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: 8053 OF 2020 Between: Maddu Nagamani, W/o.Venkata Subba Rao, Hindu, aged 60 years, R/o. H.No.4-370, Near Bus-stop, West Chodavaram Village, Nallajerla Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, West Godavari District., Eluru. 3. The Revenue Divisional Officer, Eluru, West Godavari District. 4. The Tahsildar, , Nallajerla Mandal, West Godavari Dist., 5. West Chodavaram Grama Panchayath, Rep. by its Secretary, West Chodavaram, Nallajerla Mandal, West Godavari 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 be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents in demanding the petitioner to vacate and hand over the land of an extent of Ac.0-82 Cents out of total extent of AC.7-45 Cents in R.S.No.89/ 3 of West Chodavaram Village, Nallajerla Mandal Godavari District, in order to convert the said land into house plots to be allotted under Navaratnalu-Pedalandariki Illu-Programme, without following may West due process of law, is nothing but arbitrary, illegal, unlawful and unreasonable and in violation of the Principles of Natural Justice Fundamental Rights of the Petitioner guaranteed under Article 14, 21 and 300-A of the Constitution of India, by consequently directing respondents not to dispossess the petitioner from the land of Ac.0-82 Cents out of total extent of AC.7-45 Cents in R.S.No.89/ 3 of West Chodavaram Village, Nallajerla Mandal, West Godavari District taking possession of the same or otherwise, except under due process of and the an extent of either by law. 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 pleased to Grant Interim Orders of Direction directing the respondents take possession of the land of an extent of Ac.0-82 Cents out of total of Ac.7-45 Ce4nts in R.s.No.89/3 of West Chodavaram Village Nallajerla Mandal, West Godavari District either by dispossessing the petitioner there from or otherwise, until further orders of this Honourable Court disposal of writ petition. not to extent pending lA NO: 3 OF 2020 Between: 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, West Godavari District., Eluru. 3. The Revenue Divisional Officer, Eluru, West Godavari District. 4. The Tahsildar, Nallajerla Mandal, West Godavari Dist. ...Petitioners/Respondents AND 1. Maddu Nagamani, W/o.Venkata Subba Rao, Hindu, aged 60 years. R/o H.No.4-370. Near Bus-stop, West Chodavaram Village. Nallajerla Mandal, West Godavari District. ...Petitioner/Respondent 2. West Chodavaram Grama Panchayath, Rep. by its Secretary, West Chodavaram, Nallajerla Mandal, West Godavari District. ...Respondents 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 to vacate the interim orders granted dt. 24.03.2020 in W.P.No. 8053/2020 and dismiss the Writ Petition. Counsel for the Petitioner: SRI P RAJESH BABU Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI Y. KOTESWARA, SC for GRAM PANCHAYAT The Court made the following order: APHC010134342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] ■Jj? FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 8053/2020 Between: Maddu Nagamani ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.P RAJESH BABU Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following order: Challenging the action of the respondents in demanding the petitioner to vacate and hand over the land of an extent of Ac.0.82 cents out of total extent of Ac.7.45 cents in R.S.No.89/3 of West Chodavaram Village, Nallajerla Mandal, West Godavari District, in order to assign house site plots in respect of subject property, the present writ petition is filed. Heard Sri P.Rajesh Babu, learned counsel for the petitioner, learned Assistant Government pleader for Revenue appearing for the respondents. 2. 3. It is contended by the petitioner that the subject land is private patta land, having been purchased through a registered sale deed in the year 1987. It is further stated that the predecessors-in-title of the petitioner had also purchased the said property through registered sale deed. 4. However, during the year 2009, when the respondents herein attempted to interfere with the possession of the petitioner's land, to an extent of Ac.0.82 cents out of the total extent of Ac.7.45 cents in R.S.No.89/3 of West Chodavaram Village, Nallajerla Mandal, on the pretext of issuing house site pattas, the petitioner had earlier filed a writ petition vide W.P.No. 15737 of 2008. In the said writ petition, this Court had directed the respondents not to undertake any such activity except under due process of law. 5. However, the petitioner was thereafter compelled to file a civil suit, since the respondents once again attempted to interfere with the possession of the petitioner. Accordingly, the petitioner filed a civil suit in O.S.No.451 of 2009 the file of the Principal Junior Civil Judge, Tadepalligudem. The said suit contested by all the respondents herein, and the suit was dismissed. on was 6. Against the said dismissal order, the petitioner filed an appeal in A.S.No.14 of 2017. It is stated that the said appeal was allowed on 15.07.2022, after the filing of the present writ petition. During the pendency of the said appeal, since the respondents had again proposed to issue house site pattas in respect of the said land, the petitioner was compelled to file the present writ petition. 7. On 24.03.2020, this Court granted status quo as on the date with regard to possession of the subject property. The 4**" respondent filed counter affidavit, stating that R.S.No.89/3 classified as Gramakantam Poramboke, and that the said land is Government land. Therefore, the said land was proposed for the issuance of house site pattas. 8. was 9. Learned counsel for the petitioner argues that the Appellate Court in A.S.No.14 of 2017 has categorically given a finding after referring to the earlier registered documents that the petitioner has perfected his title. The petitioner's predecessors-in-title had also perfected their title by constructive possession. Therefore, the petitioner is entitled to permanent injunction. 10. Learned counsel thus contends that the petitioner is in occupation of the subject property, and his right to the property cannot be considered as illegal. His right is purportedly based on registered documents, including a sale deed, which relates back to 1954 and prior. He thus contends that the respondents are not justified in their attempts to compel the petitioner to vacate the subject property without recourse to law. 11. Considered the rival submissions, and having regard to the contentions in advanced, this Court is of the view that the respondents cannot dispossess the petitioner from the subject property without following the due process of law. Accordingly, the writ petition is disposed of with a direction to the respondents not to interfere with the petitioner's possession of the subject property. However, it is needless to observe that if the subject land is required for a particular purpose, the respondents are at liberty to proceed with the same 12. in accordance with law. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The PrI. Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. 2. The District Collector, West Godavari District., Eluru. 3. The Revenue Divisional Officer, Eluru, West Godavari District. 4. The Tahsildar, Nallajerla Mandal, West Godavari Dist., 5. The Secretary, West Chodavaram Grama Panchayath, West Chodavaram, Nallajerla Mandal, West Godavari District. 6. One CC to Sri P Rajesh Babu, Advocate [OPUC] 7. One CC to Sri Y. Koteswara Rao, SC for Municipalities [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies RAM 1 HIGH COURT DATED:28/02/2025 gfANDHiJJS X 27 MAR 2025 a^ . Curreni Secuon ^ Ni£espATc;5?^ ORDER WP.No.8053 of 2020 DISPOSING OF THE WP WITHOUT COSTS