APHC010317392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16134 OF 2025 Between: Oodepogu Yohan, S/o Issaku, Age 50 years, Occ; Agriculture, R/o H.No.1- 150, Tellapadu Village, Kalasapadu Mandal, YSR Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, YSR Kadapa District. 3. The Revenue Divisional Officer, Badvel, YSR Kadapa District. 4. The Tahsildar, Kalasapadu Mandal, YSR Kadapa 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 order or direction more particularly one in the nature Writ of Mandamus declaring the action of the respondents in changing the classification of the land to an extent of Ac. 1.28 cents in Sy. No. 194 situated at Tellapadu village, Kalasapadu Mandal, YSR District from A.W Government to Burial ground contrary to the Grampanchayat resolution passed 05.03.2025 is illegal, arbitrary and in violation of Article 14, 21 and 300A of on Constitution of India and the 4th Respondent in trying to dispossess the petitioner from the land to an extent of Ac.0.40 cents in Sy. No. 194 situated at Tellapadu village, Kalasapadu Mandal, YSR District is illegal, arbitrary and in viotatien p^rjncipal of natural Justice and consequently direct the Respondents to "^sf^^the land to an extent of Ac.0.40 cents in Sy.No.194 situated at Telfapadu village, Kalasapadu Mandal, YSR District in favour of the petitioner and further direct the 4th Respondent not to dispossess the petitioner from the land to an extent of Ac.0.40 cents in Sy. No. 194 situated at Tellapadu village, Kalasapadu Mandal, YSR District without following the due process of law. 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 to and their subordinates not to interfere with the direct the 4‘'' respondent agricultural operations in the petitioners land to an extent of Ac. 0.40 cents in 194 situated at Tellapadu Village, Kalasapadu Mandal, YSR District, Sy. No. pending disposal of the present Writ Petition. Counsel for the Petitioner; SRI CHENNA REDDY. K Counsel for the Respondents; GP FOR REVENUE The Court made the following order; APHC010317392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] m MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16134/2025 Between: 1.00DEP0GU YOHAN, S/0 ISSAKU, AGE 50 YEARS, OCC AGRICULTURE, R/0 H.NO.1-150, TELLAPADU VILLAGE, KALASAPADU MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR KADAPA DISTRICT. 4.THE TAHSILDAR, KALASAPADU MANDAL, YSR KADAPA 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 topleased to issue an order or direction more particularly one in the nature Writ of Mandamus declaring the action of the respondents in changing the classification of the land to an extent of Ac.1.28 cents in Sy. No.194 situated at Tellapadu village, Kalasapadu Mandal, YSR District from A.W Government to Burial ground contrary to the Grampanchayat resolution passed on 05.03.2025 is illegal, arbitrary and in violation of Article 14, 21 and 300A of Constitution of India and the 4th Respondent in trying to 2 dispossess the petitioner from the land to an extent of Ac.0.40 cents in Sy. No.194 situated at Tellapadu village, Kalasapadu Mandal, YSR District is illegal, arbitrary and in violation principal of natural Justice and consequently direct the Respondents to assign the land to an extent of Ac.0.40 cents in Sy.No.194 situated at Tellapadu village, Kalasapadu Mandal, YSR District in favour of the petitioner and further direct the 4th Respondent not to dispossess the petitioner from the land to an extent of Ac.0.40 cents in Sy. No. 194 situated at Tellapadu village, Kalasapadu Mandal, YSR District without following the due process of law 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 Counsel for the Petitioner; 1 .Chenna Reddy.K Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in changing the classification of the land to an extent of Ac. 1.28 cents in Sy.No.194 situated at Tellapadu village Kalasapadu Mandal YSR District from A W Government to Burial ground contrary to the Gram panchayat resolution passed on 05 03 2025 is illegal arbitrary and in violation of Article 14 21 and 300A of Constitution of India and the 4th Respondent in trying to dispossess the petitioner from the land to an extent of Ac 0 40 cents in Sy.No.194 situated at Tellapadu village Kalasapadu Mandal YSR District is illegal arbitrary and in violation principal of natural Justice and 3 consequently direct the Respondents to assign the land to an extent of Ac 0.40 cents in Sy.No.194 situated at Tellapadu village Kalasapadu Mandal YSR District in favour of the petitioner and further direct the 4th Respondent not to dispossess the petitioner from the land to an extent of Ac 0 40 cents in Sy No 194 situated at Tellapadu village Kalasapadu Mandal YSR District without following the due process of law and pass such other order. ” Heard learned counsel for the petitioner and learned 2. Assistant Government Pleader for Revenue appearing for the respondents. Learned counsel for the petitioner would submit that the petitioner is in possession and enjoyment of the land ad measuring Ac.1.28 Cents situated in Sy.No.194 at Tellapadu Village, Kalasapadu Mandal, YSR District. He would submit that the said tand is classified as Government Land and assessed as 3. waste land, as such, the petitioner has been in enjoyment of the subject property. While so, pursuant to the resolution of the Gram Panchayat, the nature of the petitioner’s land was proposed to change from Government land to community land i.e., for the purpose of Burial Ground. He would submit that the change of nature of land is proposed by respondent No.4 by submitting a report to respondent No.3 for passing appropriate 4 orders is contrary to law. Challenging the same, the present Writ Petition. 4. Learned Assistant Government Pleader for Revenue furnished Written Instructions dated 05.07.2025 wherein it is stated that as per RSR, the subject land was classified as Dotted land, as per Manual Adangal, the subject land was also entered as AW and as per the list of prohibited properties, the subject land is not an assigned land. He would submit that the petitioner is not having any rights whatsoever in the subject land and he is only an encroacher. It is true that as per the revenue records, the subject land was notified as Assessed Waste Government Land. But due to the resolution of the Gram Panchayat, respondent No.4 considered and recommended/ forwarded to respondent No.3 for appropriate orders, in accordance with law. 5. Considering the submissions of learned counsel for the petitioner, learned Assistant Government Pleader and on perusal of the material available on record, it is observed that originally the land in Sy.No.194 was classified as Assessed Waste/Government Land. For changing the nature of land, the authorities are empowered to do so, by following the due 3 procedure as contemplated. While exercising their power for change of nature of land, if anyone found as enjoyer or in possession of the subject property, their rights should be considered, by following due process, as contemplated under the law. As the petitioner is claiming possession over the subject land and the same was admitted by respondent No.4 in his report dated 21.05.2025, the respondent No.3 shall adjudicate the rights of the petitioner while considering the report of respondent No.4. 6. Accordingly, the petitioner herein is directed to submit his objections/representation to respondent No.3 within a period of two (02) weeks from the date of receipt of a copy of this order and after such submission, respondent No.3 shall consider and pass appropriate orders in accordance with law, within a period of two (02) months thereafter. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 8. Till such time, both the parties are directed to maintain Status Quo obtaining as on today. 6 As a sequel, interlocutory applications, if any, pending shall stand closed. Sd/-N. NAGAMMA assistant registrar //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary to Government, Revenue Department Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, YSR Kadapa District. The Revenue Divisional Officer, Badvel, YSR Kadapa District. The Tahsildar, Kalasapadu Mandal, YSR Kadapa District. One CC to Sri Chenna Reddy.K Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. TF HIGH COURT DATED.07/07/2025 ORDER WPNO. 16134 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS