APHC010187012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9794/2025 Between: Chinnarapu Gari Venkata Subba Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P RAJASEKHAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9794/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents, more particularly 2nd respondent in considering the representation dated 27.01.2025 for modifying the survey number from 65/3 to 65/1 for an extent of Ac.0.70 cents, at Gopavaram village, Gopavaram mandal, YSR Kadapa District as illegal, arbitrary and unconstitutional and violative of principles of natural justice and consequently direct the 2nd respondent to consider the petitioner’s representation dated 27.01.2025 forthwith in the interest of justice and pass such other order.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioner herein is that the petitioner is the absolute owner and possessor of the land admeasuring Ac.0.70 cents in Sy No.65/1 of Gopavaram village and Gopavaram Mandal. Originally, the petitioner’s wife was granted DKT Patta No.33/93, dated 09.07.1983 and thereafter the petitioner was issued pattadar pass book and title deed vide Khata No.53. While things stood thus, without initiating any proceedings and without following due process of law, the 5th respondent herein erected a caution board at the subject land of the petitioner stating that the subject land is 3 government land, nobody can enter into the subject land and if any one enters, they will be treated as trespassers. The petitioner further submits that the 5th respondent submitted a report dated 12.01.2022 to the 3rd respondent herein, pursuant to the representation of the petitioner, wherein the 5th respondent categorically stated that the petitioner herein is the absolute owner and possessor of the subject property. Even though it is an admitted fact that the petitioner is the pattadar and possessor of the subject land, erecting the caution board is contrary to law, for which the petitioner submitted a representation dated 27.01.2025 for consideration of the same and for removal of caution board. Hence the writ petition. 4. The learned Assistant Government Pleader for Revenue furnished the written instructions of 5th respondent, dated 19.04.2025, wherein it is stated as under: “….While the matter stood like this, the Government has introduced the scheme by name Navaratnalu Pedalandariki Illu for providing house sites to the house less poor families, during that time, house sites have issued to poor families in survey number 65/1 also as there is no cultivation on ground in survey No.65/1. Hence the allegation of the petitioner that he was in possession of the land in survey No.65/1 deserves no consideration. Further, it is submitted that, for the argument sake, the petitioner has violated the condition of D-Form that the assignee or his family members have brought the land assigned in their favour under cultivation within three years from the date of assignment but the 4 petitioner herein is failed to do so. Hence, the subject land is liable to be resumed to the Government. Further, it is submitted that the Government has introduced Re- Survey Project in the state of Andhra Pradesh, accordingly it has completed in few villages of our Mandal also it is going to be commenced in the village of Gopavaram very soon. During the Resurvey programme, as per the SOP issued by the Government of Andhra Pradesh suitable action will be taken in changing the survey number as requested by the petitioner in accordance with law”. 5. The learned Assistant Government Pleader for Revenue submits that the entire land in Sy.No.65/1 and 65/2 is under re- consideration and re-survey. After completion of re-survey, the grievance of the petitioner can be redressed in accordance with law. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed on record, it is observed that the wife of petitioner herein was assigned subject land by way of DKT patta in the year 1982, later pursuant to the said patta, the petitioner was granted pattadar pass book and title deed in his favour and it is also admitted that he has been in possession and enjoyment of the subject property. If that is so, erecting the caution notice board and restraining the petitioner to enter into the subject land is contrary to law and nothing but infringing the constitutional rights of the petitioner guaranteed under Article 300-A of Constitution of India and report dated 12.01.2022 of the 5th respondent herein. 5 7. In view of the written instructions submitted by the learned Assistant Government Pleader for Revenue, this Court deems it appropriate to direct the respondents that the representation of the petitioner dated 27.01.2025 shall be considered within a period of three (03) months from the date of receipt of a copy of this order and appropriate speaking order shall be passed, after providing opportunity of hearing to the petitioner or other stakeholders, if any. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dt:21.04.2025 Note: Issue C.C. by 24.04.2025 B/o. SJ 6 92 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9794 of 2025 21.04.2025 ssjj