IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36516 OF 2022 Between; 1. Hemalatha W/o K. Kesavaram Pillai, aged about 55 years, R/o H.No.26-57, MC Panyam, Palamair, Chittoor District. 2. K. Subadramma, W/o Late Venkatachalam, aged about 86 years, R/o Jakkidona, Vedurukuppam Mandal, Chittoor District. 3. S. Jayamma, W/o S. Subramanyam, aged about 66 years, R/o Uppatapalli Village, Jakkidona Post, Vedurukuppam Mandal, Chittoor District. ....Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Joint Collector, Chittoor District. 4. The Revenue Divisional Officer -cum- Land Acquisition Officer Vedurukuppam Chittoor, Chittoor District. 5. The Tahsildar, Vedurukuppam Mandal, Chittoor District. \ 6. The Executive Eingneer, Roads & Buildings, Madanapalli Division, Chittoor District'. ...Respondents P.Chandraseldiar Reddy, S/o Late Raghunadha Reddy, Aged about 56 years, Occ Cultivation, R/o Munireddygarivooru, Vedurukuppam Mandal, Chittoor District. B.Ramana Reddy, S/o Late Chinna Venkata Reddy, Aged about years, Occ Cultivation, R/o Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. RSuneetha, W/o Chandrasekhar Reddy, Aged about 47 years, Occ Cultivation, R/o Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. S.Sidda Reddy, S/o Chimia Gangi Reddy, Aged about 67 years, Occ Cultivation, R/o Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. T.Krishnaiah, S/o Late Thimmaiah, Aged 67 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. T.Sambaiah, S/o Late Thimmaiah, Aged about 62 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. D.Anitha Reddy, D/o Late Mohan Reddy, Aged about 35 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. S. Bojja Reddy, S/o Late Chengal Reddy, Aged about 62 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. S.Raghunadha Reddy, S/o Late Venkata Reddy, Aged 61 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. G.Srinivasulu, S/o G.Siddaiah, Aged about 42 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. M.Chandana W/o Sankar Reddy, Aged about 45 years, presently resident of Tirupathi, Chittoor District. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. T.Venkata Reddy, S/o Late Jayaraini Reddy, Aged about 46 years, Occ Cultivation, R/o Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. Y.Dayasagar Reddy, S/o Guruswamy Reddy, aged about 35 years, Occ Cultivation, R/o Polakalavaiipalle Village, Vedurukuppam Mandal, Chittoor District. 19. RSindura, W/o Dileep, Aged about 35 years, Occ Cultivation, R/o Kongareddipalle Village, Chittoor District. G.Swamalatha, W/o Chittibabu, Aged about 36 years, Occ Cultivation, R/o Gadhanki, Pakala Mandal, now Tirupathi District. 20. 21. 22. P.Sujatha, W/o Balasubramanyam, Aged about 58 years, Occ Cultivation, R/o Munireddygarivooru , Vedurukuppam Mandal, Chittoor District. 23. T.Mohan, S/o T.Siddaiah, Aged about 33 years, Occ Cultivation, Polakalavaaripalle Village, Vedurukuppam Mandal, Chittoor District. 24. G.Jayamma, W/o Late Nagaiah, Aged about 59 years, Occ Cultivation, Jakkadona Village, Vedurukuppam Mandal, Chittoor District. ...RESPONDENTS (Respondent Nos.7 to 24 are impleaded as per the Court’s Order dated 30.01.2025 In IA.No.01 of 2023 in Writ Petition and Affidavti.) 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 the action of the respondent No. in trying to dispossess the petitioners from their agriculture land in Sy.No.664/2E to an extent of Ac.0.99 cents, Sy.No.664/2 to an extent of Ac.0.99 y2 cents, Sy.No.663-3 to an extent of Ac.0.12 cents and Sy.No.664-1A to an extent of Ac.0.84 cents situated at Jakkadona Village, Vedurukuppam Mandal, Chittoor District, without issuing any notice to the petitioners and without following the due process of law, without paying compensation to the petitioners, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-A of the Constitution of India, apart from violation of Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondent No.2 to 6 not to lay the road in respect of the petitioners' agriculture land in Sy.No.664/2E to an extent of Ac.0.99 cents, Sy.No.664/2 to an extent of Ac.0.99 y cents, Sy.No.663-3 to an extent of Ac.0.12 cents and Sy.No.664- 1A to an extent of Ac.0.84 cents situated at Jakkadona Village, Vedurukuppam Mandal, Chittoor District. 