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CDJ 2026 APHC 1514 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 19883 of 2026
Judges: THE HONOURABLE MS. JUSTICE B. S. BHANUMATHI
Parties : T. Supriya & Others Versus The State of Andhra Pradesh, represented by its Principal Secretary, Guntur & Others
Appearing Advocates : For the Petitioners: Jitendra Kanyalur, Avocate. For the Respondents: Government Pleader for Revenue, Government Pleader for Forests.
Date of Judgment : 12-08-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971
- Articles 14, 19(1)(g), 21 and 300‑A of the Constitution of India
- G.O.Ms.No.508, Forest & Rural Development Department (dated 19.10.1981)

2. Catch Words:
mandamus, injunction, natural justice, title, possession, appeal, stay, jurisdiction

3. Summary:
- The petitioners sought a writ of mandamus under Article 226 to set aside proceedings under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, alleging illegality and violation of constitutional rights.
- The High Court noted the earlier civil suit (O.S. No. 68 of 2016) that declared the petitioners’ title and granted a permanent injunction against the forest authorities.
- The High Court also recorded its earlier orders protecting the petitioners’ pattadar pass books and title deeds.
- The Forest Department’s appeal against the civil decree is pending before the appellate court, and no final order has been passed in the pending ROR proceedings.
- The petitioners approached the Court before the statutory enquiry date, and the Court found the writ petition to be premature.
- Consequently, the Court disposed of the writ petition by merely recording the written instructions of the Revenue Department as part of the order, without granting any relief.
- No costs were awarded and any miscellaneous petitions were closed.

4. Conclusion:
Petition Dismissed
Judgment :-

01. This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of Mandamus, declaring the proceedings of the respondent No.3 in petition Case No. ROR0107202613628 dated 07.07.2026, including the issuance of Form-I and Form-Il notices under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice and Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India, particularly in view of the judgment and the decree dated 31.03.2026 passed in O.S. No.68 of 2016 by the learned Senior Civil Judge, Punganur declaring the petitioners' right, title and possession and granting permanent injunction against the respondents Nos. 6 and 7; and consequently set aside the said proceedings and restrain the respondents from interfering with the petitioners' peaceful possession, enjoyment and entries in the revenue records relating to the schedule property, except by due process of law, and pass such other order or orders as this Court deems fit in the interest of justice.

02. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No.3 vide Roc. No. D2 / ROR / W.P.-19883 / 2026, dated. 27.07.2026, wherein it is mentioned in paragraph No.3 as follows:

                  “1. The subject land comprises Sy.No.82 (Ac.18.04 cents), Sy.No.83/5 (Ac.1.64 cents) and Sy.No.83/6 (Ac.0.38 cents), aggregating to Ac.20.06 cents, situated at Chandramakulapalle village, Punganur mandal, Annamayya District.

                  2. The Forest Department claims that the subject land forms part of the Boyakonda Extension Reserve Forest notified under G.O.Ms.No.508, Forest & Rural Development Department, dated 19.10.1981.

                  3. The petitioners claim title through their predecessor-in-interest, Sri Kavali / Gutthi Venkataswamy, who is stated to have purchased the property from the erstwhile Punganur Zamindars under Registered sale deed No.470 of 1995, dated 17.03.1995. Subsequently, upon settlement operations, the paimashi numbers were correlated to the present survey numbers under title deed No.6169 during the year 1956.

                  4. Earlier proceedings initiated by the predecessor-in-title before the Forest Settlement Officer in R.C.No.56/64 ended in dismissal. The consequential appeal before the District Court, Chittoor, and C.R.P.No.1969 of 1974 before the Hon’ble High Court were also dismissed.

                  5. Thereafter, the legal heirs of the original purchaser executed four registered sale deeds dated 24.08.2010 in favour of the present petitioners, pursuant to which mutation was effected and pattadar pass books and title deeds were issued in their favour.

                  6. Subsequently, the Sub-Collector, Madanapalle, by proceedings dated 28.12.2026, and the Joint Collector, Chittoor, by proceedings dated 15.04.2017, directed that the subject survey numbers be entered in the Webland Disputes Register and suspended the pattadar pass book and title deeds issued in favour of the petitioners.

