APHC010342872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17135 OF 2025 Between: I' 1. G. Girijamma, W/o. G. Venu Gopal, (Plot No.1) Aged about 42 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 2. M. Aparna, W/o. M, Venju Gopal, (Plot No.2) Aged about 48 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District 3. G. Alivelu Mangamma, (Plot No.3) W/o. late G. Venkata ramana. Aged about 46 years, Occ: Daily labour worker, R/o, B.K.Palle, Madanapalli, Annamayya District 4. G. Radha, W/o. G. Srinivasulu, (Plot No.4) Aged about 45 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District 5. G. Manjula, W/o. late. M. Venkataramana,(Plot No.5) Aged about 50 years, Occ: Daily labour worker. R/o. B.K.Palle, Madanapalli, Annamayya District. 6. T. Saraswati, W/o, T. Muniratnam, (Plot No.6) Aged about 46 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 7. M. Ramadevi, D/o. M. Madhav, (Plot No.7) Aged about 46 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 8. V. Padmavathi, W/o. V.Ramana, (Plot No.8) Aged about 44 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 9, Y. Deepa, W/o. Y. Harinath, (Plot No.9) Aged about 40 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 7' 10. Musalikunta Rajarnma, W/o. M. Ramaiah, (Plot No.1^);: Aged about 69 years, Occ: Daily labour worker, ■" R/o. B.K.Palle, Madanapalli, Annamayya Dislrict. ) O' i % k 11. M. Bujjamma, W/o. M. Krishnaiah, (Plot No.13) Aged about 59 years, Occ; Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 12. M. Sudhakar, S/o. M. Reddeppa, (Plot No.14) Aged about 46 years, Occ; Coolie, R/o. B.K.Palle, Madanapalli, Annamayya District. 13. T.Srinivasulu, S/o. T. Mareppa, (Plot No.15) Aged about 42 years, Occ: Coolie, R/o. B.K.Palle, Madanapalli, Annamayya District. 14. G. Dhanamma, W/o. G. Venkatesh, (Plot No.22) Aged about 55 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 15. C. Subbalakshmi, W/o. C. Rama Murthi, (Plot No.27) Aged about 46 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 16, M.Rangamma, W/o. M. Ramakrishna, (Plot No.28) Aged about 50 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 17. T. Lakshmamma, W/o. T.Bayanna, (Plot No.29) Aged about 75 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 18. M. Reddemma, W/o. M. Venkataramana, (Plot No.32) Aged about 83 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 19. M. Ramanamma, W/o. M. Nagaiah, (Plot No.33) Aged about 50 years, Occ; Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 20. T. Lakshmi Devi, W/o. T. Srinivasulu, (Plot No.34) Aged about 49 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 21. M. Thulasamma, W/o. M. Reddeppa, (Plot No.36) Aged about 48 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 22. T. Lakshmammai, W/o. T. Peddenna, (Plot No.37) Aged about 80 years, Occ; Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 23. M. Renukamma, W/o. M. Rangappa, (Plot No.38) Aged about 52 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 24. V. Lakshmi Devi, W/o. V. Ramanjulu, (Plot No.39) Aged about 44 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 25. L. Narasamma, W/o. L. Ramana, (Plot No.40) Aged about 52 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 26. K. Ananthamma, W/o. K. Veeranarayana, (Plot No.41) Aged about 50 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. 27. 0. Neelima, W/o. C.Reddeppa, (Plot No.42) Aged about 48 years, Occ: Daily labour worker, R/o. B.K.Palle, Madanapalli, Annamayya District. ) ■ Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Rayachoty, Annamayya District. 3. The Revenue Divisional Officer/Sub Collector, Madanapalle, Annamayya District. 4. The Tahasildar, Madanapalle Mandal, Annamayya District. 5. K. Mailikarjun Naidu, S/o. K.Venkataramana, Aged about 54 years, Occ: Real Estate Cum’ Politician, R/o. Beside Five Star Chicken Road,Reddys Colony, Madanapalli, Annamayya 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents in trying to evict/dispossess the Petitioners from their respective House sites each admeasuring to an extent of Ac.No. 0.02 1/2 cents in Sy No. 513 of B.K.Palle Village, Madanapalle Mandal, Annamayya District at the behest and influence of the 5 TH Respondent and without following the procedure under law as wholly arbitrary, illegal, without jurisdiction ad void and violated the principles of natural justice and affected my rights guaranteed under Articles 14, 15, (9). 