4*▼ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT FRIDAY, THE THIRD DAY OF JANUARY | TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 734 OF 2024 Writ Appsal undsr clause 15 of the Letters Patent against the order dated 29.11.2023 in W.P.No.8349.of 2023 on the file of the High Court. Between: i ♦ l.Vaiika Kovvadtiyya, S/o.Late Suryanarayana, Aged about 56 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. , 2.Vanka Prasad, S/o.Kovvadayya, Aged about 27 years, Occ: Coolie, IVo.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. S.Vanka Bajaramma,W/o.Late Singaraju, Aged about 27 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyakigudem Mandal, Eluru District. ^4.Vanka Ganjga Devi, W/o.Late Venkata Swamy, Aged about 58 years, Occ: Coolie, Ryo.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. / W-. 5. Komaram Chalayya, S/o.Late Venkanna, Aged about 60 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. b.Vanka Ram Murthy, S/o.Late Jagiraju, Aged about 43 years, Occ: Coolie, Ry'o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. /7.Vanka Neigeswararao, S/o.Late Bheemudu, Aged about 45 years, Occ: Coolie, R/o. Vank ab othappagud em V i 1 lage, Koyyalagudem Mandal, Eluru District. -¥\ ^4 V ^ J m 2 ;; 8. Vanka Penta Rao, S/o.Late Venkanna ■ / Aged about 3 8 years, Occ: Coolie, R/o. Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. y9. Podiyam Krishna Kumari, W/o.Ganga Raiu, Aged about 36 years, Occ: Coolie, R/o. Vankabothappagudem Village Koyyalagudem Mandal, Eluru District. 10. Vanka Veeramma, W/o.Chinna ' ^ Aged about 54 years, Occ: Coolie, R/o.Vankabothappagudem Village Koyyalagudem Mandal, Eluru District. Venkanna, / 1. Buddula Kamiam 1 ^ W/o.Late Bhima Raj Aged about 46 years, Occ: Coolie. R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 12. Vanka Munemma, W/o.Late Surya Rao Aged about 46 years, Occ: Coolie, IVo. Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. d'3. Vanka Lakshmudu,S/o.Late Pentavya, Aged about 52 years, Occ: Coolie,'' R/o.Vankabothappagudem Villag4 Koyyalagudem Mandal, Eluru District. y 14. Vanka Seethamma, W/o.Late Venkateswar Aged about 38 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. Id. Gedla Narasamma,W/o.Late Ramudu, Aged about 53 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 16. Kaniti Mangamma, W/o.Pandu Raju Aged about 42 years, Occ: Coolie,' R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. arao. y I 5 ::3 :: 17. Komaram Gangadevi, W/o.Ramudu, Aged about 45 years, Occ: Coolie, iCo.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 18. Vanka Durgamma, W/o.Late Venkanna, Aged about 52 years, Occ: Coolie, R/o.Vankabothappagudem Vi 1 lage, Koyyalagudem Mandal, Eluru District. 19. Vanka Nagaratnam, W/o.Late Chellarao, Aged about 52 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 20. Vanka Venkata Lakshmi, W/o.Late Chinna Gangaraju, Aged about 53 yeairs, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 21. Areti Chellamma, W/o.Late Suryarao, Aged about 68 years, Occ: Coolie, ICo.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 22. Areti Venkateswararao, S/o.Late Suryarao, Aged about 56 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 23. Vanka Chellamma, W/o.Late Sriramulu, Aged about 40 years, Occ: Coolie, R/o.Vankabothappagudem Village, ^ Koyyalagudem Mandal, Eluru District. 24. Vanka Ramamma, W/o.Late Singa Raju, Aged about 43 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 25. Vanka Rajyalakshmi, W/o.Ganga Raju, Aged about 36 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. ▼ :: 4 :: 26. Kurasam Venkata Lakshmi, W/o.Yesubabu, Aged about 34 years, Occ: Coolie, IVo.Vankabothappagudem Village, Koyyalagudem Mandal, Eliiru District. 27. Palem Chintalayya, S/o.Late Pallaiah, Aged about 57 years, Occ; Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 28. Pusam Rama Lakshmi, W/o.Vasantha Rao, Aged about 46 years, Occ: Coolie, R/o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 29. Pusam Durgamma, W/o.Late Abbulu, Aged about 51 years, Occ: Coolie, IL'o.Vankabothappagudem Village, Koyyalagudem Mandal, Eluru District. 30. Vanka Vara Lakshmi, W/o.Somaraj Aged about 46 years, Occ; Coolie,' R/o.Vankabothappagudem Villag^ Koyyalagudem Mandal, Eluru Distri : 3 1. Gedla Tulasi, W/o. Venkateswararao, Aged about 36 years, Occ; Coolie, R/o. Vankabothappagudem Vi 1 lage, Koyyalagudem Mandal, Eluru District. u, JCt. Appellants/Writ Petitioners And 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Tribal Welfare Department, Secretariat, Velagapudi, Amaravati, Guntur District. ^ 2. The Agent to Government/ District Collector, Eluru District at Eluru. 3. The Special Assistant Agent/ / Revenue Divisional Officer, Jangareddigudem Revenue Division, Jangareddigudem Town, Eluru District. :: 5 :: 4. The Tahsildar, Koyyalagudem Mandal, Eluru District. 5. Botta Chandram, S/o.Veeranna, Aged 62 years, Occ; Farmer, R/o.Near: Water Tank, Gollagudem, Dippkayalapadu, Koyyalagudem Mandal, West Godavari (Eluru) District. 6. Botta Padmavathi, W/o.Chandra Rao, Aged 51 years, Occ: Flousewife, R/o.Near: Water Tank, Gollagudem, Dippkayalapadu, Koyyalagudem Mandal, West Godavari (Eluru) District. 