IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY / TWOTHOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13502 OF 2022 Between: 1. Kundia Bhavani, W/o Prasad Reddy, Aged about 45 Years, Occ. Agriculture,residents of Rachapalli (V) Ramapuram (M) Annamayya District. 2. Banreddy Shobha Rani, W/o Ramanjaneya Reddy, Aged about 38Years, Occ: Agriculture,residents of Rachapalli (V) Ramapuram (M) Annamayya District. 3. Pallu Sujatha, W/o Arnarnath Reddy, Aged about 42Years, Occ. Agricultur^residents of Rachapalli (V) Ramapuram (M) Annamayya District 4. Amedhyapuram Prashanthi, D/o Bhaskar Reddy, Aged about 33Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 5. Maddika Chitti, W/o Ananda Reddy, Aged about 39Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 6. Polu Lakshmi Devi, W/o Rajagopal Reddy, Aged about 48 Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 7. Tula Ravikiran, S/o Sudhakar, Aged about 34Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 8. Achipireddy Sujatha, W/o Dwarakanath Reddy, Aged about 36Years; Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 9. PoluUmadevi, W/o Venugopal Reddy, Aged about 42Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 10. Mallreddy Prasad Reddy, S/o Gangi Reddy, Aged about 41 Years, Occ. Agriculture,residents of Rachapalli (V) Ramapuram (M) Annamayya District. 11. Chenna Reddy Jaya Simha Reddy, S/o Lakshmi Narasa Reddy Aged about 31 Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 12. Muthyala Venkata Lakshmi, W/o Rudrasagar Reddy, Aged about 29Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. 13. Baireddy Jyothi, W/o Ravindra Reddy, Aged about 38Years, Occ. Agriculture, residents of Rachapalli (V) Ramapuram (M) Annamayya District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District, Rayachoty. 3. The Revenue Divisional Officer, Rayachoty Revenue Division, Rayachoty, Annamayya District. 4. The Tahsildar, Ramapuram Mandal, Annamyya 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 may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in attempting to dispossess the petitioners from the land in an extent of Ac.4.85 cents, Ac.4.78 cents, Ac.4.90 cents, Ac.4.95 cents, Ac.3.96 cents, Ac.4.68 cents, Ac.4.85 cents, Ac.4.80 cents, Ac.4.63 cents. Ac.3.99 cents, Ac.4.60 cents, Ac.4.90 cents and Ac.3.95 cents in Sy.No.1565 of Rachapalle Village fields, Ramapuram Mandal, Annamayya District, stating that the same is required for assignment in favour of landless poor without passing any orders on the representation, dated 06.10.2017 submitted by the petitioners for assignment of the same in the petitioners favour considering the petitioners long standing possession and enjoyment over the same as arbitrary, illegal, colourable exercise of power and contrary to the well established legal principles apart from being voilative of the fundamental rights Ac.4.80 cents, Ac.4.63 cents, Ac.3.99 cents, Ac.4.60 cents, Ac.4.90 cents and Ac.3.95 cents in Sy.No.1565 of Rachapalle Village fields, Ramapuram Mandal, Annamayya District without passing the orders on the representation, dated 06.10.2017 submitted by the petitioners. lA NO: 1 OF 2022 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 may be pleased to direct tho thetf respondent No. 4 not to dispossess the petitioners from the land in an extent of Ac.4.85 cents, Ac.4.78 cents, Ac.4.90 cents, Ac.4.95 cents, Ac.3.96 cents, Ac.4.68 cents; Ac.4.85 cents, Ac.4.80 cents, Ac.4.63 cents, Ac.3.99cents, Ac.4.60 cents; Ac.4.90 cents and Ac.3.95 cents in Sy.No.1565 of Rachapalle Village fields, Ramapuram Mandal, Annamayya District, without following due process of law, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER J APHC010229762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13502/2022 Between: Kundia Bhavani and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: High handed interference by the respondents without following law is the grievance of the petitioner. The petitioners are in possession of the land to an extent of Ac.4.85 cents, Ac.4.78 cents, Ac.4.90 cents, Ac.4.95 cents, Ac.3.96 cents, Ac.4.68 cents, Ac.4.85 cents, Ac.4.80 cents, Ac.4.63 cents, Ac.3.99 cents, Ac.4.60 cents, Ac.4.90 cents and Ac.3.95 cents in Sy.No.1565 of Rachapalle Village fields, Ramapuram Mandal, Annamayya District, for more than 20 years and f eking out their livelihood by cultivating the same. While so, they made a representation dated 06.10.2017 to respondent No.4 for grant of assignment of the subject property in their favour. Without considering the same and without following the procedure contemplated under law, the respondent authorities tried to dispossess them. Aggrieved by the same, the present writ petition is filed. 2. Heard Sri V.R.Reddy Kovvuri, learned counsel representing Sri Abhay Siddanth Mootha, learned counsel for the petitioners and Sri Venkata Satya Narayana, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners while reiterating the contents of the writ affidavit contended that the petitioners made a representation dated 06.10.2017 requesting the revenue authorities for grant of assignment in their favour by taking into consideration their longstanding possession over the subject property. Pending consideration of the same, the revenue authorities tried to dispossess the petitioners from the subject property high handedly without issuing any notice and without following law. It is settled law that even encroachers are entitled to notice. In view of the same, prayed to pass appropriate orders protecting the interest of the petitioners. On the other hand, learned Assistant Government Pleader while justifying the action of respondents contended that the writ petition is of the year 2022 and there are no interim orders. At this length of time, the question of protecting the possession of the petitioners does not arise. Even otherwise, there is no material or endorsement evidencing service of the representation 4. / 9 on the concerned authority. If at all, the petitioners are landless poor and want any assignment of land, they can make a fresh representation so that the authorities will consider the same in accordance with law. In reply, learned counsel for the petitioners submitted that there is an 5. endorsement of the Tahsildar on the representation and the same was reported to the Village Revenue Officer. However, the representation was not processed further. It would suffice for the time being if a direction is given to the authorities concerned to dispose of the representation in a time bound manner. Perused the record and considered the submissions made by the 6. learned counsel for the parties. The petitioners main contention is that they made a representation to the revenue authorities for grant of assignment in their favour by duly taking 7. into consideration their longstanding possession over the subject property. There is no material placed on record to show that the petitioners are in possession of the subject property. Further there are no interim orders granted by this Court in faovur of the petitioners. A perusal of the representation so placed on record, no doubt shows that there is some endorsement of the authority. However, as the said representation is very old, the question of directing the authorities to consider the same at this length of time does not arise. To meet the ends of justice, this Court is inclined to give liberty to the petitioners to approach the authorities concerned and make a fresh representation. 8. Taking the facts and circumstances of the case and the submissions of the learned counsel into consideration, this Court is inclined to dispose of the Writ Petition by passing the following order: “The petitioners are at liberty to approach the authority concerned by making fresh representation for grant of assignment, if so advised. On such representation, the authority concerned shall consider and dispose of the same as expeditiously as possible within a period of three (03) months from the date of receipt of the same.” 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Annamayya District, Rayachoty. 3. The Revenue Divisional Officer, Rayachoty Revenue Division, Rayachoty, Annamayya District. 4. The Tahsildar, RamapuramMaridal, Annamyya District. 5. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb i HIGH COURT DATED:20/02/2025 ORDER t 18 MAK 2025 ? ^ . Current sieciion WP.No.13502of 2022 a Co. DISPOSING OF THE W.P. WITHOUT COSTS