APHC010227542020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14992/2020 Between: 1. S.M.BASHA, S/O H.MOHAMMAD GHOUSE, AGED 65 YEARS, R/O D.NO.6-5-445, KALIKAMMAGUDI VEEDHI, TIRUPATI, CHITTOOR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP - 522 238. 2. THE DISTRICT COLLECTOR, NEW COLLECTORATE OFFICE, CHITTOOR DISTRICT, AP - 517 002. 3. THE SUB COLLECTOR, TIRUPATI, CHITTOOR DISTRICT - 517 501. 4. THE REVENUE DIVISIONAL OFFICER, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT - 517 501. 5. THE TAHSILDAR MRO, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): 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 topleased to issue, an order or direction, in the nature of writ of Mandamus, declaring the action of the respondents in trying to 2 take over the private patta land of the petitioner to an extent of Ac.0.34 cents in Sy.No.335/5 of Chiguruvada Uttarapu Kandriga village, Tirupati Rural Mandal, Chittoor District, for the purpose of issuance of house sites under Navaratnalu-Pedalandariki Illu Scheme, without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner over land measuring Ac.0.34 cents in Sy.No.335/5 of Chiguruvada Uttarapu Kandriga village, Tirupati Rural Mandal, Chittoor District and pass IA 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 pleased to direct the respondents not to disturb the possession of the petitioner over land measuring Ac.0.34 cents in Sy.No.335/5 of Chiguruvada Uttarapu Kandriga village, Tirupati Rural Mandal, Chittoor District and pass IA NO: 1 OF 2021 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 pleased to vacate the interim order granted on 26-08-2020 in W.P.No. 14992 of 2020 and Counsel for the Petitioner: 1. S PRANATHI Counsel for the Respondent(S): 1. S PRANATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in trying to take over the private patta land of the petitioner to an extent of Ac.0.34 cents in Sy.No.335/5 of Chiguruvada Uttarapadu Kandriga Village, Tirupati Rural Mandal, Chittoor District for the purpose of issuance of house sites under Navaratnalu-Pedalandariki Illu Scheme, without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader for the respondents relying upon the counter of the 5th respondent submits that the subject land is classified as government Assessed Waste Dry (AWD) land and no patta was issued in favour of the petitioner. It is also not utilized for the above said public purpose. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 5 are directed to deal with the subject land if so warranted for any public purpose strictly in accordance with law. If the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law, by giving due opportunity of hearing to all the parties concerned including the petitioner, upon verification of the records and the subject land, appropriate decision 4 shall be taken on its own merits. Any dispossession shall not be made except by following the due process of law. 5. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.09.2025 NNN