APHC010400762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24728 OF 2022 Between: Vemu|la Baby, W/o. late. Vemula Subbarao Hindu, aged about 80 Agriculture, R/o. D.no. 2-78, Rayanapadu Village, Vijayawada Rural Mandal Krishrjg District. (N.T.R.District) years, Occ. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (department 2. The District Collector, Krishna District at Machilipatnam. 3. The Sub-Collector, Vijayawada Krishna District. 4. The Tahsildar, Vijayawada Rural Mandal Vijayawada, Krishna District. 5. The Rayanapadu Gram Panchayat, Rep by its Panchayat secretary Vijayawada Rural Mandal Krishna District. at Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. ...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 more particularly one in the nature of Writ of mandamus declaring the action of the respondents in threatening to dispossess the petitioner from her land adm Ac. Sy.no. 1 of Rayanapadu village Vijayawada Rural Mandal 1.25 cents in Krishna District without following due process of law as illegal, arbitrary, violation of Principles of Natural justice and violation of Article 14 and Article 300-A of the Constitution of India and consequently direct the respondents dispossess the petitioner from her land without following due process of Law in the interest of justice lA NO: 1 OF 2022 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 dispossess the petitioner from her land adm Ac. 1.25 cents in Sy.no.1 of Rayanapadu village Vijayawada Rural Mandal, Krishna district without following due process of law in the interest of justice pending disposal of the Writ Petition lA NO: 2 OF 2022 Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue Department, at Secretariat, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Collector, Krishna District at Machilipatnam. 3. The Sub-Collector, Vijayawada Krishna District. 4. The Tahsildar, Vijayawada Rural Mandal Vijayawada, Krishna District. ...Petitioners/Respondents not to AND 1. Vemula Baby, W/o. late. Vemula Subbarao Hindu, aged about 80 Occ. Agriculture, R/o. D.no. 2-78, Rayanapadu Village, Vijayawada Rural Mandal Krishna District. (N.T.R. District) years. ...Respondents/Petitioners 2. The Rayanapadu Gram Panchayat, Rep by its Panchayat secretary, Vijayawada Rural Mandal Krishna District. ...Respondent/Respondent (Respondent No.2 is not necessary party in this petition) Petition under Section 151 CPC praying that in the circumstances stated in thp affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 16.08.2022 in W.P.No.24728 of 2022 and also dismiss the writ petition Coujlsel for the Petitioner: SRI MOHAMMAD GHALIB SHAHID Couijsel for the Respondents No.1 to 4: GP FOR REVENUE Courysel for the Respondent No.5: SRI YARRAGUNTLA KOTESWARA RAO[ Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gra 11 The (pourt made the following order: APHC010400762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24728/2022 Between: 1.VEMULA BABY, W/0. LATE. VEMULA SUBBARAO HINDU, AGED ABOUT 80 YEARS, OCC. AGRICULTURE, R/0. D.NO. 2- 78 RAYANAPADU VILLAGE VIJAYAWADA RURAL MANDAL KRISHNA DISTRICT. (N.T.R.DISTRICT) ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3.THE SUBCOLLECTOR, VIJAYAWADA KRISHNA DISTRICT. 4.THE TAHSILDAR, VIJAYAWADA RURAL MANDAL VIJAYAWADA, KRISHNA DISTRICT. 5. THE RAYANAPADU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, VIJAYAWADA RURAL MANDAL KRISHNA 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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in threatening to dispossess the petitioner from her land adm Ac. 1.25 cents in Sy.no. 1 of Rayanapadu village Vijayawada Rural Mandal, Krishna District without following due 2 & process of law as illegal, arbitrary, violation of Principles of Natural jpstice and violation of Article 14 and Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from her land without following due process of Law in the interest of justice and pass I NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances sjated in the affidavit filed in support of the petition, the High Court may bb pleased pleased to direct the respondents not to dispossess the petitioner from her land adm Ac. 1.25 cents in Sy.no. 1 of Rayanapadu vijilage Vijayawada Rural mandal, Krishna district without following due process of law in the interest of justice pending disposal of the Writ Petition and pass d NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may b^ pleased pleased to vacate the interim order dated 16.08.2022 in VViP No.24728 of 2022 and also dismiss the writ petition and pass such NO: 1 OF 2023 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 pleased to grant leave to the petitioner herein /respondent nd.5 in WP.No.24728 of 2022 to file counter affidavit in the above writ petition and pass Cbunsel for the Petitioner: 1.MOHAMMAD GHALIB SHAHID Counsel for the Respondent(S): 1.GP FOR REVENUE 2.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayats 3 *4 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned Standing Counsel for the 5*^ respondent. This writ petition was filed questioning the action of the respondent 2. Nos.2 to 5 in trying to dispossess the petitioner from her land in an extent of Ac.1.25 cents in Sy.No.1 of Rayanapadu Village, Vijayawada Rural Mandal Krishna District without following the due process of law. On the other hand, the learned Assistant Government Pleader relying upon the counter of the respondent submits that, as per the RSR, 3. R.S.No.1 of Rayanapadu Village is a government land in an extent of Ac.3.34 cents which was classified as canal and the subject land claimed by the petitioner falls within the said extent. Since, it is a canal as per revenue records, it cannot be alienated, transferred or conferred any ownership under any circumstances. The petitioner is not in possession and she is trying to encroach upon the said land by making false claim. Even if there was any assignment in the name of the father-in-law of the petitioner, the same can be cancelled by the authorities concerned following the due procedure when it is a canal land. Without approaching the authorities concerned, the petitioner straight away filed this writ petition making frivolous allegations. If the petitioner approaches the authorities concerned by way of representation, the same would be considered in accordance with law. 4. In view of the above said facts and ci permitted to make a representation to the of her claim within a period of four (4) weeks from or^er by enclosing all the necessary documents in support of her claim. On retfpipt of the same, the same shall be disposed of strictly in accordance with lavy, by the 4*’ respondent by giving due opportunity Circumstances, the petitioner is respondent Nos.2 to 5 in support the date of receipt of this to all the parties cohcerned including the petitioner and upon verification of the records and the subject land, appropriate decision shall be taken expeditiously as possible, preferably within the/eafter. The respondent Nos.2 to 5 on its own merits as a period of eight (8) weeks are directed to deal with the subject land in an extent of Ac. 1.25 cents i Sy.No.1 of Rayanapadu Village, Vijajiawada Rural Mandal, Krishna District strictly in accordance with law in and any dispossession shall not be made except by following the due procedure if the petitioner is otherwise in possession of the same. 5. Accordingly, this writ petition is disposed of. There shall be as to costs. no order As a sequel, Miscellaneous Petitions pending, if any, shall stand close|d. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh Department, at Secretariat, Velagapudi, Amaravathi 2. the District Collector, Krishna f 3. The Sub-Collector, Vijayawada Krishna Revenue Andhra Pradesh. District At Machilipatnam. j District. 4. The Tahsildar, Vijayawada Rural Mandal Vijayawada 5. The Panchayat Secretary, Rayanapadu Gram Rural Mandal Krishna District. 6. One CC to SRI MOHAMMAD GHALIB SHAHID Advocate [OPUC] 7. Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. One CC to SRI YARRAGUNTLA KOTESWARA RAO, Standing Counsel For Zllla Praja Parlshads, Mandal Praja Parlshads and Gra Advocate [OPUC] 9. Two CD Copies Krishna District. Panchayat, Vijayawada gsg # HIGH COURT DATED: 09/09/2025 ORDER WP NO. 24728 OF 2022 % 5 2 2 SEP 2025 ^ Current Section ^ m O DISPOSING THE WP WITHOUT COSTS