APHC010272782021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 15853/2021 Between: 1. BOTLA KRISHNA PRASAD, S/O LATE GANGAIAH, AGED 62 YEARS, R/O. FLAT NO. 2, HAPPY VILLAS, LIC. OFFICERS LANE, DARGAMETTA, NELLORE ...PETITIONER AND 1. THE STATE GOVERNMENT OF ANDHRA PRADESH, DEPARTMENT OF REVENUE REP. BY ITS SECRETARY, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COLLECTOR AND DISTRICT MAGISTRATE, NELLORE, SPSR NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICE, NELLORE, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, NELLORE URBAN MANDAL, NELLORE TOWN, SPSR NELLORE 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 tomay be pleased to issue Writ or Order or a direction, more in the form of writ of mandamus, declaring the action of the 4th respondent in his interference with the rights and possession of the Petitioner over the land in an extent of Ac.1-14 cents situated in Survey No. 2004/D situated in Nellore Bit-II of Nellore Urban Mandal of SPSR Nellore District, as arbitrary, illegal, 2 ultra vires, against the Principles of Natural Justice and unconstitutional and to consequently direct the Respondents not to disturb the Petitioner's rights in any way and not to dispossess the Petitioner from Ac.1-14 cents of land situated in Survey No. 2004/D situated in Nellore Bit-II of Nellore Urban Mandal of SPSR Nellore District and pass such 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 may be pleased to direct the respondents not to interfere with the possession and enjoyment of the petitioner over the land in an extent of Ac.1- 14 cents of land situated in Survey No. 2004/D situated in Nellore Bit-II of Nellore Urban Mandal of SPSR Nellore District, pending disposal of the main writ petition and to pass such IA NO: 2 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 orders granted on 05-08-2021 in Wp. 15853/2021 and dismiss the writ petition IA 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 pleased to extend interim orders dated 05-08-2021 in I.A. No. 1 of 2021 in W.P. No. 15853 of 2021 and pass such Counsel for the Petitioner: 1. T SREEDHAR 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 4th respondent in interfering with the rights and possession of the petitioner over the land in an extent of Ac.1-14 cents situated in Sy.No.2004/D situated in Nellore Bit-II of Nellore Urban Mandal of SPSR Nellore District. 3. The learned counsel for the petitioner submits that the petitioner is in possession of the subject land in an extent of Ac.1-14 cents in Sy.No.2004/D situated in Nellore Bit-II of Nellore Urban Mandal (schedule property) Nellore District having lease hold rights since the petitioner’s maternal grandfather late Puli Lakshmaiah S/o Pitchaiah executed a registered WILL dated 19.12.1981 bearing document No.183/1981. Earlier, when the then Tahsildar issued notices dated 15.12.1968 and 30.12.1968, late Puli Lakshmaiah questioned the same by way of W.P.No.271 of 1969 before the erstwhile High Court of Andhra Pradesh, the same was disposed of on merits vide order dated 17.06.1971. Consequently, late Puli Lakshmaiah also filed a civil suit to protect his rights over the subject land. The said suit in O.S. No.541 of 1971 on the file of District Munisif Court, Nellore (Principal Junior Civil Judge’s Court), for declaration of his lease hold rights over the schedule property was decreed on 31.01.1974. Accordingly, in succession, the petitioner is enjoying the said lease hold rights over the said property. While so, the 4th respondent 4 is trying to again interfere with the possession of the petitioner on the ground of requirement of the said land for house sites welfare scheme of the State. 4. On the other hand, the learned Assistant Government Pleader submits that the subject land is classified as Cart Stand Poramboke as per RSR of the village and no patta was granted under any act nor it is leased out to anyone. 5. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the respondent Nos.2 to 4 are directed to deal with the subject land situated in an extent of Ac.1-14 cents in Sy.No.2004/D of Nellore Bit-II of Nellore Urban Mandal (schedule property) Nellore District strictly in accordance with law if so required for any public purpose. If the petitioner is otherwise in possession of the subject land, he shall be dealt with strictly in accordance with law by giving due opportunity of hearing and any dispossession from the subject land shall not be made except by following the due process of law. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 12.08.2025 NNN