Girada Appala Swamy v. The State of Andhra Pradesh
WP/1648/2024 · 2026-07-14
B S Bhanumathi
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1931 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1931 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010028352024
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Wednesday, the 15 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 1648 of 2024 Between: Girada Appala Swamy and others The State of Andhra Pradesh and others Counsel for the petitioners:
1. Jada Sravan Kumar Counsel for the respondents:
1. G.P. for Revenue
2. Srinivasa Rao Narra
3. V.M.R. Legal
4. G.P. for Medical Health FW The Court made the following:
Date of reserved for orders : Date of pronouncement :
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the 15th day of July two thousand and twenty six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 1648 of 2024 Girada Appala Swamy and others ...Petitioner and The State of Andhra Pradesh and others ...Respondent petitioners: Jada Sravan Kumar Counsel for the respondents: Srinivasa Rao Narra G.P. for Medical Health FW The Court made the following:
[3311] day of July two thousand and twenty six Petitioners Respondents
2 W.P.No.1648 of 2024
O R D E R: This 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 a writ of mandamus, declaring the inaction of respondent authorities in preventing the un-official respondents’ activity of converting the government lands into personal usage and allowing illegal mutation over the government lands in survey no 98-1A of an extent of 0.20 cents situated at Ramabhadrapuram village and mandal of Vizinagaram district of Andhra Pradesh, thereby demolishing the government structures, like Tahsildar Office and Velugu office, as illegal, arbitrary and violation of principles of natural justice and the Articles 14, 19, 21 and 300-A of the Constitution of India; and consequently direct the respondent authorities to restore the subject property to the government. 2. The case of the petitioner, briefly stated, is as follows:
In the year 1966, Mudadla Padmanabham donated to the government an extent of Ac.0.60 cents of land in S.No.98/1 under a gift deed registered vide No.2073 of 1966 for construction of Offices of the government. The same was ratified and again registered vide No.551 /
1967.
The government lands were mutated in the name of the unofficial respondents and permitted to be used for personal usage by ignoring the motto of the government in welfare of the public at large. The petitioner is a resident of the same locality and also a social worker. Due to acts of the respondents, the government’s land is in the hands of the undeserved. The ruling party leaders, along with the government officials, have colluded to encroach upon the government lands through well planned strategy. The wife of Mudadla
3 W.P.No.1648 of 2024 Padmanabham by name Mudadla Mahalakshmi, respondent No.9, was identified as a poor woman by the respondents, with the help of ruling party leaders by creating fake documents and submitting to the respondents. The petitioner and the villagers are personally affected by the act of the respondent authorities and unofficial respondent under political influence, as the petitioner and villagers are unable to avail the public resources provided by the government. Hence, this writ petition was filed. 3. The respondent No. 5 filed a counter stating briefly as follows: The land in S.No.98-1 measuring Ac.0.60 cents of Ramabhadrapuram village was sub-divided and as dotted land notified under Section 22-A of A.P. Registration Act, 1908. The remaining land was deleted by the Collector, Vizianagaram from the list of prohibited lands. The writ petitioners have no right or title over the subject land in the writ petition. The respondents Nos. 1 to 4 have mutated the land in S.No. 98-1 measuring Ac.0.60 cents of Ramabhadrapuram village as per the revenue records and the claims of the applicants. An extent of Ac. 0.36 cents was donated to veterinary department by the original owner of the land for construction of a veterinary hospital and another Ac. 0.04 cents was sold to Sri Potta Rama Rao. The remaining extent of Ac.0.20 cents in S.No.98-1 is under possession and enjoyment of Mudadla Mahalakshmi.
The writ petitioners have no right or title over the land in S.No.98-1 measuring Ac.0.60 cents of Ramabhadrapuram as per the revenue records and they never claimed the right and title over the land. If the writ petitioners have any claim over the land in S.No.98-1A measuring Ac.0.20 cents of Ramabhadrapuram village, they can file their claims before the recording authority and Tahsildar, Ramabhadrapuram for mutation of the land in their favour. As per the revenue records, the subject land in the writ petition in S.No.98-1A
4 W.P.No.1648 of 2024 measuring Ac.0.20 cents is not a government land and the writ petitioners have no right or title over the same. Hence, this writ petition is liable for dismissal. 4. In view of the contents of the counter of the respondent No.5, and the dispute is that the subject land is not a government property, but a private property, the learned counsel for the petitioners requested to dispose of the writ petition giving liberty to the petitioner to approach a civil Court for adjudication of the dispute. 5. Accordingly, the writ petition is disposed of giving the writ petitioner liberty to approach a civil Court for adjudication of the subject matter dispute in this writ petition. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this petition shall stand closed. ___________________ B. S. BHANUMATHI, J Dt. 15.07.2026
PNV Whether the order is : Speaking No / Reasoned Yes Reportable No / Non-Reportable Yes