                  7. The aforesaid proceedings were challenged before the Hon’ble High Court in W.P.No.46821 of 2016 and W.P.No.35228 of 2017. By orders dated 02.02.2017 and 07.11.2017, this Hon’ble Court suspended the impugned proceedings and subsequently made the interim orders absolute. The Honourable Court, inter alia, held that an appeal at the instance of the Forest Range Officer against issuance of Pattadar Pass Books is not maintainable and that such proceedings can be initiated only by the competent authority in accordance with law.

                  8. The applications filed by the Forest Department and the Revenue Department seeking vacation of the interim orders were dismissed by the Hon’ble High Court on 07.11.2017.

                  9. During the pendency of the above proceedings, the petitioners instituted O.S.No.68 of 2016 before the Court of the Senior Civil Judge, Punganur, seeking declaration of title and permanent injunction. By the judgment and decree dated 31.03.2026, the suit was decreed declaring the petitioners’ title over the suit schedule property and granting permanent injunction against the forest authorities.

                  10. The Trial Court, while decreeing the suit, observed that the Forest Department failed to establish correlation between G.O.Ms.No.508 dated 19.10.1981 and the subject survey numbers, failed to produce mutation entries in its favour, and had not instituted any proceedings for cancellation of the petitioners’ registered sale deeds or pattadar pass books. The Forest Range Officer’s evidence was also considered by the Trial Court while recording its findings.

                  11. It is informed that the Forest Department has preferred an appeal against the aforesaid Judgment and Decree dated 31.03.2026 along with an application for condonation of delay. The said appeal is stated to be pending before the competent Appellate Court and the Judgment and Decree have not been stayed.

                  12. The petitioners subsequently alleged interference by the Forest authorities and police and filed W.P.No.15125 of 2026. By interim order dated 04.06.2026, the Hon’ble High Court directed that the police shall not interfere in the civil dispute unless a cognizable offence is disclosed through a written complaint, while leaving the rights of the parties to be adjudicated before the competent forum.

                  13. It is respectfully submitted that, pursuant to the representation submitted by the Forest Range Officer, Punganur, seeking cancellation of the Pattadar Pass Books and Title Deeds standing in the names of the petitioners, proceedings were initiated under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The matter was originally pending before the Joint Collector District. Consequent upon the reorganization of districts, the subject land, having fallen within the territorial jurisdiction of Annamayya District, the entire record was transferred to the office of the Joint Collector, Annamayya District, for continuation of the statutory proceedings. Thereafter, the matter was registered as Petition Case No. ROR0107202613628, and Form-I and Form-II Notices, both dated 07.07.2026, were issued to the respective parties, fixing 18.07.2026 as the date of enquiry.

                  14. It is respectfully submitted that the proceedings under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, and presently pending before the Joint Collector, Annamayya District, and no final orders have been passed. The petitioners were afforded an adequate opportunity to participate in the statutory enquiry and place all their objections, documents and contentions before the competent authority. However, instead of participating in the enquiry on the notified date, the petitioners approached this Hon’ble Court by filing the present Writ Petition. It is respectfully submitted that the pendency of the aforesaid statutory proceedings was not disclosed in the writ affidavit, thereby depriving this Hon’ble Court of a complete factual picture at the time of admission.

                  15. It is further respectfully submitted that the Revenue Authorities are conscious of the fact that the learned Senior Civil Judge, Punganur, by Judgment and Decree dated 31.03.2026 in O.S.No.68 of 2016, declared the title of the petitioners and granted permanent injunction against the Forest authorities. It is also a matter of record that this Hon’ble Court, by orders dated 02.02.2017 and 07.11.2017, granted protection to the pattadar pass books and title deeds issued in favour of the petitioners. It is further informed that the Forest department has preferred an appeal challenging the aforesaid judgment and decree, which is stated to be pending consideration before the competent Appellate Court.

                  16. In view of the above circumstances, the Revenue Authorities have consciously refrained from passing any final orders in the pending ROR proceedings. Since the questions relating to title, possession and the validity of the Civil Court decree are presently the subject matter of judicial scrutiny before the competent Appellate Court, it is considered appropriate that the statutory proceedings pending before the Joint Collector shall abide by, and be regulated in accordance with, such orders or directions as may be issued by this Hon’ble Court, so as to avoid conflicting decisions and multiplicity of proceedings. ”

03. In view thereof, the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue requested to dispose of the writ petition recording the written instructions as part of the order.

04. Accordingly, the writ petition is disposed of recording the written instructions noted above as part of the order.

There shall be no order as to costs.

Consequently, all miscellaneous petitions, if any, pending in this writ petition shall stand closed.

 
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