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High Court of Andhra Pradesh · body

2025 DAILYLAW 11406 (AP)

Gorantala Suramma, v. The State of Andhra Pradesh,

WP/7850/2020 · 2025-02-28

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7850 OF 2020 Between: Gorantala Suramma, W/o. Pedda Subbaiah, aged about 67 years, R/o. Kunamnenivaripalem Village, Chimakurthy Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudu Village, Tullur Mandal, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Ongole, Prakasam District. 4. The Tahsildar, Chimakurthy Mandal, Prakasam District. 5. The Mandal Surveyor, Chimakurthy Mandal, Prakasam District. 6. The Village Revenue Officer, Kunamnenivaripalem Village, Chimakurthy Mandal, Prakasam District., ...Respondents 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 to issue a writ order or orders more particularly one in the nature of writ of mandamus declaring the action of the Respondents No. 4 from her land to an extent of 104 two different places in to 6 in trying to dispossess the petitioner yards and 160 square yards situated i Kunamnenivaripalem Village, H/o. Gogugunta Revenue I, contrary to the Board Standing Orders No. and violation of Art. 14, 21 and 300-A of the in square Sy.No. 108-10 Village, Chimakurthy Mandal 21, part-4, illegal, arbitrary Constitution of India and dispossess the petitioner from her cattle shed site to an yards and 160 square yards situated in two different places in . 108-10. Kunamnenivaripalem Village. H/o. Gogugunta Revenue consequently direct the respondents not to extent of 104 square Sy.No. Village, Chimakurthy Mandal. lA NO: 1 OF 2020 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 direct the respondents not to dispossess the petitioner from her extent of 104 square yards and 160 square yards pleased to cattle shed site to an situated in two different piaces in Sy.No. 108-10, Kunamnenivaripaiem Gogugunta Revenue Village, Chimakurthy Mandai, pending Village, H/o. disposal of the above writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. MADHAVA RAO NALLURI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: n & APHC010131212020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7850/2020 Between: Gorantala Suramma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 2. Challenging the action of the respondent Nos.4 to 6 in trying to dispossess the petitioner from the subject land of an extent of 104 square yards and 160 square yards situated in two different places in Sy.No.108-10, Kunamnenivaripalem Village, H/o. Gogugunta Revenue Village, Chimakurthy Mandal, the present writ petition is filed. 2 3. It is contended by the petitioner that she is in occupation of the , subject land situated in Sy.No.108-10 of Kunamnenivaripalem Village. It is further stated that the entire extent of the said survey number is Ac. 13.050 cents and the same is classified as Grama Kantam land as per the revenue records. And as per the village records, the entire village consists of cattle sheds. In the similar manner, the petitioner is also in occupation of 104 square yards and 160 square yards which is been using for keeping manure pits and cattle sheds. It is stated by the Revenue Divisional Officer that during field inspection, the petitioner is found to be in occupation of 104 square yards and 160 square yards and she has been using the same for manure pits and cattle feeding. When the respondent Nos.4 to 6 are trying to occupy the subject land, the petitioner filed the present writ petition. 4. When the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed a copy of instructions received by him from the Tahsildar. A perusal of the same would reflect that as per G.O.Ms.No.187, Revenue (Assn.l) Department, dated 27.05.2015, the Grama Kantam lands are treated as private lands and the subject land were withdrawn from the purview of Section 22(A) of the Registration Act, 1908 and all the Grama Kantham land would vests with the Grama Panchayat and it is for the Grama Panchayat to take appropriate action with respect to all the Grama Kantham lands including protection and extents of land meant for communal purposes. Therefore, the revenue department is no way concerned with the said subject land and it has no jurisdiction to interfere with 3 ‘ the subject land. The said instructions refers to the order passed by this Court in W.P.No.3428 of 2022, dated 28.09.2022, wherein it was observed that once the properties vests with the Grama Panchayat, the revenue authorities have no jurisdiction to interfere with the same. Hence, the properties vests with the Grama Panchayat and the revenue authorities have no jurisdiction, even if any encroachment. 5. The said instructions of the Tahsildar are placed on record. Having regard to the submissions advanced, in view of the legal official respondents shall not interfere with the 6. proviso narrated, the possession of the petitioner in respect of the subject land without recourse to law. the writ petition is accordingly With the above observation disposed of. There shall be no order as to costs, all pending miscellaneous applications shall stand closed. 7. As a sequel Sd/- M SRINIVAS ASSISTANT REGISTRAR p- 9(' //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Andhra Secretariat Buildings, Velagapudu Village, Tullur Mandal 1. Pradesh, Guntur District. 2. The District Collector, Prakasam District at Ongole. 3. The Revenue Divisional Officer, Ongole, Prakasam District. 4. The Tahsildar, Chimakurthy Mandat, Prakasam District. 5. The Mandat Surveyor, Chimakurthy Mandat, Prakasam District. 6. The Vittage Revenue Officer, Kunamnenivaripaiem Vittage, Chimakurthy Mandat, Prakasam District., 7. One CC to Sri. Madhava Rao Natturi Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC HIGH COURT DATED;28/02/2025 ORDER WP.No.7850 of 2020 X 2 0 MAR 2025 f S-.^ . Current Section ^ DISPOSING OF THE WP WITHOUT COSTS