7. Atluri Ratnakar, S/o.Rama Mohana Rao, Aged 36 years, Occ: Farmer, R/o.H.No.28-120, Atlurivari Street, Jangareddygudem, West Godavari (Eluru) District. yt. Atluri Indira Kumari, W/o.Rama Mohana Rao, Aged 60 years, Occ: Housewife, R/o.H.No.28-120, Atlurivari Street, Jangareddygudem, West Godavari (Eluru) District. 9. Nadendla Veera Venkata Lakshmi, V C/o.Bojjaya, Aged 50 years, Occ: Flousewile, R/o.D.No.3-5 1-18, Near: Ramalayarn, Near: D.S.Tank, Tadepalligudem, West Godavari (Eluru) District. 10. Jonubonu Venkata Durga Rani, C/o Venkateswararao, Aged 26 years, Occ: Housewife, R/o.H.No.3-27, Gollagudem, Dippakayalapadu, Koyyalagudem Mandal, West Godavari (Eluru) District. 11. Gadde Subha Sri, W/o.Siva Prasad, - Aged 60 years, R/o.H.No.16-1-39, Kottur Street, Samarlakota, East Godavari District. y..'. / 6 :: 12. Parimi Raj Kumar, S/o.Ramachandra Prasad Aged 32 years, Oec: Farmer, R/o II.No.l Beside Ramalayam, Dippakayalapadu, Koyyalagudem Mandal, West Godavari (Eluru) District. 13. Geda Hari Krishna, S/o.Naravana Rao . Aged 33 years, Occ; Private Employee yo.H.No.l Back to Society, Dippakayalapadu, Koyyalagudem Mandal, West Godavari (Eluru) District. 14. Kalagara Sesharatnam, W/o.Vigneswararao Aged 59 years, Occ; Housewife, ^o.H.No.5-159, Kothapeta, Kaiagaravari Street, Buttay^agudem, Buttayagudem Mandal West Godavari (Eluru) District. 15. Kalagara Kumar Swamy, S/o.Subba Rao Aged 64 years, Occ: Farmer, R/o.D.No.8-17, Vijaya Bank Street Buttayagudem Mandal, West Godawi (Eluru)District. 16. YellinaBharathi, W/o.Rama Rao, Aged 65 years, Occ: Housewife, 1^0.9-8, Madyahanapuvarigudem, firumaladevipeta, T.Narasapuram Mandal West Godavari (Eluru) District. Respondents lA NO: 3 OF 2024 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 to grant stay of operation the order dated 29-11-2023 passed in W.P.No.8349 of 2023, pending disposal of the above Writ Appeal. Counsel for the Appellant: SRI NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondents: SRI RAJULAPATI PRAVEEN KUMAR The Court made the following: JUDGMENT ' ^ Bench Sr.No:-18 [3483] APHC010241062024 ||^ COURT OF ANDHRA PRADESH AT AMARAVATI r WRIT APPEAL NO; 734 of 2024 f ...Appellants Vanka Kovvadayya and others Vs. ...Respondents The State of A.P. and others ********** Sri Naga Praveen Vankayalapati Sri Rajulapati Praveen Kumar, learned Government Pleader for Revenue and the learned Government Pleader for Social Welfare. Advocate for appellants Advocate for respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 3rd January 2025 PC: The present writ appeal has been preferred against the judgment and order dated 29.11.2023 passed in W.P.No.8349 of 2023. The petitioners had filed the petition claiming that they were sought to be evicted from the land in question in regard to which they claim that they are in possession of D-Form pattas. 2. the stand of the petitioners, the land was supposed to be who had been displaced on account of the 3. According to rehabilitated to the persons \ construction of the Poiavaram Irrigation Project. \ 2 4. The writ petition, however, came to be dismissed by virtue of the order and judgment impugned on the ground that the petitioners failed to establish i either their possession or right over the land in question. 5. This finding was recorded by the learned single Judge on the basis of the stand taken by the official respondents that there was no such D-Form patta issued in favour of the petitioners and that the land in question was a zeroyit land and was in possession of the land owners, who are private respondents in the instant case. 6. It is also the stand of the respondent State before us that the assertion that the petitioners were sought to be evicted to rehabilitate the persons displaced on account of the construction of the Polavaram Irrigation Project was absolutely incorrect and that according to the records, the land in question is a private land in favour of the unofficial respondents and that the revenue authorities had issued pattadar passbooks and adangal in their favour. It is also stated that the revenue agencies issued the adangals and the pahani, which reflects the actual possession of the parties and in this case, the private respondents herein. 7. Having heard the learned counsel for the parties, we are of the opinion that the view expressed by the learned single Judge cannot be interfered with as it is quite clear that the entire assertion of the petitioners that they are entitled to remain in possession of the property in question based upon the D-Form pattas is disputed as the genuineness of the D-Form pattas is f 3 seriously challenged by the official respondents, who claim that no such pattas were issued to the petitioners. We, accordingly, dismiss the writ appeal, order as to costs. No Miscellaneous Petitions pending, if any, in this appeal shall stand closed. Sd/- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTI FICER To 1. One CC to Sri Naga Praveen Vankayalapati, Advocate [OPUC] 2. One CC to Sri Rajulapati Praveen Kumar, Advocate[OPUC] 3. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. ssb / I HIGH COURT DATED:03/01/2025 JUDGMENT 2 3 JAN 2C?5 ^ Current Section .1 WA.No.734 of 2024 Co DISMISSING THE W.A. WITHOUT COSTS