APHC010000262018 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24 Between: 1. AVILALA SRINIVASULU, S/O LAKSHMAIAH, AGED ABOUT 55 YEARS, R/O AVILALA VILLAGE, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. 1. THE STATE OF A P, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE TAHSILDAR, TIRUPATI RURAL MANDAL, TIRUPATI, CHITTOOR DISTRICT. Counsel for the Petitioner: 1. MANJUNATH ALLUR Counsel for the Respondent: 1. The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24 of 2018 AVILALA SRINIVASULU, S/O LAKSHMAIAH, AGED ABOUT 55 YEARS, R/O AVILALA VILLAGE, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND THE STATE OF A P, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. THE TAHSILDAR, TIRUPATI RURAL MANDAL, TIRUPATI, CHITTOOR ...RESPONDENT Counsel for the Petitioner: MANJUNATH ALLUR Counsel for the Respondent: The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE HONOURABLE SMT JUSTICE V.SUJATHA AVILALA SRINIVASULU, S/O LAKSHMAIAH, AGED ABOUT 55 YEARS, R/O AVILALA VILLAGE, TIRUPATI RURAL MANDAL, ...PETITIONER REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. THE TAHSILDAR, TIRUPATI RURAL MANDAL, TIRUPATI, CHITTOOR ...RESPONDENT 2 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24 of 2018 ORDER:- This Writ Petition is filed questioning the action of the Respondents, more particularly Respondent No.3 in attempting to demolish the buildings, temple and other structures in the land of an extent of Ac. 4.75 cents situate in Sy.No. 488 of Avilala Village, Tirupati Rural Mandal, Chittoor District by threatening to dispossess the Petitioner from the subject land as illegal and arbitrary. 2. The Petitioner herein claims to be the owner of the land to an extent of Ac. 4.75 cents situate in Sy.No.488 of Avilala Village, Tirupati Rural Mandal, Chittoor District, which originally belonged to one Gundam Chandraiah, S/o Subbaiah. The then Tahsildar, Chandragiri has issued Patta, vide proceedings in D.Dis.No.316-1352, dated 14.09.1942 in favour of Gundam Chandraiah and his name was duly mutated in revenue records. During his life time, the said Gundam Chandraiah constructed Anjaneya Swamy Temple, Ammavari Temple, Chowltries and houses, which are being used to donate food to the poor people. After his demise, his son Gundam Rama Krishna has succeeded the property. Subsequently the said Gundam Rama Krishna executed a Will dated 12.05.1976 in favour of his nephew Avilala Nadamuni Radha Krishna. Later, the said Avilala Naadamuni Radha Krishna, being the beneficiary of the said property by virtue of the Will, executed a deed dated 28.09.1988 in favour 3 of the Petitioner to perform spiritual activities therein. The Government has also treated the said property as private land by receiving cist. 3. While the matter stood thus, the Respondent No.3 came to the subject land on 28.12.2017 and directed the Petitioner to vacate from the property since the property is a Government land and threatened to demolish the structures existing in the subject land. Aggrieved by the same, the present Writ Petition came to be filed. 4. When the matter is taken up for admission on 02.01.2018, this Court passed the interim order that “without following due process of law, respondents shall not demolish the struts in the subject land or dispossess the petitioner therefrom”. 5. Heard learned counsel for the Petitioner as well as learned Assistant Government Pleader for Revenue for the Respondents. 6. Respondent No.3 filed detailed Counter-Affidavit duly stating that an extent of Ac. 37.73 cents was carved out and ordered for change of classification as AWD for eventual assignment to the eligible persons, from Sy.No.360 – extent Ac. 178.01 cents, which is classified as Swarnamukhi River Poramboke and denoted as Sy.No.488 to 499 as per the orders of the Revenue Divisional Officer, Tirupati, vide R.Dis.150/R/14/1919. The land in Sy.No.88 is one among the survey numbers and the land is sub divided as 488/1 – extent Ac. 4.78 cents and Sy.No.488/2 – Extent Ac. 4.81 cents. The land to an extent of Ac. 4.78 cents comprised in Sy.No.488/1 is classified as 4 Government land (AWD) and the entire land is vested with the Revenue Department except an extent of Ac. 0.78 cents, which was covered by Sri Anjaneya Swamy Vari Temple. The land in Sy.No.488/2 to an extent of Ac. 4.81 cents was assigned in favour of A. Venkateswar Rao S/o Chengalrayulu, vide DKT No.13/4/79, dated 21.11.1969 and on violation of conditions, the assignment was cancelled and the land was handed over to Housing Corporation as per instructions of the District Collector, Chittoor in Roc.E1/5368/05, dated 22.06.2005 and the land is vested with Housing Corporation. 7. It is further stated in the Counter-Affidavit that the land is vested with the Government and that if at all there are any encroachments in the land necessary action will be initiated in accordance with A.P.Land Encroachment Act, 1905 by following due process of law and procedure. 8. Though, as per the Counter-Affidavit of the Respondent No.3, the Respondents claimed that the subject land is classified as Government Land (AWD) and vested with the Government. Admittedly no action has been initiated for dispossession of the Petitioner from the subject land by following due process of law. 9. In view of the same, instead of touching the merits of the case, this Court feels it appropriate to dispose of the Writ Petition, while directing the Respondents not to interfere or demolish the structures if any existing over the 5 subject land without following due process of law, however subject to possession of the Petitioner over the subject land. 10. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 19.06.2026 KK