APHC010415612019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19951/2019 Between: 1. THAMANARA SATHI BABU,, S/O KANTAMAIAH, AGED 46 YEARS, R/O 4-45, YENDAPALLE VILLAGE KOTAURATLA MANDAL, VISAKHAPATNAM. DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT , VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, KOTAURATLA MANDAL, VISAKHAPATNAM 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent Tahsildar in threatening to dispossess the petitioner by putting the board in premises of the petitioners patta land an extent of in an extent of an land in Sy.No.229-2 to an extent of Ac.0-20 cents situated Yendapalle Village of 2 Kotauratla Mandal, Visakhapatnam District without passing an resumption order as illegal, arbitrary, and unconstitutional and contrary to provisions of B.S.O-18 and consequently direct the respondents not to dispossess the petitioner in his patta land mentioned above without following due process of law, IA NO: 1 OF 2019 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 direct the respondents not to dispossess the petitioner in his patta land an land in Sy.No.229 2 to an extent of Ac.0-20 cents situated Yendapalle Village of Kotauratla Mandal, Visakhapatnam District without following due process of law, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. N RAVI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 ORDER: Heard Sri B. Surya Chandra, learned counsel representing Sri N. Ravi Prasad, learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue for the respondents. 2. The petitioner contends that the 4th respondent, Tahsildar, is threatening to dispossess the petitioner by erecting a board on the land measuring 0.20 acres in Sy.No.229-2, located at Yendapalle Village, Kotauratla Mandal, Visakhapatnam District. 3. The Learned Assistant Government Pleader for Revenue has filed written instructions from the 4th respondent, clearly stating that the petitioner was allotted approximately 0.20 acres of land in Survey No. 229/2, located in Yendapalle Village, Kotauratla Mandal, Visakhapatnam District. However, the petitioner has been occupying about 0.08 acres in Survey No. 31/4 at Yendapalle Village. Upon identifying this discrepancy, the revenue authorities instructed the petitioner to vacate the encroached land to facilitate the issuance of house sites to the homeless poor. The petitioner, instead of complying with these instructions, has filed the present writ petition, alleging that the revenue authorities have erected a caution board indicating that the land belongs to the Government. 4. Learned counsel for the petitioner submits that the respondents have erected a board, as indicated above, in Sy.No.229-2. The petitioner therefore prays for removal of the said board from the land in Sy.No.229-2. 4 5. This Court notes that the written instructions of the 4th respondent explicitly state that the petitioner has occupied an extent of 0.08 acres in Sy.No.31/4 at Yendapalle Village, Kotauratla Mandal, Visakhapatnam District, which is classified as government land allotted to homeless and poor individuals. Accordingly, the 4th respondent is directed to verify whether a board has been erected in Sy.No.229-2 at Yendapalle Village, Kotauratla Mandal, Visakhapatnam District. If such a board is found to be erected in Sy.No.229-2, the same shall be removed by the 4th respondent. Regarding the encroachment of approximately 0.08 acres in Sy.No.31/4 at Yendapalle Village, Kotauratla Mandal, Visakhapatnam District, the respondents are permitted to follow due process of law to effect removal of the encroachments. 6. With the above observations, the present Writ Petition is disposed of.No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 07.04.2026 KBN 5 91 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19951/2019 Dated: 07.04.2026 KBN