Andhra Pradesh High Court – Amravati
Ganatha Venkata Siva Reddy, vs The State Of Andhra Pradesh, on 16 July, 2025
APHC010218722022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3505]
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 12911/2022
Between:
1. GANATHA VENKATA SIVA REDDY,, S/O. LATE NARASIMHA
REDDY, AGED 75 YEARS, OCC- CULTIVATION, R/O.
H.NO.6-8, SANEVARIPALLI VILLAGE, TANAKALLU MANDAL,
ANANTHAPUR DISTRICT.
2. GANATHA RAJESWARI,, W/O. LATE MOHAN REDDY, AGED
72 YEARS, HOUSEWIFE, R/O. PATRAVANDLA PALLI
VILLAGE, MOHAMMADABAD MANDAL, ANANTHAPUR
DISTRICT.
3. GANATHA VENUGOPAL REDDY,, S/O. LATE MOHAN
REDDY, AGED 58 YEARS, HOUSEWIFE, R/O.
PATRAVANDLA PALLI VILLAGE, MOHAMMADABAD
MANDAL, ANANTHAPUR DISTRICT.
4. GANATHA RAM MOHAN REDDY,, S/O. LATE MOHAN
REDDY, AGED 53 YEARS, HOUSEWIFE, RIO.
PATRAVANDLA PALLI VILLAGE, MOHAMMADABAD
MANDAL, ANANTHAPUR DISTRICT.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,
2
TCDS,J
W.P.No.12911 of 2022
GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT
PUTTAPARTHI.
3. THE DISTRICT EDUCATIONAL OFFICER, PUTTAPARTHI,
SRI SATYA SAI DISTRICT.
4. THE MANDAL EDUCATION OFFICER, KADIRI MANDAL, SRI
SATYA SAI DISTRICT.
5. THE HEAD MASTER, GOVERNMENT BOYS HIGH SCHOOL,
KADIRI TOWN AND MANDAL, SRI SATYA SAI DISTRICT.
6. THE THASILDAR, KADIRI MANDAL, SRI SATYA SAI
DISTRICT.
...RESPONDENT(S):
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 topleased to issue a writ order or
direction more particularly one in the nature a WRIT OF MANDAMUS
declaring the action of respondents 5 and 6 in insisting petitioners to
vacate from their site property of Ac. 0.12 1/2 cents out of Ac.3.00
cents in Sy.No.54-1A1 (Old Sy.No.54-1) of Sydapuram Revenue
Village in Kadiri Mandal of Ananthapur District, for the purpose of
extending school play ground, as illegal, irregular, irrational, without
jurisdiction and violative of Articles 14, 21 and 300-A of Constitution
of India and consequently direct the respondents not to interfere in
any manner with petitioners' peaceful possession and enjoyment
over their said site property and pass
IA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the
circumstances stated in the affidavit filed in support of the petition,
3
TCDS,J
W.P.No.12911 of 2022
the High Court may be pleased pleased to direct the respondents not
to interfere in any manner with petitioners' peaceful possession and
enjoyment over their site property of Ac.0.12 'A cents out of Ac.3.00
cents in Sy.No.54-1A1 (Old Sy.No.54- 1) of Sydapuram Revenue
Village in Kadiri Mandal of Ananthapur District, pending disposal of
the main Writ Petition and pass
IA NO: 2 OF 2022
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 to vacate the interim orders
dt: 02-05-2022 passed in 1A.No.1/2022 in WP.No.12911/2022 and
dismiss the writ petition and pass
IA NO: 3 OF 2022
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 to permit the petitioners to
amend the residential addresses of petitioners and father name of
petitioners 3 & 4 in the cause title of WP No. 12911 of 2022 by
substituting the following cause title. "1. Ganatha Venkata Siva
Reddy. Sib. Late Narasimha Reddy, Aged 75 years, Occ: Cultivation.
Itto. H.No.6-8, Patravandla palli, Mohammadabad Village, Amadagur
Mandal, Sri Satya Sai District. 2. Ganatha Rajeswari, W/o. Late
Mohan Reddy, Aged 72 years, Housewife, R/o. Patravandla palli,
Mohammadabad Village, Amadagur Mandal, Sri Satya Sai District.