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with possession ad enjoyment of the petitioners from their respective House sites each admeasuring to an extent of ac.No.0.02 V2 cents in SyNo.513 to each of B.K.Palle Village, Madanapalle Mandal, Annamayya District. 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 direct the Respondents not to interfere with possession and enjoyment of the petitioners from their respective House sites each admeasuring to an extent of Ac. No. 0.02 72 cents in Sy No. 513 to each of B.K.Palle Village, Madanapalle Mandal, Annamayya District forthwith pending disposal of the above writ petition. Counsel for the Petitioners: SRI VELIVELA VEERARAGHAVAIAH Counsel for the Respondents N0.I to 4: GP FOR REVENUE The Court made the following order: ;:1:: APHC010342872025 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: 17135/2025 Between: 1.G. GIRIJAMMA, , W/0. G. VENU GOPAL, (PLOT N0.1) AGED ABOUT 42 YEARS, OCC DAILY LABOUR MADANAPALLI, B.K.PALLE, R/0. WORKER, ANNAMAYYA DISTRICT. 2.M. APARNA,, W/O. M. VENJU GOPAL, (PLOT N0.2) AGED ABOUT 48 YEARS, OCC DAILY LABOUR MADANAPALLI, B.K.PALLE R/0. WORKER, ANNAMAYYA DISTRICT. 3.G. ALIVELU MANGAMMA,, (PLOT NO.3) W/O. LATE G. VENKATA RAMANA. AGED ABOUT 46 YEARS, OCC R/0. B.K.PALLE, DAILY LABOUR WORKER, MADANAPALLI, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS REVENUE DEPARTMENT, PRINCIPAL SECRETARY, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. ::2:: o: %V- 2.THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER/SUB COLLECTOR MADANAPALLE, ANNAMAYYA DISTRICT. 4. THE TAHASILDAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. 5.K MALLIKARJUN NAIDU, , S/0. K.VENKATARAMANA, AGED ABOUT 54 YEARS, OCC REAL ESTATE CUM POLITICIAN ROAD,REDDYS COLONY, MADANAPALLI, ANNAMAYYA DISTRICT. R/0. BESIDE FIVE STAR CHICKEN ...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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents in trying to evict/dispossess the Petitioners from their respective House sites each admeasuring to an extent of Ac.No. 0.02 1/2 cents in Sy No. 513 of B.K.Palle Village, Madanapalle Mandal, Annamayya District at the behest and influence of the 5 TH Respondent and without following the procedure under law as wholly arbitrary, illegal, Counsel for the Petitioner(S): 1. VELIVELA VEERARAGHAVAIAH Counsel for the Respondent(S): 1.GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17135/2025 This Court made the following 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 more particularly one the nature of Writ of Mandamus declaring that the action of the Respondents in trying to evict/dispossess the Petitioners from their respective House sites each admeasuring to an extent of Ac.No. 0.02 1/2 cents in Sy No. 513 of B.K.Palle Village, Madanapalle Mandal, Annamayya District and to pass...” 1. in During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their house sites, without following due process of law. 2. Learned Assistant Government Pleader for Respondents, admitted that the petitioners are in continuous possession of 3. ::4:; subject land and the respondent authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioners submits that the petitioners are all from below poverty line families, and most of the petitioners do not own any other house or land and their families live in temporary huts, rented rooms, or under highly inadequate shelter conditions. Learned counsel for the petitioners submits that recognizing petitioners as houseless poor and suffering with poverty, the Government of Andhra Pradesh, as part of its welfare schemes for the poor, allotted house site pattas to the members of Rajaka welfare committee. That the petitioners herein are also members of the Welfare Committee and house site pattas were granted in Sy.No.513 of B.K. Palle Village. As per directions of the Hon’ble High Court, the Revenue authorities after conducting the detail enquiry and considering the petitioners’ applications for grant of house site pattas and the 4*^ respondent granted residential pata vide RocE No.873/99 (File No.a1748/2001) dated 14.01.2001 to an extent of Ac.0.0272 cents to each of the petitioners in Sy.No.513 of B.K. Palle Village, Madanapalle Mandal, Annamayya District (erstwhile Chittoor ::5:: District) along with plot numbers