APHC010146022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 299/2025 Between: A. Ramanamma, ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) WRIT APPEAL NO: 300/2025 Between: E Lakshmi Devi ...APPELLANT AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Appellants: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. PANGA SIVANARAYANA 2 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 The Court made the following Common Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) Sri G.L. Kantha Rao and Sri G. Lakshmi Narasaiah, had filed O.P.No.120 of 1983, under the Andhra Pradesh Land Grabbing (Prohibition) Act before the Land Grab Tribunal, Anantapur against Sri Patnam Chandramouleswara Rao and 27 others, for a declaration that the respondents had illegally occupied the land of the aforesaid petitioners, as land grabbers and for restoration of possession of the land. The land in question, which is set out in the order of the Land Grab Tribunal is Ac.0.68 cents in Sy.No.106/1, Ac.0.16 cents in Sy.No.106/2 & Ac.1.05 cents in Sy.No.119/2. This petition was allowed by the Land Grab Tribunal, Anantapur, by an order, dated 16.04.1990. An Appeal was filed against the said order and the same came to be dismissed by the Appellate Tribunal in 1992. 2. In the year 2019, the respondent No.6 herein, who was the descendant of the original petitioners, approached this Court, by way of W.P.No.7247 of 2019, challenging the inaction of the Revenue Authorities in implementing the order, dated 16.04.1990, passed by the Land Grab Tribunal, Anantapur. This Writ Petition came to be settled in a Lok Adalath conducted by the High Court, on 08.02.2020, wherein the Government agreed to implement the order of the Land Grab Tribunal, Anantapur. In implementation of the Order of the Land Grab Tribunal, notices were issued to the appellants herein, dated 12.05.2021. Aggrieved by the said notice, the appellants filed W.P.No.10451 3 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 of 2021, on 20.05.2021. It appears that the 6th respondent, again approached this Court, by way of W.P.No.7840 of 2021, being aggrieved by the non-implementation of the Order of the Land Grab Tribunal, dated 16.04.1990. 3. At this stage, the appellants herein, had filed W.P.No.17768 of 2021, challenging the Lok Adalath Award, dated 08.02.2020. This Writ Petition, came to be dismissed, on 23.09.2021, on the ground that, there was no fraud in the Lok Adalath Award. Aggrieved by this order of dismissal, the appellants approached the Hon’ble Supreme Court, by way of a Special Leave Petition No.23806 of 2023. The appellants and some others had then filed W.P.No.25382 of 2021, challenging the order of the Land Grab Tribunal, dated 16.04.1990. This Writ Petition came to be dismissed, on 05.10.2023, by a Division Bench of this Court. 4. The Hon’ble Supreme Court, had admitted S.L.P.No.23806 of 2023 and the same was numbered as Civil Appeal No.6838 of 2023. This Civil Appeal came to be disposed of, on 17.10.2023, with a direction that the appellants be allowed to be impleaded as party respondents, in W.P.No.7840 of 2021 with liberty to contest the decision in W.P.No.7840 of 2021 on merits or to file a Civil Suit. The Hon’ble Supreme Court, had also observed that the appellants were required to establish the title of their vendors, who were declared as land grabbers under the order of the Land Grab Tribunal, dated 16.04.1990. 4 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 5. The appellants had thereupon, filed O.S.No.33 of 2024 before the learned Principal Junior Civil Judge, Anantapur and the suit is pending. 6. After all these proceedings, a learned Single Judge of this Court, disposed of W.P.No.7840 of 2021 and the remaining Writ Petitions, with a direction to the Revenue Authorities to implement the order of the Land Grab Tribunal, strictly in accordance with the schedule set out in the Order of the Land Grab Tribunal. 7. Thereafter, on 07.03.2025, a Form VI certificate, under the Land Grab Rules was issued to the Writ Appellants, on 15.03.2025, for voluntary surrender of the land in the possession of the appellants. This offer made in Form VI, was rejected by the appellants and the same was also attested by the Tahsildar. However, the Tahsildar, is said to have been taken over the possession of the land and demolished the structures thereon. The appellants challenged the act of the Tahsildar in taking over the possession of the land, as well as the demolition of the structures, on the basis of Form VI certificates, dated 07.03.2025, by way of W.P.No.6921 of 2025 before this Court. 8. This Writ Petition came to be filed, on 17.03.2025 and came up for hearing before the learned Single Judge, on 18.03.2025. The learned Single Judge, adjourned the matter to two (02) weeks for filing of counter-affidavit. 9. Aggrieved by this order, dated 18.03.2025, these Writ Appeals have came to be filed. 5 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 10. Sri S. Sriram, the learned Senior Counsel appearing on behalf of Sri D.S. Sivadarshan, learned counsel appearing for the appellants, would contend that the Order of the learned Single Judge, directing the petition to be taken up after two (02) weeks and giving time for filing counter-affidavit has effectively taken away the rights of the appellants in as much as the illegal dispossession of the appellants is being perpetuated as there is every possibility of the land being taken out of the reach of the appellants. He would submit that the issues raised in the Suit, bearing O.S.No.33 of 2024, required to be addressed before possession of the land taken. He has also raised various other grounds, which we do not propose to look into in as much as the Appeals are being disposed of, on a shorter ground. 11. Sri Ganta Rama Rao, the learned Senior Counsel appearing on behalf of Sri Panga Sivanarayana, learned counsel appearing for the 6th respondent, would contend that the possession of the land had been taken over by the Tahsildar and subsequently, the 6th respondent and other legal heirs of the original petitioners have been put in possession of the land, by proceedings, dated 20.03.2025. A copy of the possession delivery certificate has also been placed before this Court. 12. In view of the fact that the possession is said to have been handed over by the Tahsildar, it would be appropriate to remand the issues raised by Sri S. Sriram, the learned Senior Counsel on behalf of the appellants and the 6 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 issues raised by Sri Ganta Rama Rao, the learned Senior Counsel appearing for the 6th respondent to the learned Single Judge. 13. However, with a view to protect the interests of both sides and to ensure that the Writ Petition, presently pending before the learned Single Judge, does not become infructuous, these Writ Appeals are disposed of with a direction to the parties to maintain Status quo, in relation to the said land till further orders are passed by the learned Single Judge in the Writ Petition. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J _______________________ Dr. K. MANMADHA RAO, J Date:24.03.2025 KPV 7 RRR,J & Dr.KMR,J W.A.Nos.299 & 300 of 2025 99 THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT APPEAL Nos:299 & 300 of 2025 (per Hon’ble Sri Justice R. Raghunandan Rao) 24.03.2025 KPV