GOWDAPERU CHITTI BABU v. THE STATE OF ANDHRA PRADESH
WP/15274/2025 · 2025-06-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19127 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19127 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010265472025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15274/2025 Between: GowdaperuChittiBabu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SRINIVASU L Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15274/2025
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 2 to 4 in not considering the Representation of the Petitioner dt.03.4.2025 and not taking action against the Respondents 5 and 6 for encroaching the Government Land situated in Sy.No.71 of Mangalam Village, Settipalli Gram Panchayat, Tirupati Urban Mandal an extent of Ac.9.25 cents which is illegal, improper, arbitrary and violation of Articles 14 and 21 of the Constitution of India consequently direct the Respondents 2 to 4 to consider the Representation of the Petitioner dt.03.04.2025 and initiate action against the Respondents 5 and 6 for encroaching the Government land situated in Sy.No.71 of Mangalam Village, Settipalli Gram Panchayat, Tirupati Urban Mandal an extent of Ac.9.25 cents and protect the Government Property and pass such other order or orders….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that the 6th respondent herein illegally encroached the Government land which is classified as Government Poramboke Land (Gunta) to an extent of Ac.9.25 cents in Sy.No.71 situated in Mangalam Village, Settipalli Gram Panchayat, Tirupati Urban. Having known regarding the illegal encroachment, the petitioner herein submitted an application under RTI Act, 2005 requesting the authorities to
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furnish information with regard to the subject land. Considering the application of the petitioner, respondent No.4 herein issued an endorsement dated 01.04.2025, wherein, it is notified that the land in Sy.No.71 is classified as Government Poramboke Land and classified as Gunta and also informed that the land in Sy.No.72 to an extent of Ac.12.74 cents is also classified as patta land and furnished the copies of fair adangal and FMB. But not confirmed about the illegal encroachments in respect of the land in Sy.No.71. Accordingly, the petitioner herein submitted a representation dated 03.04.2025 to respondent Nos. 2 to 4 requesting them to surrender/ take over the land in Sy.No.71 to an extent of Ac.9.25 cents from the unauthorized occupants. But so far, the respondent authorities neither considered the said representation nor passed any other orders. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned Government Pleader furnished written instructions dated 25.06.2025 issued by respondent No.4, wherein, it is stated that the land to an extent of Ac.9.25 cents in Sy.No.71 is classified as Government Poramboke land. It is further stated that pursuant to the claim of the third party i.e., M.Suseela Devi, the competent authority i.e., Settlement Officer granted Ryotwari patta in her favour for the land in Sy.No.71 and the same was confirmed by the Revisional authority. Thereafter, the Director of Settlements also issued proceedings in favour of the Ryothwari patta holders. Later, the subject land was converted into plots by way of approved layouts as permitted by the competent authority i.e., TUDA. He further submits that the petitioner is neither the resident of the subject village nor a neighbouring land
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holder nor an affected party. Therefore, the petitioner herein has no locus to file the present writ petition and further the facts explained by the petitioner are contrary to the original revenue record as narrated above. 5.
Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court observed that the petitioner herein has exposed the general cause in respect of the subject land. But he is neither an affected party nor an interested party. Moreover, the subject land is a patta land due to granting of Ryotwari patta in favour of one Smt. M.Suseela Devi, the subject land was already converted into residential/ house plots as per the approval granted by the competent authority i.e., TUDA. Therefore, the petitioner is not entitled to challenge the same without any locus and sought for relief against the respondents, as such, this Court is of the considered view that the claim of the petitioner is liable to be rejected. 6. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.06.2025
BSP
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO:15274/2025
25.06.2025 BSP