! deputM registrar //TRUE COPY// SECTION OFFICER To,
1. The Revenue Divisional Officer, Kakinada, at Door No. 1-68, SB! Vakalapudi Branch Back side, Valasapakala, Kakinada, Kakinada District, PIN Code-533005
2. The Tahsildar, Samarlakota Mandal, at Samarlakota, Kakinada District, PIN Code-533440 (1 & 2 by RPAD)
3. One CO to SRI. SRINIVAS BOBBILI Advocate [OPUC]
4. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh.
[OUT]
5. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]
6. One spare copy ADP HIGH COURT DR,J DATED:08/01/2026 POST THE MATTER AFTER FOUR(04) WEEKS ORDER WP.No.621 of 2026 SUSPENSION