APHC010293372O25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14895 OF 2025 Between: Chedala Lakshmi, W/o.Sathibabu, Aged about 65yrs, Pedasarada village, Madugula Mandal Anakapalli District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary Department, Secretariat Building, Amaravathi,Guntur District. 2. The District Collector, Collectorate, Anakapalli Anakapalli District. 3. Revenue Divisional Officer, Narsipatnam, Anakapalli District. 4. The Tahsildar, Madugula Mandal, Anakapalli District. Revenue 5. Station House Officer, Madugula Mandal, Anakapalli District. 6. Daamarowthu Ramana babu KinthalavaHapuram village and Post, V.Madugula Mandal, Anakapalli Daamarowthu S/o.Apparao, Aged about 56yrs District. 7. Jaggarao 54yrsKinthalavallapuram village and Post, District. S/o.Apparao, Aged V.Madugula Mandal, Anakapalli about 8. Daamarowthu Rajasekhar, S/o.Ramanababu, Aged about 24 yrs, Kinthalavallapuram village and Post, V.Madugula Mandai, A\nakapalli 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, mere particularly one in the nature of a Writ of Mandamus, declaring the inaction of Respondent No. 4 in failing to protect the land rights of the tribal petitioners in respect of an extent of Ac. 1,.365 cents of land in Survey Nos. 2/1 and 2/2, situaied Pedasarada Village, Madugula in Mandai, Anakapalli District, as illegal, arbitrary, unconstitutional, and in dear violation of Articles 14, 21, and 300-A of the Constitution of India. 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 plenled to ■ direct Respondent No. 4 to act in accordance with the instructions of the Government of Andhra Pradesh, Revenue Department, as contained in Memorandum No. 3937-B1/77/1, dated 22.10.1997 which mandates that in all cases of land allotment, possession shall invariably be ensured in favour of the landless poor, and that it shall be the duty of the revenue authorities and police to place them in firm possession thereof, with any default being treated as a serious lapse of duty. lA NO: 2 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 to direct Respondent No. 4 to take appropriate action on the petition dated 13.05.2025, submitted by the Petitioner seeking protection of her land measuring Ac.1.365 cents in Survey Nos.2/1 and 2/2, situated in Pedasarada Village, Madugula Mandai, Anakapalli District. Counsel for the Petitioner: INAPURAPU SURYANARAYANA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOWIE Counsel for the Respondent Nos.6 to 8: NONE APPEARED The Court made the following order: w APHC010293372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S;*0 [3329] MONDAY ,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14895/2025 Between; W/O.SATHIBABU. AGED ABOUT 65YRS PEDASARADA VILLAGE, MADUGULA MANDAL DISTRICT. 1.CHEDALA LAKSHMI ANAKAPALLI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI,GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, COLLECTORATE, ANAKAPALLI ANAKAPALLI DISTRICT. 3.REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLI DISTRICT. 4.THE TAHSILDAR, MADUGULA MANDAL, ANAKAPALLI DISTRICT. 5.STATION HOUSE OFFICER, MADUGULA MANDAL, ANAKAPALLI DISTRICT. 6.DAAMAROWTHU RAMANA BABU, S/O.APPARAO, AGED ABOUT KINTHALAVALLAPURAM VILLAGE AND POST 56YRS V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. AGED ABOUT AND POST, S/O.APPARAO VILLAGE 7.DAAMAROWTHU JAGGARAO, 54YRSKINTHALAVALLAPURAM V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. I 1 8.DAAMAR0WTHU RAJASEKHAR, S/O.RAMANABABU, AGED ABOUT 24 YRS KINTHALAVALLAPURAM VILLAGE V.MADUGULA MANDAL, ANAKAPALLI DISTRICT. AND POST, ...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 an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of Respondent No. 4 in failing to protect the land rights of the tribal petitioners in respect of an extent of Ac. 1,.365 cents of land in Survey Nos. 2/1 and 2/2, situated in Pedasarada Village, Madugula Mandal, Anakapalli District, as illegal, arbitrary, unconstitutional, and in clear violation of Articles 14, 21, and 300-A of the Constitution of India, and to pass such 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 may be pleased to direct Respondent No. 4 to act in accordance with the instructions of the Government of Andhra Pradesh, Revenue Department, as contained in Memorandum No. 3937-B1/77/1, dated 22.10.1997 which mandates that in all cases of land allotment, possession shall invariably be ensured in favour of the landless poor, and that it shall be the duty of the revenue authorities and police to place them in firm possession thereof, with any default being treated as a serious lapse of duty and to pass such lA NO: 2 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 may be pleased to direct Respondent No. 4 to act in accordance with the instructions of the Government of Andhra Pradesh, Revenue Department contained in mandates that in all cases of land allotment, possession shall invariably be ensured in favour of the landless poor, and that it shall be the duty of the revenue authorities and police to place them in firm possession thereof, with any default being treated as a serious lapse of duty and to pass such Counsel for the Petitioner: as Memorandum No. 3937-B1/77/1, dated 22.10.1997 which 1.INAPURAPU SURYANARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4 0 