IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 73 OF 2024 Between; 1. Nagireddi Balachandra, S/o.; Venkarata Rao, Aged 39 years, Hindu, Occ. Agriculturist, Resident of Door No. 55-1-310, Desapatrunipalem, Paravada, Visakhapatnam, Andhra Pradesh. Aadhar No 9446 9996 3980, Bank Acc. No 32101594730, Pan No AFVPN1955R. 2. Lakkaraju Mohan Rao, S/o. Somu Naidu, Aged 54 years, Hindu, Occ. Agriculturist, Resident of Door No. 55-1-28, Jajula Vani Palem, Desapatrunipalem, Visakhapatnam, Andhra Pradesh. Aadhar No. 3513 4832 9798, Bank Acc No. 235010100044393, Pan No. AKCPL4135F. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by the Spl. chief Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and Executive Magistrate, Anakapalli District, Anakapalli, A.P. 3. The Revenue Divisional Officer, Anakapalli District, Anakapalli, A.P. 4. The Tahsildar, Parawada, Anakapalli District, A.P. 5. The Chief Commissioner of land Administration, A.P. 1st and 3rd Floors APIIC Building, Auto Nagar Near, NRI Hospitals Mangalagiri Guntur District 522503. 6. The SHO, Parawada PS, Anakapalli District, AP V 7. Gantia Moola Rao, @ Mohan Rao, S/o. Rama Rao, resident of Ward- 79, Desapatrunipalem, Paravada, Anakapalli- 531021. 8. Gantia Rama Rao, S/o Mulayya (Late), resident of Ward No. 79, Desapatrunipalem Village, Paravada, Anakapalli-531021, AP. 9. Gantia Nookaratnam, W/o Rama rao, resident of ward no.79, Desapatrunipalem village, Paravada,anakapalli - 531021 ,AP 10. Gantia Jalakumari, W/o Moola Rao, resident of Ward No. 79, Desapatrunipalem Village, Paravada, Anakapalli-531021, AP. 11. Doddi Adilakshmi, W/o Satya Venkata Rameswara Rao, resident of Ward No. 79, Desapatrunipalem Village, Paravada, Anakapalli - 531021, AP. 12. Mohammad Farooque Bin Haq, ,S/o Faziul Haq, resident of Door No. 11-34-16, Azeemabad Street,;Gajuwaka, Visakhapatnam-530026. 13. Gantia Kondamma, W/o Mulayya, resident of Desapatrunipalem Village, Paravada, Anakapalli-531021. 14. Madeda Jones,S/o Sundarar, resident of Desapatrunipalem Village, Paravada, Anakapalli-53102 15. Rachapalli Santosh Kumar, S/o Ram Mohan Rao, resident of SF-2, Venkata Sai Residency, Annapurna Theatre Back Side, Narayana College Line, Kurmannapaleni, Duvvada, Visakhapatnam - 530046, AP. 16. Molli Kanka Raju, S/o Sanyasi, resident of Gollalapalem Village, Kalapaka, Anakapalli-531021, AP. 17. Tirri Varahalamma, W/o Ramana, resident of Pallapu Anandapuram village, Munagapaka, Anakapalli-531033. Respondents 7 to 17 are impleaded as per c.o.dt.19.06.2024 vide I.A.No.2 of 2024 in WP(PIL) No.73 of 2024. ... RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the one T respondents more particularly respondents 2 to 4 to remove the encroachments in respect of reports dated 27-05-2022 and 09-08-2024, submitted by the 4th respondent by confirming that the lands were illegally encroached by the encroachers, the enquiry was conducted in view of the Spandana complaints dated 18.10.2021, 09.05.2022, 19.06.2024, in protecting the government lands in survey nos. 326/3, 72-ID and 85-1D, 70/8, 70/9, 74/2, 75/1M, 207/3, 75/1C, 75/IB and 317/2, 75/1L, 74/1, 187/2, 75/IE and 84/IQ which is total extent of Ac. 49.04 cents of Desapatrunipalem Village, Paravda Mandal, Anaakapalli District, from the hands of encroachers, is being illegal, arbitrary and contrary to law and consequently direct the respondents to remove the said encroachments in the aforesaid survey numbers of DesapatruniPalem Village, Paravda Mandal, Anaakapalli District. r lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to remove the encroachers in survey nos. 326/3, 72-ID, 85-ID, 70/8, 70/9, 74/2, 75/1M, 207/3, 75/1C, 75/IB, 317/2, 75/1L, 74/1,187/2, 75/IE and 84/IQ which is total extent of Ac. 49.04 cents of Desapatrunipalem Village, Paravda Mandal, Anaakapalli District and to stop the proceedings if any initiated basing on the Writ orders which were obtained by suppressing the facts. Counsel for the Petitioners: SRI ELURU SESHA MAHESH BABU Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR HOME Counsel for the Respondent Nos. 7 to 17: —- The Court made the following: ORDER Bench Sr.No:-23 [3483] APHC010131982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI BSE] 1 WP(PIL) NO: 73 of 2024 ...Petitioners Nagireddi Balachandra and others Vs. ...Respondents The State of Andhra Pradesh and others ********** Sri Eluru Sesha Mahesh Babu Advocate for Petitioners Learned Government Pleader for Home, learned Government Pleader for Revenue, Smt T. V. Sri Devi. Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 19th March 2025 PC : The petitioners claim that based upon fake documents, certain parcels of land were granted in favour of certain private entities and D-form pattas were issued under the Ex-service Quota. It is stated that based upon the complaint of the petitioners, the Tahsildar, Parawada Mandal, Anakapalli District conducted an enquiry in 2. which it was held as under- "In view of the above, the mentioned D - Patta lands under Ex-servicemen Quota is not proved as they have not submitted any Proceedings or No Objection Certificate issued by the District Collector Tahsildar and the land mentioned under Land Less Poor D Pattas have to be resumpted as these pattas shall not be sold or purchased as or r 2 per AP Assignments Act, the above said Government lands may be restored. Finally, it is requested to issue orders for Cancellation the Pattadar Pass Books which were issued previously to restore the above Government lands in Desapatrunipalem Village, Parawada Mandal. ’’ 3. The grievance of the petitioners is that despite the report having been submitted for appropriate action to the Joint Collector, Anakapalli District, no action has been taken till date. 4. Without going into the correctness or otherwise of the report submitted by the Tahsildar, since the report thus suggest that certain D-form pattas have been issued in favour of certain entities, which are stated to be not in accordance with law, it is necessary that an appropriate decision be taken by the Collector, Anakapalli District strictly in accordance with law after giving to the concerned an opportunity of being heard. 5. Let the needful be done within a period of three (3) months and the outcome be informed to the petitioners. 6. Accordingly, the Writ Petition (PIL) is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR \ //TRUE COPY// SEC OFFICER To, 1. The Special Chief Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and Executive Magistrate, Anakapalli District, Anakapalli, A.P. 3. The Revenue Divisional Officer, Anakapalli District, Anakapalli, A.P. 4. The Tahsildar, Parawada, Anakapalli District, A.P. 5. The Chief Commissioner of land Administration, A.P. 1st and 3rd Floors APIIC Building, Auto Nagar Near, NRI Hospitals Mangalagiri Guntur District 522503. 6. The SHO, Parawada PS, Anakapalli District, AP 7. One CC to Sri Eluru Sesha Mahesh Babu Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF HIGH COURT DATED: 19/03/2025 ORDER WP(PIL).No.73 of 2024 X 01 APR 2025 ^ Current section ^ T SjLOgSPOTCW^Sc^ III ml' ja DISPOSING OF THE W.P.(PIL), WITHOUT COSTS