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 respondent Nos.2 to 6 not to lay the road in respect of the petitioners' agriculture land in Sy.No.664/2E to an extent of Ac.0.99 cents, Sy.No.664/2 to an extent of Ac.0.9914 cents, Sy.No.663-3 to an extent of Ac.0.12 cents and Sy.No.664-1A to an extent of Ac.0.84 cents situated at Jakkadona Village, Vedurukuppam Mandal, Chittoor District, by directing the respondents No.2 to 6 not to dispossess the petitioners from their above agriculture pending disposal of the above Writ Petition. lA NO: 2 OF 2023 Between: y.Chandraselchar Reddy, S/o. Late Raghunadha Reddy, aged about 56 years, Occ; Cultivation, R/o. Munireddygariooru, Vedurukuppam Mandal Chittoor District. 2.B.Ramana Reddy, S/o. Late Chinna Venkata Reddy, aged about years, Occ; Cultivation, R/o. Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. S.P.Suneetha, W/o. Chandrasekhar Reddy aged about 47 years, Occ: Cultivation, R/o. Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. 4.S.Sidda Reddy, S/o.Chinna Gangi Reddy, aged about 67 years, Occ: Cultivation, R/o. Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. 5.T.Krishnaiah, S/o. Late Thimmaiah, aged 67 years, Occ: Cultivation, R/o.Polakalavaripalle Viilage, Vedurukuppam Mandal, Chittoor District. 6.T.Sambaiah, S/o.Late Thimmaiah, aged about 62 years, Occ: Cultivation, R/o.Polakalavaripalle Village, Vedurukuppa Mandal, Chittoor District. 7.D.Anitha Reddy, D/o. Late Mohan Reddy aged about 35 years, Occ: Cultivation, R/o.Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. m .2.^ S.S.Bojja Reddy, S/o.Late Chengal Reddy, aged about 62 years, Occ: Cultivation, R/o.Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. 9.S.Raghunadha Reddy, S/o. Late Venkata Reddy, aged 61 years, Occ: Cultivation, R/o.Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. lO.G.Srinivasulu, S/o. G.Siddaiah, aged about 42 years, Occ: Cultivation, R/o.Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor District. / 1 l.R.Chandana, W/o. Sankar Reddy, aged about 45 years, presently resident of Tirupathi, Chittoor District. 12.T.Venkata Reddy, S/o. Late Jayarami Reddy, aged about 46 years, Occ: Cultivation, R/o.Gantavaripalle Village, Vedurukuppam Mandal, Chittoor District. IS.Y.Dayasagar Reddy, S/o.Guruswamy Reddy, aged about 35 years, Occ: Cultivation, R/o. Munireddygariooru Village, Vedurukuppam Mandal, Chittoor District. M.P.Sindura, W/o.Dileep, aged about 35 years, Occ: Cultivation, R/o.Kongareddipalle Village, Chittoor District. 15.G.Swarnalatha, W/o.Chittibabu, Aged about 36 years, Occ: Cultivation, R/o.Gadhanki, Pakala Mandal, now Tirupathi District. 16.P.Sujatha, W/o.Balasubramanyam, aged about 58 years, Occ: Cultivation, Munireddygarivooru, Vedurukuppam Mandal, Chittoor District. 3 -3- n.T.Mohan, S/o.T.Siddaiah, aged about 33 years, Oee: Cultivation, Polakalavaripalle Village, Vedurukuppam Mandal, Chittoor Distriet. 18.G;Jayamma, W/o. Late Nagaiah, aged about 59 years, Occ: Cultivation, Jakkadona Village, Vedurukuppam Mandal, Chittoor Distriet. ...Petitioners/ Respondents 7 to 24 And l.Hemalatha, W/o.K.Kesavaram Pillai, aged about 55 years, R/o. H.No.26-57, M.C. Panyam, Palamair, Chittoor District. 2.K.Subadramma, W/o.Late Venkatachalam, aged about 86 years, R/o.Jakkidona, Vedurukuppam Mandal, Chittoor District. 3. S.Jayamma, W/o.Subramanyam, aged about 66 years, R/o.Upparapalli Village, Jakkidona Post, Vedurukuppam Mandal, Chittoor District. / .... Writ Petitioners/ Respondents 1 to 3 4.The State of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue Depatartment,Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. The District Collector, Chittoor, Chittoor District. 6.The Joint Collector, Chittoor, Chittoor District. 