APHC010243822025 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD/^ WRIT PETITION NO: 12711 OF 2025 Between: M. Annapurnamma, W/o. Ravi Babu, aged about 46 years, Agricultural Labour, resident of Samatha Nagar, Railway Kodur Mandal, Annamayya District. ...PETITIONER^ AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Annamayya District, Rayachoti. 3. The Revenue Divisional Officer, Rajampet, Annamayya District. 4. The Tahsildar, Railawy Kodur Mandal Railway Kodur, Annamayya District. 5. Deputy Executive Engineer, Irrigation-Sub Division, Railway Kodur, Annamayya District. 6. The Panchayat Secretary, K. Buduguntapalli Village, Railway Kodur Mandal, Annamayya Distrcit. ...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 a writ, order or direction, of Mandamus, declaring the action of the peaceful possession and eni admeasuring Ac.0-20 cents in Survey No. 946 of Railway Kodur Village Mandal, allotted under Ref. No. B/98/2008 dated 08-02-2008, as illegal and arbitrary and against principles of natural justice and against the article 14 and 300-A of India consequently direct the Respondents not to interefere with the possession of the petitioner in respect of the above land. - more particularly one in the nature respondents in interfering with the enjoyment of petitioner in respect of the land and lA NO: 1 OF 2025 Petition under Section isf CPC in the affidavit filed in praying that in the circumstances stated support of the petition, the High Court may be pleased to direct the Respondents not to interfere with the peaceful enjoyment of the petitioner land possession and admeasuring Ac.0-20 cents in Survey No. 946 of Railway Kodur Village & Mandal, dated 08-02- 2008 pending disposal of the above allotted under Ref. No. B/98/2008 writ petition. Counsel for the Petitioner: SRI SATYANARAYANA Counsel for the Respondent Nos. NIMMALA 1 to 4; GP FOR REVENUE ^ Counsel for the Respondent No.5:GP FOR IRRIGATION AND CAD Counsel for the Respondent No.6: f— SRI M. SUDHIR, SC FOR ZPP, MPP & gram panchayat The Court made the following order: APHC010243822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12711/2025 Between: 1.M. ANNAPURNAMMA,, W/0. RAVI BABU, AGED ABOUT 46 YEARS, AGRICULTURAL LABOUR RESIDENT OF SAMATHA NAGAR RAILWAY KODUR MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY BUILDINGS, VELAGAPUDIAMARAVATHIGUNTUR DISTRICT, REVENUE DEPARTMENT, SECRETARIAT 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTI. 3.THE REVENUE DMCIONAL OFFICER, RAJAMPET, ANNAMAYYA DISTRICT. 4.THE TAHSILDAR, RAILAWY KODUR MANDAL RAILWAY KODUR, ANNAMAYYA DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION-SUB DIVISION RAILWAY KODUR, ANNAMAYYA DISTRICT. 6.THE PANCHAYAT SECRETARY, K. BUDUGUNTAPALLI VILLAGE, RAILWAY KODUR MANDAL. ANNAMAYYA DISTRCIT. ...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 a writ, order or direction, more particularly one in 2 the nature of Mandamus, declaring the action of the respondents in interfering with the peaceful possession and enjoyment of petitioner in respect of the land admeasuring Ac.0-20 cents in Survey No. 946 of Railway Kodur Village and Mandal, allotted under Ref. No. B/98/2008 dated 08-02-2008, as illegal and arbitrary and against principles of natural justice and against the article 14 and 300-A of India consequently direct the Respondents not to interefere with the possession of the petitioner in respect of the above land and pass lA NO: 1 OF 2025 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 direct the Respondents not to interefere with the peceful possession and enjoyment of the petitioner land admeasuring Ac.0-20 cents in Survey No. 946 of Railway Kodur Village & Mandal, allotted under ReT, No. B/98/2008 dated 08-02- 2008 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRl AND CAD The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12711/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue a writ, order or direction more particularly one In the nature of Mandamus declaring the action of the respondents In interfering with the peaceful possession and enjoyment of petitioner in respect of the land admeasuring Ac.0.20 cents In Survey No.946 of Railway Kodur Village and Mandal allotted under Ref No.B/98/2008 dated 08.02.2008 as illegal and arbitrary and against principles of natural justice and against the article 14 and 300-A of India consequently direct the Respondents not to interfere with the possession of the petitioner in respect of the above land and pass such other order or orders...” Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat appearing for the respondents. 