APHC010156362020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9669/2020 Between: 1. C JAYACHANDRA, S/O. LATE C.MUNUSWAMY, AGE 45 YRS, OCC. CULTIVATION, R/O. CHEEKURUPALLI, K.G.SATRAM POST BANGARUPAKYAM MANDAL CHITTOOR DISTRICT 2. C.JAYA KUMAR, S/O LATE C.MUNUSWAMY, AGE 39 YRS, OCC. PRIVATE EMPLOYEE, R/O. CHEEKURUPALLI, K.G.SATRAM POST BANGARUPAKYAM MANDAL CHITTOOR DISTRICT 3. C.CHINNAMMA, W/O. LATE MUNUSWAMY, AGE 60 YRS, R/O CHEEKURUPALLI, K.G.SATRAM POST BANGARUPAKYAM MANDAL CHITTOOR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRICIPAL SECRETARY, REVENUE DEPT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT 3. THE TAHSILDAR, BANGARAPALYAM MANDAL, CHITTOOR DISTRICT 4. THE VILLAGE REVENUE OFFICER, GUNDLAKATTAMANCHI VILLAGE, BANGARAPALYAM MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S): 2 HBKM,J W.P.No.9669 of 2020 Counsel for the Petitioner(S): 1. K RAMAMOHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.9669 of 2020 The Court made the following Order:- Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 to 4 in trying to dispossess the petitioners from their lands in Sy.No.84/6, Gundlakattamanchi Village, Revenue Accounts at Cheekurupalli Village, Bangarupalyam Mandal to an extent of Ac.0.67 cents out of Ac.8.49 cents. 3. The learned counsel for the petitioners submits that the petitioners purchased the subject land through registered sale deeds dated 20.03.2003 and the predecessors of the petitioners purchased the subject land through the registered sale deeds dated 31.07.1987 and 17.04.2002 for different extents in Sy.84/6 out of 8.49 cents. But so far as this writ petition is concerned, it is confined to an extent of 0.67 cents in Sy.No.84/6 of Gundlakattamanchi Village, Bangarupalyam Mandal out of Ac.8.49 cents. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that the petitioners claimed the subject land along with other parcels of land under the alleged sale deeds without producing the link documents. But as per the records, the original land in Sy.No.84/6 in an extent of Ac.8.49 cents is correlated under TD No.1340 admeasuring Ac.8.49 cents, which was classified as Sathram 4 HBKM,J W.P.No.9669 of 2020 Inam/Choultry Inam as per the Fair Adangal of the Gundlakattamanchi Village. The Inam was granted by the Collector under Government order dated 15.05.1819, in which specifically mentioned that “As Long as the conditions of the grant are fulfilled” in favour of Sri Venkatapuram Kuppala Venkatrayadu, the Manager of Vuppalaguruappa‟s Choultry. The Inam was confirmed by the Deputy Collector, I.C. dated 10.12.2010 as the conditions of the grant was fulfilled. The village was taken over by the Government during the year 1952 and Survey & Settlement Operation was completed during the year 1965. The lands under TD No.1340 correlated to Sy.No.84/6 for an extent of Ac.8.49 cents was classified as Dharmadaya Sathram as per Fair Adangal of the Gundlakattamanchi Village. The Inam Deputy Tahsildar, Chittoor, took up suo-motu, the enquiry and notices in Form-I have been issued under Section 3 of Inams Abolition Act, 1956, to the petitioners vide IDT.No.21/2018 dated 17.10.2018, which was acknowledged by them. The above said notice was issued for filing objections within 30 days by any interested parties and the enquiry was posted on 21.11.2018 at 11 A.M. in the office of the Collector, Chittoor as per the statutory rules, the notice in Form-I was published as detailed below: 1. Notice was published on the Notice Board of the O/o Tahsildar, Bangarupalem on 18.10.2018. 2. Notice was published on the Notice Board of the O/o Revenue Divisional Officer, Chittoor on 18.10.2018. 5 HBKM,J W.P.No.9669 of 2020 3. Notice was published in the premises of Gram Panchayat Office, Cheekurupalle Panchayat and at the conspicuous place of Gundlakattamanchi Village on 18.10.2018. 4. Notice was published in the Village by beat of tom-tom on 18.10.2018. 5. Notice was sent to the Tahsildar, Bangarupalem to serve on the Manager or any other authorized person available from the management of the Choultry on 18.10.2018. 5. The encroachers of the land in Sy.No.84/6 attended the enquiry and placed their representations for grant of ryotwari pattas as per their occupations in their lands. The then Tahsildar, Bangarupalem attended the enquiry and stated that there is no existence of the choultry in the village, only a small rock pillars structure without roofing and walls in an extent of 0.01 cent in a dilapidated condition is on the ground. Nobody is bothering about the choultry and no person from the family of the management of the choultry is residing in the village and no one is taking care to fulfill the conditions of the grant of Inam and the entire extent is under encroachment of ryots. Hence, the Inam Deputy Tahsildar, Bangarupalem passed the orders for change of classification from Inam Land to AWD on 31.01.2019 and allowed the appeal under Section 3 (4) of A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956. If the encroachers are aggrieved of the change of classification of this land, they can prefer an appeal before the Revenue Divisional Officer, Chittoor within 60 days from the date of receipt of the said order, which was published in the notice board of the Tahsildar‟s Office, Bangarupalem, the Revenue Divisional Officer, Chittoor and also in the 6 HBKM,J W.P.No.9669 of 2020 premises of Chekurupalli Grama Panchayat limits, in which petitioners also signed as witnesses. The petitioners have not filed any appeal before the Revenue Divisional Officer for grant of ryotwari pattas. Now, they filed a writ petition with a wrong claim for compensation. Then the survey was conducted by the National Highways for widening/four lanning etc., the National Highway No.4. It is noticed that the 3rd petitioner encroached to an extent of Ac.2.30 cents in Sy.No.84/6 out of which, an extent of Ac.1.70 cents was acquired for widening of National Highway No.4 and compensation of Rs.15,29,920/- was awarded under category „B‟ (who encroached the Govt. Land without D-patta) as per the proceedings of the Competent Authority (Land Acquisition), Chennai-Bangalore NH4 & Joint Collector, Additional District Magistrate, Chittoor vide Roc.No.G1/6588/2013 dated 24.02.2019. Though the petitioners claim that they have been paid Rs.42,71,187/- by the authorities of the National High Ways authority, but the same is not correct and it is false. The petitioners are not cultivating the land and it is lying vacant for the last so many years. The satellite image taken on 09.06.2020 also shows that the subject land is vacant and not under cultivation. Only 13 buildings exist in the entire subject land and remaining part of the land is lying vacant. The petitioners also filed Civil Suit in O.S.No.93 of 2020 on the file of Principal Junior Civil Judge, Chittoor. 6. The learned counsel for the petitioners submits that the said suit was withdrawn, in view of the filing of this writ petition. 7 HBKM,J W.P.No.9669 of 2020 7. Since the subject land in question is classified as AWD, the land was proposed in Sy.No.84/6 for grant of house sites to the eligible poor beneficiaries. 8. The learned counsel for the petitioners also submits that the W.P.Nos.9755 of 2020 and 9822 of 2020 are also not connected to this writ petition, as the reliefs sought therein are different. 9. In view of the above said facts and circumstances, if the petitioners are aggrieved by the conversion of the subject land from Inam Sathram to AWD land and for issuance of ryotwari patta, if any, the petitioners are permitted to work out their alternative remedies available under law and as such no relief can be granted in this writ petition. 10. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 13.08.2025 PGT