APHC010338752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17017/2025 Between: 1. GADABARI POTHURAJU ALIAS PRABHU DAS, S/O. GADIBARI YELLAYYA, AGED ABOUT 77 YEARS, R/O. D. NO. 0-0, DOWNURU POST, KOYYUM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH-531116. 2. KORRA BEMARAJU,, S / O. KORRA RAMAKRISHNA AGED ABOUT 52 YEARS, R/O. D. NO.0-0,IEDURUBAYALU, GHOWDUPALLI POST, CHINTAPALLI, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH- 531111. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, , PADERU, VISKAHAPATNAM DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, CHINTHAPALLI MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 2 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 a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in interfering with the lands of the petitioners situated at Survey No. 108-3, admeasuring to an extent of Ac.0.12 cents each to an extent of Ac.0.7 cents and Ac.0.5 cents situated in Antharla Village, Chinthapalli Mandal, Visakhapatnam District without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon ble Apex court in the case of Rame Gowda V/S M Varadappa Naidu Citation 2003 Law Suit(SC) 1248 and consequently direct the respondent authorities not to interfere with peaceful possession of the property of the petitioners situated in Survey No. 108-3, admeasuring to an extent of Ac.0.12 cents each to an extent of Ac.0.7 cents and Ac.0.5 cents situated in Antharla Village, Chinthapalli Mandal, Visakhapatnam District and pass such IA 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 the respondent authorities not to interfere over the peaceful possession of the petitioners lands at situated in Survey No. 108- 3, admeasuring to an extent of Ac.0.12 cents each to an extent of Ac.0.7 cents and Ac.0.5 cents situated in Antharla Village, Chinthapalli Mandal, Viscikhapatnam District, duly breeiking open the lock and to follow the due process of law and pass order or orders in accordance with law, pending disposal of the writ petition may deem fit and proper in the circumstances of the case Counsel for the Petitioner(S): 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17017 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: - “To issue a Writ, Order or direction particularly one in the nature of writ of Mandamus declaring the action of respondent authorities in interfering with the lands of the petitioners situated at Survey No. 108-3 admeasuring to an extent of Ac.0.12 cents each to an extent of Ac.0.07 cents and Ac.0.05 cents situated in Antharla Village, Chinthapalli Mandal, Visakhapatnam District without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Hon’ble Apex court in the case of Rame Gowda V/S M.Varadappa Naidu Citation and consequently direct the respondent authorities not to interfere with peaceful possession of the subject property of the petitioners and pass such other order” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners acquired the subject property an extent of Ac.0.12 cents in Sy.No.108-3 situated in Antharala village, Chinthapalli Mandal through an unregistered settlement deed from their vendor, who acquired the property through assignment DKT patta in the year 1998. While so, in the subject land children home namely ‘Lenie’ is being run by the lessee of the petitioners. The respondent authorities are trying to interfere with the rights of the property of the petitioners without following due process of law. 4 4. On the other hand, the learned Assistant Government Pleader for the respondents furnished written instructions of 4th respondent dated 09.07.2025, wherein it is stated as follows: I further submit Sri Gadabari Pothuraju @ Prabhudas never cultivated in the above said land. Further he gave the above said land to a 3rd party who is running Lenni Children Home illegal without any permission from the required authorities. I further submit that a sudden inspection by the Tahsildar of Chintapalli mandal, Circle Inspector of Chintapalli Mandal, ATWO of Chintapalli Mandal and ICDS P.O. of A.S.R District revailed that Lenni Children Home is running unlawfully i.e., the Lennin Children home gave shelter to children from class 1 to Intermediate for both the genders without any separate rooms and a common washroom that too without any supervisor. I submit that, under the POT Act (Telangana/Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977), D.Patta (assigned) land is non-alienable by anyone – it cannot be sold, gifted, leased, mortgaged, exchanged, or otherwise transferred. Any person who engages in such transfer or acquisition is guilty of an offence under Section 7 of the Act and is liable to criminal prosecution. 5 5. The learned Assistant Government Pleader further submits that the children home, which is running at subject land is illegal, without there being any permission and the organisers are running the same contrary to the basic rules. 6. Considering the submissions made by both the learned counsel and on perusal of the written instructions of 4th respondent, it is observed that the petitioners herein said to have been acquired the subject property through an unregistered sale deed which was not regularized by the competent authority. Further the vendor of the petitioners is a DKT patta holder, who was not entitled for transfer of the subject property in favour of the third parties including petitioners as per Section 4 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. Therefore, it seems that the entire transaction between the petitioners and their vendor is a void transaction. As per the written instructions, it is observed that the lessee of the petitioners is running the children home at the subject land without there being any permission as required. Therefore, such an illegal- activities cannot be permitted at the cost of children. Therefore, the respondents 2 to 4 herein are directed to take action and proceed further in accordance with law by observing the principles of natural justice and due process as contemplated. The entire exercise should be completed within a period of three months from the date of receipt of copy of this order. 6 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J DDtt:: 0099..0077..22002255 sj 7 292 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17017 of 2025 09.07.2025 ssjj