V. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1164 OF 2021 Between: 1. Kolli Venkatarao, S/o Venkateswarlu, aged about 55 years, Hindu cultivation and R/o Kongapadu Village, l-1/o, Addanki, Addanki Mandal Prakasam District. 2. Koneti Venkateswarlu, S/o Late Yellamanda, aged about 58 Hindu, Cultivation and R/o Damavari Palem, North Addanki, Addanki Mandal, Prakasam District. years ...Petitioners AND 1. The State of Andhra Pradesh, represented by Its Principal Secretary Revenue Department, Secretariat Buildings, Amaravathl. 2. The District Collector, Prakasam District at Ongole. 3. Revenue Divisional Officer (R.D.O.), Prakasam District at Ongole. 4. The Tahslidar, Addanki Mandal, Prakasam District. ...Respondents € Petition under Articie 226 of the Constitution of india praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from the property of an extent of Ac. 0.28 cents in S. No. 2212/1 of North Addanki Village Prakasam District where in a residential asbestos shed and Addanki Mandal, a bunk are existing and threatening to demolish the same and to distribute the same under the state Government scheme Navaratnalu to the without following due process of law house less poor as illegal, arbitrary, irregular, 21 and 300(A) of the consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners of the unreasonable, besides violative of Article 14 Constitution of India and above property lA NO: 2 OF 2091 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 vacate the interim granted on 22.01.2021 in WP.No. 1164/2021 and dismiss the writ petition lA NO: 1 OF 2071 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere with the possession and enjoyment of the petitioners 2212/1 of North Addanki Village, Addanki Mandal a residential asbestos shed and the main Writ Petition over an extent of Ac. 0.28 cents in S. No. Prakasam District where a bunk are existing pending disposal of in ▼ 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 may be pleased to extend the Interim Order Dated: 22.01.2021. passed in I.A. No. 1/2021 in W.P.No.1164/2021 there shall be a direction to the respondents not to dispossess the petitioner without following due process of law. The Hon’ble court may deem fit, proper, and necessary in the Circumstances of the Case. Counsel for the Petltioner(s):SRI. SUBBA RAO KORRAPATI Counsel for the Respondents No.s 1 TO 4 : GP FOR REVENUE The Court made the following: ORDER 1 APHC010015142021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1164/2021 Between; ...PETITIONER(S) Kolli Venkatarao, and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following Order: The grievance of the petitioners is that respondents are insisting them to vacate the subject property ad-measuring Ac.0.28 cents in S.No.2212/1 of North Addanki Village, Addanki Mandal, Prakasam District in order to distribute the same under the State Government Scheme “Navaratnalu” to the house less poor, without following the due process of law. Heard Sri Subbarao Korrapati, learned counsel for the petitioner and Sri J.Krishna Praneeth, learned Assistant Government Pleader for Revenue. 02. 2 Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that, the subject property has been purchased by the petitioners under two independent registered sale deeds dated 10.08.2005 & 14.09.2005 respectively, whereby they erected an asbestos residential shed jointly bearing door No.17-39/8-A which was assessed to house tax vide assessment number 1147009885 and power connection was also obtained to the said property. While so, the respondents’, are highhandedly trying to dispossess them from the subject land in order to distribute the subject property to the land less poor under “Navarathnalu Pedalandarikili illu scheme”. On 22.01.2021, this court was pleased to grant interim order directing the respondents not to dispossess the petitioners from the subject property without following due process of law. Learned counsel for the petitioner submitted that, if the respondent authorities proceed with the distribution of house site pattas with regard to subject land, the petitioners will be put to suffer irreparable loss and hardship. Hence, prayed to pass orders 1 treating the interim orders as final orders. 03. On the other hand, Sri Praneeth, learned Assistant Government Pleader on counter contended that, the subject property belongs to the Government and Resurvey and Resettlement Register (RSR) and adangals have also been filed to the said effect. The petitioners cannot claim the government land as they have no right or title over the subject property. Infact, there are no asbestos shed or bunk in the said land and it is being vacant. Further there is no proposal to distribute the said land under Navaratnalu scheme as alleged by the petitioner. 04, 05. Perused the material available on record and considered the submissions made by both the learned counsel. 06. The petitioners are claiming the subject property by way of registered sale deeds dated 10.08.2005 and 14.09.2005 respectively. A perusal of the "W 3 said registered sale deed shows that the petitioners’ property is situated in Sy.No.99 to an extent of Ac.1.66 cents of North Addanki Village, Addanki Mandal, Prakasam District. As per the contention of the respondents, the land in Survey No.2212 of North Addanki village is classified as ‘dotted’ land (A.W. land) and later the same was sub-divided as Survey Nos.2212/1, 2212/2, 2212/3 and 2212/4. The site in S.Nos.2212/2, 2212/3 and 2212/4 were assigned to landless poor people previously and assignment pattas were also granted for the said survey numbers. But the land in S.No.2212/1 in an extent of Ac.0.28 cents is still vacant and the same is situated on the western side of Addanki-Narkatpalli state highway. As such, the subject land admeasuring Ac.0.28 cents in S.No.2212/1 is exclusively Government land. Further, the land in Sy.No.99 is a patta land whereas the land in S.No.2212/1 is a Government land and they were separated with ridges and their identity is separate. The petitioners intentionally stated that the land of Ac.0.28 cents in Survey No.2212/1 is part and parcel of the land purchased by them in Survey No.99 only with a view to grab Government property. As stated supra, in the sale deed the petitioners land has fallen in Sy.No.99 and in the conversion proceedings it has been mentioned as Sy.No.99/3B and 99/3C. Even otherwise the tax receipts which are filed along with the writ affidavit shows that the petitioners are paying house tax with assessment number 114709885 and also converted the subject land from agriculture purpose to non agriculture purpose by virtue of proceedings dated 28.08.2020 under D.Dis.No.C/1135/2020 and D.Dis.No.C/1136/2020. In the said proceedings the survey number has been shown as 99/3C and 99/3B. The record would reveal that there is dispute with identification of the property. Further, there is no material placed on record to show that, the subject land is not government land. This Court cannot decide whether the property claimed by the petitioners’ and property claimed by the respondents are one and same. The material, prima facie, shows that the petitioners are in 07. 4 possession of the property. In view of the said circumstances, this Court is inclined to dispose of the writ petition by passing the following order: “The respondents are directed not to dispossess the petitioners from the subject property without foilowing due process of law”. Accordingly, the writ petition is disposed of. There shall be no order as to costs”. As a sequel thereto, the miscellaneous applications pending, if any shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// ' SECTION OFFICER To. 1. The State of Andhra Pradesh, represented by Its Principal Secretary Revenue Department, Secretariat Buildings, Amaravathl. 2. The District Collector, Prakasam District at Ongole. 3. Revenue Divisional Officer (R.D.O.), Prakasam District at Ongole. 4. The Tahslidar, Addanki Mandal, Prakasam District. 5. One CC to SRI. SUBBA RAO KORRAPATI Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. OUT 7. Three CD Copies MSST HIGH COURT DATED: 07/01/2025 ORDER WP.No.1164 of 2021 DISPOSING THE WRIT PETITION WITHOUT COSTS