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAODA WRIT PETITION NO:14895/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the inaction of Respondent No. 4 in failing to protect the land rights of the tribal petitioners in respect of an extent of Ac. 1.365 cents of land in Sun/ey Nos. 2/1 and 2/2, situated in Pedasarada Village, Madugula Mandal, Anakapalll District as illegal, arbitrary, unconstitutional and in clear violation of Articles 14, 21 and 300- A of the Constitution of India and to pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is 3. the absolute owner and possessor of the land admeasuring to an extent of Ac.1.365 cents in Sy.No.2/1 and 2/2 situated at Pedasarada Village Madugula Mandal, Anakapalli District. After death of her husband, being legal heir, she has been in possession and enjoyment of the subject land. He further submits that at the behest of the unofficial respondents, the respondent authorities herein are trying to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Hence, the writ petition. / 5 H On the other hand, learned Government Pleader for the respondents 4. furnished written instructions dated 26.06.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions is extracted hereunder: “The petitioner was issued notice under Section 9(2) of Andhra Pradesh Survey Boundaries Act, 1923 by the then Tahsiidar during the resurvey. The survey officer determined the following particulars under Section 9(1) of the concerned Act. The record preparing under Section 10(1) of the concerned Act in favour of the petitioner for an extent of Ac. 1.365 cents in Sy.No.2/1 and 2/2 situated in Pedasarada Village, Madugula Mandal. The land covered in \A/rit Petition in Sy. Nos. 2/1 and 2/2 of resurvey, accordingly, the Pedasarada Village was conducted land was measured under resurvey to an extent of Ac. 1.252 cents was recorded in revenue records vide Khata No.22 with Land Parcel No. 19 (old Sy.No.2/1) for an extent of Ac.0.904 cents and Land Parcel No.23 (old Sy.No.2/2) Ac.0.348 cents total measuring Ac. 1.252 cents. As per the final ROR, the details of the pattadar and enjoyers in respect of L.P.No.19 and L.P.No.23 covered in Sy.No.2/1 and Sy.No.2/2 of Pedasarada Village as follows: Extent of the Enjoyer Ac.cts. Enjoyer Name Khatha Pattadar SI. L.P. No. Name No. No. Chedala 0.9040 Daamarowthu Appa Rao S/o. Raju Naidu 19 22 1 Lakshmi W/o.Satti Babu Chedala 0.3480 Daamarowthu 23 22 2 Lakshmi Appa Rao S/o. Raju Naidu W/o.Satti Babu N 6 On perusal of the said instructions, it is evident that the survey numbers as claimed by the petitioner were resurveyed and certain L.P. numbers granted. In respect of the Sy.No.2/1- L.P. No. 19 and in respect of Sy.No.2/2- L.P.No.23 were allotted. Pursuant to the resurvey and L.P.Nos., unofficial respondents were shown as pattadars and the petitioner was shown possessor of the subject land. The revenue records which were submitted 5. were as along with the instructions also shows that the unofficial respondents are the pattadars and the petitioner herein is shown as possessor of the subject land. Learned Government Pleader further submits that the respondent authorities are not interfering with the peaceful possession and enjoyment of the petitioner since the petitioner has been in possession and enjoyment of the subject land since long time. He further submits that if the respondents intend to interfere with the peaceful possession of the subject property of the petitioner, they shall follow due process of law. I \ Considering 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, it is observed that the subject land in Sy.No.2/1, 2/2 were classified as patta lands. The revenue records as well as written instructions of the 4**" respondent would indicate that one Sri Apparao is the pattadar and the unofficial respondents who were made as party respondents are the legal heirs of Sri Apparao and the petitioner herein also recorded in the revenue record as possessor of the subject land. It is also made clear that if there are any disputes between the petitioner and the 6. 7 K unofficial respondents regarding possession and ownership of the subject land, they shall resolve their disputes by invoking appropriate proceedings under the common law remedies or before the authority concerned. However, if the respondents intend to meddle or interfere with the peaceful possession and enjoyment of the subject property of the petitioner, they shall follow due Without observing the same, the respondents shall not process of law. interfere with the peaceful possession and enjoyment of the subject property of the petitioner. With the above observations, the writ petition is disposed of. There shall 7. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary Revenue Department, Secretariat Building, Amaravathi,Guntur District. 2. The District Collector, Collectorate, Anakapalli Anakapalli District. 3. Revenue Divisional Officer, Narsipatnam, Anakapalli District. 4. The Tahsildar, Madugula Mandal, Anakapalli District. 5. Station House Officer, Madugula Mandal, Anakapalli District. One CC to SRI. INAPURAPU SURYANARAYANA Advocate [OPUC] Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. THREE CD Copies. 6. 7. AL i HIGH COURT DATED:30/06/2025 ORDER WP NO. 14895 OF 2025 18 JUL 2025 rrent DISPOSING OF THE W.P. WITHOUT COSTS