c APHC010018402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1349 OF 7()77 Between: Karikati Brahmaiah, S/o K. Mallaiah, aged about 55 years, Agriculture coolie, R/o. Chennayapalem Village, Kavali Mandal, SPSR Nellore District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahasildar, Mandal Revenue Officer, Kavali, SPSR Nellore District. 5. The Station House Officer, Rural Police Station, Kavali, SPSR Nellore 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 or direction particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with land of an extent of Ac. 1-02 cents of Chennayapalem Revenue Village, Kavali Mandal, SPSR Nellore District, bounded on East; Parri Srivani petitioner situated in Survey No. 399/2-1 with land. West: Ponnathi Nagasiromani and others, South: Yendeti Mallaiah, North; Govt. Land as unjust, arbitrary and illegal besides violation of Article 14, 21 and 300A of the Constitution and consequently direct the respondents not to interfere with the said land ■ petitioner. of India r of 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 interfere with the petitioner's land situated in Survey Number 399/2-1 with an extent of Ac.1-02 cents of Chennayapalem Village, Kavali Mandal, SPSR Nellore District bounded on East: Parri Srivani land. West: Ponnathi Nagasiromani and others; South; Yendeti Mallaiah, North; Govt. Land pending the writ petition. lA 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 be pleased to direct the respondent No.5 / Police not to interfere with the petitioner's land situated in Survey Number 399/2-1 with an extent of Ac.1-02 cents of Chennayapalem Village, Kavali Mandal, SPSR Nellore District bounded East: Parri Srivani land. West: Ponnathi Nagasiromani and others; South: Yendeti Mallaiah, North: Govt, Land pending writ petition. Counsel for the Petitioner: SRI NUTHALAPATI KRISHNA MURTHY Counsel for the Respondent Nos.1 to 4:GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME The Court made the following order: on APHC010018402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] 0^ TUESDAY.THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1349/2022 THE Between: ^ agS™4^cooue, R/0 chennayapalem village, kavali MANDAL, SPSR NELLORE DISTRICT, A.P. s/0 K MALLAIAH, AGED ABOUT 55 YEARS, ...PETITIONER AND PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, 1 THE STATE OF ANDHRA REVENUE SECRETARIAT SECRETARY VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. OFFICER, KAVALI, SPSR NELLORE 2.THE 3.THE REVENUE DIVISIONAL DISTRICT. 4.THE TAHASILDAR, MANDAL REVENUE OFFICER, KAVALI, SPSR NELLORE DISTRICT. 5.THE STATION HOUSE OFFICER, RURAL POLICE STATION, KAVALI, SPSR NELLORE DISTRICT. ...RESPONDENT(S); Counsel for the Petitioner; 1.NUTHALAPATI KRISHNA MURTHY C-* 2 f HBKM,J W.P.No.l349of2022 Counsel for the Respondent(S); 1.GP FOR HOME 2.GP FOR REVENUE \ 3 HBKM,J W.P.No.l349of2022 The Court made the following Order: r Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. This writ petition was filed questioning the action of the respondents in interfering with the land of the petitioner situated in Sy.No.399/2-1 with an extent of Ac. 1.02 cents of Chennayapalem Revenue Village, Kavali Mandal, 2. SPSR Nellore District. The learned counsel for the petitioner submits that the petitioner’s father was assigned the subject land in the year 1991 and ever since he was in possession of the same. The pattadar pass book was also given to his father on 30.05.1995. The father of the petitioner died on 12.05.2014, thereafter, the petitioner continued with the possession of the subject land, but the respondent authorities without following the due procedure, trying to interfere with the possession of the petitioner in respect of the subject land. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4‘^ respondent submits that it is true that the petitioner’s father was assigned an extent of Ac.1.02 cents in Sy.No.399/2-1 of Chennayapalem Village in the year 1991 and he was also issued pattadar pass book and title deed, but the assignee never cultivated the land from the date of grant of patta till the year 1998. Hence, the said land was resumed by the then Tahsildar, Kavali vide proceedings in D.Dis.1572/98 dated 04.12.1998. Thereby, the subject land has become the Assessed Waste Dry 4. 4 1 HBKM,J W.P.No.l349of2022 land. The petitioner is not in possession of the subject land since 04.12.1998 and the claim of the petitioner with respect to the possession is false. After resumption of the land in Sy.No.399/2-1 to an extent of Ac.1.02 cents, D-Form patta was granted for the subject land, including some other lands in favour of Sri Yallasiri Chandra Mohan S/o. Bhaskar Rao vide F.Dis.No.311/1 416 dated 06.03.2007 under Ex-servicemen quota as detailed below. Village Sy.No. Extent in Acs. F.Dis.No. Date Chennayapalem 399-2-1 1.02 311/1416, Dt.06.03.2007 399-2-2 1.02 399-2-3 1.01 399-2-4 1.01 399-2-5 1.01 Total 5.07 5. The said subsequent assignee was shown the said land by fixing the boundaries under khata No.553 by mutating his name in the revenue records. After obtaining D-form patta, the subsequent assignee has reclaimed the subject land and he has been cultivating the said land. The petitioner did pursue with regard to the subject land, after the death of his father, borne out of record that the above said resumption proceedings were assailed at any point of time either by the father of the petitioner or by the petitioner himself, after the death of his father. not It is not 6. In view of the above said facts and circumstances, no relief can be granted in respect of the subject land in favour of the petitioner. Flowever, it is open for the petitioner to make a detailed representation afresh to the \ 5 HBKMJ W.P.No.1349 of 2022 respondent authorities concerned for assignment of land, if he is otherwise eligible under the welfare scheme of the state. If the representation is so made, the same shall be considered on its own merits strictly in accordance with law by the respondent authorities concerned. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. 7. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR s^Tior^^ //TRUE COPY// FICER , -t To, 1. The Principal Sepretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. District Collector, SPSR Nellore District, Nellore. Divisional Officer, Kavali, SPSR Nellore District. Officer, Kavali, SPSR Nellore District. Police Station, Kavali, SPSR Nellore 2. The 3. The Revenue 4. The Tahasildar, Mandal Revenue 5. The Station House Officer, Rural District. 6. One CC to Sri 7. TwoCCsto GP for Home, 8. Two CCs to GP for Revenue 9. Two CD Copies. Nuthalapati Krishna Murthy, Advocate [OPUC] High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh [OUT] ssb j' » HIGH COURT DATED:05/08/2025 ORDER WP No. 1349 OF 2022 X 17 SEP 2025 Current section C9 DISPOSING OF THE W.P. WITHOUT COSTS