Instead of 3. Ganatha Venugopal Reddy, S/o. Late Krishna Reddy,
Aged 58 years, Cultivation, R/o. Patravandla palli, Mohammadabad
Village, Amadagur Mandal, Sri Satya Sai District. 4. Ganatha Ram
Mohan Reddy, S/o. Late Krishna Reddy, Aged 53 years, Cultivation,
4
TCDS,J
W.P.No.12911 of 2022
R/o. Patravandla palli, Mohammadabad Village, Amadagur Mandal,
Sri Satya Sai District." in the interest of justice and pass such other
order or orders as
IA NO: 4 OF 2022
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, vacate the status quo order dated
02.05.2022 in I.A.No.1 of 2022 in W.P.No.12911 of 2022 and also
dismiss the writ petition and pass
Counsel for the Petitioner(S):
1. V.N.V.SURYA DATTU
Counsel for the Respondent(S):
1. GP FOR EDUCATION
2. GP FOR REVENUE
The Court made the following:
5
TCDS,J
W.P.No.12911 of 2022
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 12911 of 2022
ORDER:
The present writ petition is filed questioning the action of
respondent Nos.5 and 6 in insisting the petitioners to vacate from
land admeasuring an extent of Ac.0.12 ½ cents out of total extent of
Ac.3.00 cents in survey No.54-1A1(old Sy.No.54-1) of Sydapuram
Revenue Village, Kadiri Mandal, Ananthapur District.
2. It is the case of the petitioners that their ancestors have
purchased the subject land by virtue of registered sale deed dated
21.02.1947 vide document No.479/1947. The petitioners claim that
the said land is in peaceful possession and enjoyment of their
ancestors and after their demise, the same is inherited by the
petitioners.
3. It is the further case of the petitioners that the respondent
Nos.5 and 6 started interfering with the possession of the petitioners
without giving any notice by stating that, the subject land belongs to
the 5th respondent. It is specifically pleaded in the affidavit that the
subject land is private patta land belonging to the petitioners and the
respondent Nos.5 and 6 have absolutely no right over the same.
Despite the same, the respondent Nos.5 and 6 continued to interfere
6
TCDS,J
W.P.No.12911 of 2022
with the possession of the petitioners on the ground that the subject
land is being used as a play ground by the students of the 5th
respondent’s school. Questioning the action of the respondent Nos.5
and 6, the present writ petition is filed.
4. This Court by an order dated 02.05.2022 directed the
respondents to maintain status quo in all respects with regard to
subject land pending further orders. The said order is subsisted till
today, since the subject land is abutting the school premises and
taking advantage of the same is being used as playground by the
students. It is further stated that the school authorities are making
efforts to pursue the petitioners to donate the subject land for
playground of 5th respondent’s school.
5. On the other hand, the 5th respondent filed counter affidavit
stating that the subject land is in exclusive possession and
enjoyment of the 5th respondent’s school since times immemorial and
the same is also within the knowledge of one and all including the
petitioners. It is further stated that, the 5th respondent school
perfected right and title over the property in dispute.
6. A separate counter affidavit is filed by the 6th respondent/
Tahsildar stating that the subject land is private patta land belonging
to the petitioners. The present writ petition is filed without there being
7
TCDS,J
W.P.No.12911 of 2022
any cause of action inasmuch as the revenue officials did not
interfere with the possession of the petitioners.
7. Heard the learned counsel for the petitioners and learned
Government Pleaders for Education and Revenue.
8. Perused the material on record. It is not in dispute that the
petitioners are the owners of the subject land admeasuring to an
extent of Ac.0.12 ½ cents in Survey No.54-1A1(old Sy.No.54-1) of
Sydapuram Revenue Village. To substantiate their claim, they have
filed the copies of sale deeds along with the present writ petition. On
perusal of the averments made in the counter affidavits, it is clear
that the 5th respondent admitted in clear and unequivocal terms that
the subject land belongs to the writ petitioners and they are making
efforts to pursue the petitioners to donate the same to the school for
the purpose of playground. From the above, it is clear that the 5th
respondent does not have any right over the subject land. Though
the 5th respondent has stated in the counter affidavit that it has
perfected title by adverse possession, in the absence of any order
from the competent civil Court, the contention of the 5th respondent
cannot be countenanced.
09. For the foregoing reasons, the present writ petition is allowed
and the respondents are directed not to interfere with the possession
8
TCDS,J
W.P.No.12911 of 2022
of the petitioners over the lands in dispute. There shall be no order
as to costs.
As a sequel, pending applications, if any, shall stand closed.
_____________________
JUSTICE T.C.D.SEKHAR
Date: 16.07.2025
sj
9
TCDS,J
W.P.No.12911 of 2022
188
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION NO: 12911 of 2022
Date: 16.07.2025
sj