7. The Revenue Divisional Officer- Cum-Land Acquisition Officer, Vedurukuppam, Chittoor District. / 8. The Tahsildar, Vedurukuppam Mandal, Chittoor District. -4- ‘ 9.The Executive Engineer, Roads & Buildings, Madanapalli Division, Chittoor District. Respondents 4 to 9/ Respondents 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 order dated 10.11.2022 made in W.P.No. 36516 of 2022. lA NO: 3 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 to vacate the interim orders dated.10.11.2022 in lA No.1 of 2022 in WP No.36516 of 2022 and dismiss the Writ Petition. Counsel for the Petitioner: SRI PASAPALA SUDHAKAR REDDY Counsel for the Respondent Nos,1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI KRISHNA PRANEETH, ASST.GP FOR PANCHAYAT RAJ & RURALDEVELOPMENT Counsel for the Respondent Nos.7 to 24: SRI S.V.MUNI REDDY The Court made the following: ORDER / APHC010607832022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] eil THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36516/2022 Between: Hemalatha and others ...PETITIONER(S) AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION The Court made the following order: The short grievance of the petitioners is that, without issuing notice, without following the due process of law and without paying compensation to the petitioners, the respondent authorities are trying to dispossess them from their agricultural lands to an extent of Ac.0.99 cents in survey No.664/2E, an extent of Ac.0.99y2 cents in Sy.No.664/2, an extent of Ac.0.12 cents in 2 'SI. sy.No.663/3 and Ac.0.84 cents in survey No.664/1A of Jakkadona village, Vedurukuppam Mandal, Chittoor District. 2. Heard Sri Pasapala Sudhakar Reddy, learned counsel for the petitioners, Sri Krishna Praneeth, learned Assistant Government Pleader appearing for official respondents and Sri S.V.Muni Reddy, learned counsel for unofficial respondents. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, the petitioners are the owners and possessors of the subject property and the revenue authorities have issued pattadar pass books in their favour. He further submitted that without issuing any notice to the petitioners and without following the provisions of Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013, respondent Nos.2 to 6 are trying to lay the road in their agricultural lands. Several representations were made by the petitioners to that effect and on 26.10.2022 the petitioner Nos.1 and 2 made a representation to respondent No.5 with a request not to dispossess them from their respective agricultural lands, but the respondent authorities have not consider their representation. He further submitted that on 01.11.2022, the son of petitioner No.3 made Spandana application to the authorities, but respondent Nos.2 to 6 are interfering into the land of petitioner No.3 and tried to dispossess her from her subject land. As such, prayed to pass appropriate orders protecting the interest of the petitioners. 3 On the other hand, learned Assistant Government Pleader while 4. reiterating the averments of the counter affidavit of respondent No.5 contended that as per A-Register of Jakkidona village, the land to an extent of Ac.4.02 cents in survey No.663 is classified as ‘Government Poramboke (Metha Beedu) i.e.. Grazing Ground Poramboke and an extent of Ac.2.40 cents in survey No.664/1 is classified as ‘Government Dry’ and subsequently recorded as ‘Cheruvu (Tank) and both the lands are highly objectionable in nature. He further submitted that petitioner No.3 has encroached the government land to an extent of Ac.0.12 cents and Ac.0.84 cents in survey Nos.663/3 and 664/1A respectively and laid fencing around the land. He further submitted that petitioner Nos.1 and 2 in active collusion with petitioner No.3 are trying to knock away the valuable government lands and have filed this Writ Petition before this Court with unclean hands. The unofficial respondents have filed several spandana applications before the District Collector requesting to provide pathway to their agricultural lands situated in survey Nos.665 and 668 by eviction of encroachments in survey Nos.663/1 and 664/1 situated in Jakkidona village. He further submitted that the said lands were surveyed by the Mandal Surveyor and Village Surveyor and no steps were taken to interfere or dispossess the settlement patta lands of petitioner Nos.1 and 2 in survey No.664/2 and there is no proposal to lay road/pathway in survey No.664/2. He further submitted that action will be taken for eviction of encroachment in Government Poramboke in survey 4 ^ ■ No.664/1 and 663/3 in accordance with law and the authorities have already issued notice to petitioner No.3 invoking the provisions of Andhra Pradesh Land Encroachment Act. As such, prayed to dismiss the Writ Petition. 