2. Learned counsel for the petitioner submits that the petitioner herein is an agricultural labour and a land less poor person. While so, the petitioner herein submitted an application to the District Collector, Kadapa District requesting for allotment of a land in or around Railway Kodur Village for the purpose of raising grass fodder for cattle. Pursuant to the said application/ representation, the petitioner has been allotted a land admeasuring to an 3. extent of Ac.0.20 cents in Sy.No.946 of Railway Kodur Village and Mandal, YSR Kadapa District vide allotment order dated 08.02.2008 by the then Tahsildar, Railway Kodur Village. Since then, the petitioner has been in peaceful possession and enjoyment of the subject land and is utilizing strictly for the purpose for which it was allotted. Learned counsel for the petitioner further submits that basing on the complaint made by the villagers alleging that the petitioner has encroached the land to an extent of Ac.2.46 cents in Sy.No.946, respondent No.4 instructed respondent No.6 to issue notice to the petitioner. Pursuant to the same, the respondent No.6 issued a notice dated 26.11.2024 to the petitioner. For which, the petitioner herein submitted her detailed explanation dated 02.12.2024. But without considering the said explanation, the respondents interfering with the peaceful possession and enjoyment of the subject property of the petitioner. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. are 5. On the other hand, learned Standing Counsel for Gram Panchayat appearing for respondent No.6 furnished written instructions dated 09.07.2025, wherein, it is stated that the petitioner herein was allotted only Ac.0.20 cents in Sy.No.946 out of Ac.69.35 cents for growing livestock feed to the cattle. But contrary to the said permission/ authorization given by the then respondent No.4, the petitioner herein occupied the river poramboke to an extent of Ac.2.46 cents and doing agricultural operations which amounts to an encroachment upon the river poramboke and the same cannot be permitted to notice dated 26.11.2024 and do so. For which, respondent No.5 issued a pursuant to the same, the petitioner submitted her explanation dated Learned Standing Counsel appearing for the 6‘^ respondent 02.12.2024. further submits that since the petitioner herein submitted her explanation to the notice issued, the respondent authorities would consider the same and pass appropriate orders in accordance with law, within a reasonable time. Government Pleader appearing for respondent No.4 also furnished written instructions dated 10.07.2024, wherein, the relevant portion reads as follows: 6. Learned '/\s per RSR of Kodur Village the land in Sy.No.946, extent 69.85 acres is classified as River Poramboke. Further it is submitted that, is said to be the then Tahsildar, RIy.Kodur issued orders according W/o.RaviBabu, Santhi Group permission to Smt.Annapurnamma Women for raising grass for fodder to the cattle supplied under IKP in Sy.No.946, extent 0.20 acres of Kodur Village and also directed to use the land only for raising of grass for fodder to cattle only. But not use for cultivation purpose. But the file is not traced out in this office. At present, after completion of 17 years, the applicant is raising mango with modified intention to grab the Government Poramboke land crop with the help of purported document. The subject land is water body poramboke and highly objectionable. So the Panchayat Secretary issued notice as per G.O.Ms.No.188, dated 21.07.2011. Having regard to the submissions made by the learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel appearing for the respondents and on perusal of the written instructions placed on record, this Court is of the considered view that the present writ 7. i 6 petition can be disposed of, directing the respondents explanation dated 02.12.2024 submitted by the petitioner herein to consider the pursuant to the notice dated 26.11.2024 and pass a speaking order, in accordance With law, within a period of two (02) months from the date of receipt of a copy this order. Till then, the respondents are directed not to interfere with of the peaceful possession and enjoyment of the subject property of the petitioner 8. With the above direction, the writ petition is disposed of. There shall no order as to costs. be Consequently, Miscellaneous Petitions if any, pending in the Writ petition shall stand closed. Sd/- M RAMESH Babu DEPUTY register //TRUE COPY// SECTION officer To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, VelagapudiAmaravathiGuntur District. 2. The District Collector, Annamayya District, Rayachoti. 3. The Revenue Divisional Officer, Rajampet, Annamayya District. Railway Kodur, Annamayya^^ 4. The Tahsildar, Railawy Kodur Mandal District. 5. Deputy Executive Engineer, Irrigation-Sub Division, Railway Kodup^ Annamayya District. 6. The Panchayat Secretary, K. Buduguntapalli Village, Railway Kodur mandal, Annamayya Distrcit. 7. One CC to Sri Satyanarayana Nimmala, Advocate [OPUC].^ ^ 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] - 9. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. HIGH COURT DATED:11/08/2025 ORDER WP No.12711 OF 2025 sT 0 ^ SEP 2025 B *vCBfF«itS«cUo|iX*5^ DISPOSING OF THE W.P. WITHOUT COSTS