IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE SEVENTH DAY OF JANUARY^^ TWO THOUSAND AND TWENTY FIVE a: A O PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA t WRIT PETITION NO: 22000 OF 2020 r' Between: 1. K.Sri Ramulu, S/o. Peddamadavaiah Achari Aged 45 Years, Occ: Agriculture, R/o. B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District. B.Ramudu, S/o Late Thimmappa Aged 50 Years, Occ Agriculture, R/o. Door No 4/420, B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District. Pedda Seelanna, S/o Late K.Eeranna, Aged 48 Years, Occ Agriculture, R/o B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District. I 2. 3. ...Petitioners AND 1. The State of Andhra Pradesh., Represented by its Principal Secretary Revenue Department, A.P. Secretariat, Amravati, Guntur District. The District Collector, Kurnool, Kurnool District. The Revenue Divisional Officer, Adoni, Kurnool District. The Tahsildar, Nandavaram Mandal Kurnool District. 2. 3. 4. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may * % be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 4th respondent trying to dispossess the petitioners from the tinned huts that the petitioners are living situated at survey No 644/3,in an extent of Ac.0.50 cents at B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District illegal, arbitrary and constitutional and in as consequently direct the respondents not to dispossess the petitioners from the tinned huts that the petitioners are living situated at survey No 644/3,in an extent of Ac.0.50 cents at B.C.Colony, Kanakaveedu Village, Nandavaram Mandal District. Kurnool lA NO: 1 OF 2020 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 stay the dispossession of the petitioners form tinned huts the petitioners are living situated at survey No 644/3, in an extent of Ac.0.50 cents at B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District pending disposal of the writ petition. that lA NO: 1 OF 2022 1. The State of Andhra Pradesh., Represented by its Principal Secretary Revenue Department, A.P. Secretariat, Amravati, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Adoni, Kurnool District. 4. The Tahsildar, Nandavaram Mandal Kurnool District. ...Petitioners AND 1. K.Sri Ramulu, S/o. Peddamadavaiah Achari Aged 45 Years, Occ; Agriculture, R/o. B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District. 2. B.Ramudu, S/o Late Thimmappa Aged 50 Years Door No 4/420, B.C.Colony, Kanakaveedu Mandal, Kurnool District. 3. Pedda Seelanna, S/o Late K.Eeranna, Aged 48 Years, Occ Agriculture, R/o B.C.Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District. , Occ Agriculture, R/o. Village, Nandavaram ...Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to vacate the status 22000/2020. may be quo order date 24-11-2020 in WP/ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to alienate Sy.No.644/2 District to the petitioners as per with the market value. Counsel for the Petitioner: SRI. L V S NAGARAJU Counsel for the Respondents: GP FOR REVENUE The Court made the following order: may be an extent of Ac.0.20 cents in in Kanakaveedu Villago, Nandavaram Mandal Kurnool APHC010331572020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22000/2020 Between: ...PETITIONER(S) K Sri Ramulu and Others AND ...RESPONDENT(S) The Stateof Andhra Pradesh and Others Counsel for the Petitioner(S): 1 LVS NAGARAJU Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents. Challenging the action of the respondents in attempting to dispossess the petitioners from, the subject land of Ac.0.50 cents located in Sy.No.644/3, B.C. Colony, Kanakaveedu Village, Nandavaram Mandal, Kurnool District, the instant writ petition is filed. 2. 2 3. It is contended by the petitioners that the petitioners’ grandfather has purchased the subject property through a registered sale deed, dated 26.03.2007. After his death, the petitioners’ father has succeeded to the property by way of inheritance, thereafter the petitioners have succeeded to the same. It is further contended that the subject land is Patta land and the same was never an assigned land, therefore the respondents cannot interfere with the possession of the petitioners without authority of law. 4. The 4*^" respondent -Tahsildar has filed counter-affidavit stating that the petitioners have encroached the land to an extent of Ac.0.20 cents in Sy.No.644/2 and when the petitioners were about to construct a compound wall, the respondents have obstructed the construction. It is also contended by the respondents that the land in Sy.No.644/2 is not a Patta land and the same was acquired by the Government for issuance of house site Pattas for the eligible beneficiaries. 5. The petitioner has filed an application I.A.No.1 of 2024 seeking a direction to the respondents to alienate an extent of Ac.0.20 cents (encroached portion) in Sy.No.644/2 in Kankaveedu Village, Nandavaram Mandal, Kurnool District, in favour of the petitioners on payment of the market value. It is further contended that the petitioner is in occupation of the land, of an extent of Ac.0.20 cents in Sy.No.644/2 for a considerable period. The Learned counsel for the petitioner relies on a decision of this ^ re % W.P.No.2403 of 2019. In the light of the said decision, the Court in petitioners have sought for allotment, on payment of market value, of the land of Ac.0.20 cents said to have been in occupation of the petitioner. Considered the rival submissions. The relief sought by the petitioners in the writ petition is for a direction to the respondents not to dispossess the petitioners from the land in Sy.No.644/3 in an extent of Ac.0.50 cents. By way of a separate application in I.A.No.1 of 2024, the petitioners have sought a direction to alienate the land in their favour, said to have been encroached by them. This Court is of the view that the direction as sought in I.A.No.1 of 2024 cannot be granted under Art.226 of the Constitution of India. However, liberty is given to the petitioners to approach the authorities within a period of four (04) weeks from today by way of an application seeking allotment of the land in Ac.0.20 cents on payment of market value. On such an application is made, the respondents directed to dispose of the same within three (03) months thereafter. It is for the authorities to pass appropriate orders in terms of Board Standing Orders by fixing the terms of alienation, if any, if they consider it appropriate to allot. 6. are 7. With the above observations, the writ petition and the l.A.No.1 of 2024 are disposed of. There shall be no order as to costs. 4 -A. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- N. NAGAMMA ASSISTANT, REGISTRAR //TRUE COPY// N OFFICER SB To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh., A.P. Secretariat, Amravati, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Adoni, Kurnool District. 4. The Tahsildar, Nandavaram Mandal Kurnool District 5. One CC to Sri. L V S Nagaraju Advocate [OPUC] 6. Two CCs to GP For Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:07/01/2025 ORDER WP.No.22000 of 2020 x 17 JAN 2025 ^ . Currenl Seciion DISPOSING OF THE WP WITHOUT COSTS