5. Sri S.V.Muni Reddy, learned counsel for unofficial respondents while reiterating the averments in the counter affidavit contended that the lands to an extent of Ac.0.12 cents in survey No.663/3 and Ac.0.84 cents in survey N0.664/1A of Jakkadona village are Government Poramboke lands and the villagers including the unofficial respondents used the said lands as pathway to reach their agricultural lands and except the said pathway, there is no other pathway to the unofficial respondents to reach their agricultural lands. The writ petitioners, without having right, title and interest over the lands, are attempting to grab the subject lands in order to get wrongful gain. He further submitted that the unofficial respondents have made several representations to the revenue authorities and brought to their notice about the fraud played by the writ petitioners. Recently, the writ petitioners are taking steps not to allow the villagers to reach to their agricultural lands, as such, they are unable to take their cattle to the fields and the students are also unable to go to school. In these circumstances, no indulgence need be shown on the petitioners and prayed to dismiss the Writ Petition. . 6. Perused the record and considered the submissions made by learned counsel for the parties. . 5 f It is the case of the petitioners that without issuing notice and without 7. following the due process of law, the respondent authorities are trying to dispossess them from their agricultural lands. In the counter affidavit of respondent No.5, the Tahsildar has categorically stated that the revenue authorities have not interfered with the settlement patta lands of petitioner Nos.1 and 2 in survey No.664/2 and there is no proposal to lay road in that land and in so far as the land of petitioner No.3 is concerned the land situated in survey Nos.663 and 664/1 is classified as Government Poramboke and pursuant to the filing of counter, the authorities, by invoking Section 7 of the Andhra Pradesh Land Encroachment Act, has issued notice to petitioner No.3. Taking the submissions of learned counsel for the parties and the counter affidavit of respondent No.5 into consideration, as the revenue 8. authorities have not interfered with the possession of petitioner Nos.1 and 2 over their property and the authorities have already set the law into motion against petitioner No.3, there is no purpose in deciding the issue on merits. Further this Court, under Article 226 of the Constitution of India, cannot go into the other aspects of the issue and it is for the authorities to take steps in accordance with law. Hence, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition by passing the following order: The respondent authorities are directed not to dispossess petitioner No.3 from the lands admeasuring Ac.0.12 cents in survey 6 No.663/3 and Ac.0.84 cents in survey No.664/1A situated at Jakkadona village, Vedurukuppam Mandal, Chittoor District under due process of law.” except 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector, Chittoor, Chittoor District. The Joint Collector, Chittoor District. The Revenue Divisional Officer cum Land Acquisition Officer, Vedurukuppam Chittoor, Chittoor District. The Tahsildar, Vedurukuppam Mandal, Chittoor District. The Executive Engineer, Roads and Buildings, Madanapalli Division, Chittoor District. One CC to Sri Pasapala Sudhakar Reddy, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] One CC to Sri S.V.Muni Reddy, Advocate. [OPUC] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. HIGH COURT DATED:30/01/2025 ORDER WP.No.36516 of 2022 of g 12 MAR 2fl25 g) Curreiu aecuon DISPOSING OF THE WRIT PETITION WITHOUT COSTS