i.e., out of “Government land” and since then all the petitioners have been in possession and enjoyment of their respective plots without any interruption from anybody including the respondents herein at any point of time in any manner what-so-ever. 5. Learned counsel for the Petitioners further submits that recently, the 5**^ respondent and certain real estate businessmen, who are closely affiliated with ruling party politicians in the locality, have illegally set their eyes on petitioners’ house sites and respondent with his followers have started encroaching, threatening the petitioners, and demanding petitioners to vacate the lands allotted by using their political clout, have influenced the local revenue subordinate officers of the respondent and police officials, and with their active connivance, are attempting to dispossess the petitioners forcibly without issuing any notice, initiating any legal proceedings, or following due process under law. Aggrieved by the action of the respondents, the present writ petition is being filed. ::6;; Learned Assistant Government Pleader for Revenue furnished written instructions dated 09.07.2025 submitted by the 6. 4'^ respondent which reads thus: “4. As per Government Memo No.501SO/Assgn.l(1)/98-1 of the Revenue (Assgn.l) Department dated 02.09.1998, the Hon’ble High Court of A.P., through its orders dated 22.09.1997 in WPMP No.27780/1997 in W.P.No.23829/1997, has explicitly directed the Government not to grant any permission or consent for conversion of tank and tank bed lands for any other use. All District Collectors were instructed to strictly adhere to this direction. 5. Despite the above legal position, the writ petitioners have forcibly constructed houses on the said “Vagu Poramboke land without any assignment or authorization, and in clear violation of Government orders and the directions of the Hon’ble Apex Court regarding water bodies and their protection from alienation. 6. In the light of the above facts, it is evident that the writ petition has been filed by suppressing material facts and with a fide intention to encroach upon Government land by creating fabricated and unauthorized pattas. Without exhausting available remedies or following due process, the petitioners have prematurely approached the Hon'ble High Court in attempt to secure unwarranted relief through misleading representations. Hence the petition is liable to be dismissed at the admission stage itself.” mala an Heard learned counsel for the petitioners and learned Government Pleader for Revenue and perused the material placed on record. It is settled proposition of law that when the petitioners are in settled possession and enjoyment of the property, the 7. Assistant 8. ::7:: respondents are not entitled to interfere with the possession and enjoyment of the petitioners and such highhanded action of the respondents would amount to depriving the petitioners constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners’ possession is illegal, still, the petitioners are required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.\ when the petitioner are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. 9. Therefore, the respondents are directed to conduct a detailed enquiry by affording an opportunity of hearing to the petitioners and determine about the pattas granted in favour of the petitioners are genuine or created one and pass appropriate orders. The above entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of 2004(1) see 769 ::8:: this order. In the meanwhile, status-quo obtaining as on today shall be maintained by ail the concerned. 10. With the above direction, the writ petition is disposed of. with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. PRASADA RAO assistant register //TRUE COPY// SEdTON OFFICER To, 1. The Principal Secretary, Velagapudi, Guntur District. Revenue Department, Secretariat 2. The District Collector, Rayachoty, Annamayya District. 3. The Revenue Divisional Officer/Sub Annamayya District. 4. The Tahasildar, Madanapalle Mandal, Annamayya District. 5. One CC to Sri. Velivela Veeraraghavaiah ,Advocate [OPUC] 6. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT] 7. Two CD Copies VNA Collector, Madanapalle, HIGH COURT DATED:09/07/2025 ORDER WPNO. 17135 OF 2025 ^ 1 8 JUL 2025 Jg ntS«ctioiiX»^ *'5U! DISPOSING OF THE WRIT PETITION WITHOUT COSTS