Kanchi Desamma Vs the State of Ap

KANCHI DESAMMA, W/O LATE KANCHI JAGANNADHA REDDY, AGED ABOUT 80 YEARS, D.NO. 5-8, SOMANANDHAPURAM VILLAGE, KAVOORIVARIPALLI PANCHAYATH, PENUMURU MANDAL, CHITTOOR DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, TO REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI. A.P - 522 238, 2

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THE DISTRICT COLLECTOR, . CHITTOOR DISTRICT. A.P. - 517002 3.

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THE REVENUE DIVISIONAL OFFICER, CHITTOOR DIVISION, CHITTOR DISTRICT. - A.P. - 517001 34

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THE TAHSILDAR, PENUMURU MANDAL, CHITTOOR DISTRICT. A.P. - 517124 4.

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THE VILLAGE REVENUE OFFICER, GUNTIPALLI REVENUE VILLAGE, PENUMURU MANDAL, CHITTOOR DISTRICT. A.P. - 51712

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court

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may be pleased topleased issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondents in entering into and interfering with the petitioners peaceful possession and enjoyment of land admeasuring Ac.2.15 cents in Survey No.855/2, Guntipalli Revenue Village, Penumuru Mandal, Chittoor District, without issuing any prior notice and without following due process of law, as illegal, arbitrary and unconstitutional, and consequently direct the respondents not to interfere with the petitioners possession except in accordance with due process of law, as laid down in W.P. No.42199 of 2015 and the judgment of the Honble Supreme Court in Rame Gowdas case and to pass

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IA NO: 1 OF 2026

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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 pleased issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, declaring the action of the respondents in entering into and interfering with the petitioner’s peaceful possession and enjoyment of land admeasuring Ac.2.15 cents in Survey No.855/2, Guntipalli Revenue Village, Penumuru Mandal, Chittoor District, without issuing any prior notice and without following due process of law, as illegal, arbitrary and unconstitutional, and consequently direct the respondents not to interfere with the petitioner's possession except in accordance with due process of law, as laid down in W.P. No.42199 of 2015 and the judgment of the Hon'ble Supreme Court in Rame Gowda's case and to pass

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Counsel for the Petitioner:

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1.PASAPALA SUDHAKAR REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following Order:

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

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This writ petition was filed questioning the action of the respondents in entering into and interfering with the petitioner’s peaceful possession and enjoyment of land admeasuring Ac.2.15 cents in Sy.No.855/2, Guntipalli Revenue Village, Penumuru Mandal, Chittoor District without issuing any prior notice and without following due process of law.

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On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3^rd respondent dated 31.12.2025 submits that, the land in an extent of Ac.2.15 cents in Sy.No.855/2 of Guntipalli Revenue Village, Penumuru Mandal, Chittoor District stands in the name of the petitioner under Khata No.248 shown as DKT patta land. However, upon verification of the available records in the office of the 3^rd respondent, no DKT patta has been found to be issued in favour of the petitioner. But a telephonic compliant was received informing that certain unknown persons were attempting to level the Gutta land which is a government land and they were also trying to plant mango trees aged about 3 to 4 years.

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Pursuant to the above said compliant, the VRO, Guntipalli along

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with other revenue staff inspected the subject land and reported that,

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during the inspection, one Sri Manohar son of the petitioner is trying to level the Gutta land and stated that they are in possession of certain revenue records namely adangal and 1B, relating to the said land. However, neither the petitioner nor her son produced any DKT patta issued in respect of the said land. The petitioner orally requested time to produce the DKT patta and other revenue records pertaining to the subject land. At that stage, without producing the same before the 3^rd respondent, the petitioner straight away filed this writ petition. But the 3^rd respondent will follow the due procedure with respect to the subject land.

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In view of the above said facts and circumstances and upon consideration of the written instructions of the 3^rd respondent, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.2.15 cents in Sy.No.855/2 of Guntipalli Revenue Village, Penumuru Mandal, Chittoor District strictly in accordance with law if so warranted for any public purpose by hearing all the parties concerned including the petitioner if she is otherwise found to be in possession of the same, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. The written instructions shall be made as part of the court record.

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