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High Court of Andhra Pradesh · body

2025 DAILYLAW 37135 (AP)

GUTAM GEORGE v. THE STATE OF ANDHRA PRADESH

WP/36974/2022 · 2025-02-20

Ravi Cheemalapati

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARYI^" | TWO THOUSAND AND TWENTY FIVE o > A 4 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36974 OF 2022 between: 1. Gutam George, S/o. Samsonu, aged 50 years. 2. Yennabathula Vijaya Kurnari, W/o. Chinni Babu, 3. Yennabathula Chitti Babu S/o. Chinni Babu, aged 30 years. 4. Chikile Chandra shekar S/o. Mohan Rao, Aged 43 Years. 5. Nagabathula Nageshwara Rao S/o. Itukalaiah, Aged 60 Years. 6. Nagabathula Praveen Kumar S/o. Nageswara Rao, Aged 29 Years. 7. Chikile Veera Venkata Satyanarayana S/o. Mohan Rao, Aged 40 Years. 8. Mortha Ratnakumari D/o. Rajababu,Aged 38 Years. 9. Nakka Venu Kurnari D/o. Lajar, Aged 35 Years. 10. Pammi Srinivas S/o. DharmaRaju, Aged 35 Years. aged 46 years. 11. Pammi Krishna S/o. DharmaRaju, Aged 40 Years. 12. Nakka Venkateshwarrao S/o. Ganapati Rao, Aged 49 Years. 13. Manukonda Malleswara Rao S/o.. Sriramulu, Aged 39 Years. 14. Manukonda Ananda Rao S/o. Sri Rsanulu, Aged 36 Years. 15. Pammi Subbarao S/o. Chiti Venkanna, Aged 90 Years. 16. Pammi Satyanarayana S/o. Paddallu, Aged 51 Years. 17. Pammi Nageswara Rao, S/o. Venkatreddy, Age 58 Years. 18. Yendla Sampada Rao, S/o. Musalaiah, Aged 60 Years. 19. Pammi Yesu, S/o. Dharma Raju, Aged 35 Years. 20. Palli Ramamohan Rao, S/o. Venkanna, Aged 54 Years. 21. Manukonda Ratna Kumari, S/o. Nagaraju, Aged39 Years. 22. Manukonda Surya Rao, S/o. Pothuraju, Aged 80 Years. 23. Kollu Vijay Kumar, S/o. Venkata Rao, Aged 40 Years. 24. Kollu Lakhmamma, W/o. Venkata Rao, Aged 60 Years. 25. Kollu Ravi Kumar, S/o. Venkat Rao, Aged 36 Years. 26’. Pammi Arjunudu, S/o. Arjunna, Aged 51 Years. 27. Pammi Bhimaraju, S/o. Arjunna, Aged 60 Years. 28. Yadla Nagabhusanam, S/o. Rama Rao, aged 38 years. 29. Yadla Krupavathi, S/o. Vijaya Kumar, aged 30 years. 30. Gootam Sri Ramakrishna, S/o. Krishnamurthy, aged 60 years. 31. Gootam Immanuel, S/o. Samsonu, aged 60 years. 32. Yannabathula Mahalakshmi, S/o. Ramaio'ishna, aged 45 years. 33. Rapaka Verriyya, S/o. Mahalakshmi, aged 75 years. 34. Yannabathula Venkata Rao, S/o. Krishnamurthy, aged 56 years. 35. Yannabathula Mohana Rao, S/o. Yesenu, aged 36y^ears. 36. YannabathulaYesepu, S/o. Kucheludu, aged 60 years. 37. Nakka Lakshmi, S/o. Satyanarayana, aged 34 years. 38. Nagabathula Pushpavathi, S/o. Satyanarayana, aged 60 years. 39. Nagabathula Rajaselchar, S/o. Satyanarayana, aged 34 years. 40. Chikile Saibabu, S/o. Mohana Rao, aged 52 years. 41. Yennapu Vani Kumari, S/o. Raju, aged 39 years. 42. Yallamilli Bhimarao, S/o. Mohana Rao, aged 50 years. 43. Yallamilli Mohana Rao, S/o. Bhimanna, aged 60 years. 44. Yellamilli Ratnam Raju, S/o. Verri3^a, aged 41 years. 45. Peethala Machara3^a, S/o. Bhimanna, aged 60 years. 46. Nakka Baby Vijaya Kumari, S/o. Satyanara3'’ana, aged 45 years. 47. Yannabathula Nagaraju, S/o. Sambamurthy, aged 42 years. 48. Gootam Jeevaratnam, S/o. Narasimha Murthy, aged 48 years. 49. Nagabathula Prasada Rao, S/o. Satyanarayana, aged 35 years. 50. Gootam Lavanya, S/o. Lajer, aged 46 years. 51. Yannabathula Raju, S/o. Venkateswara Rao, aged 40 years. 52. Pammi Venkateswara Rao, S/o. Dhanamurthy, aged 40 years. 53. Pammi Vimala Kumari, S/o. Nageswara Rao, aged 40 years. 54. Bonthu Krishna Murthy, S/o. Pothuraju, aged 70 years. 55. Gootam Hanurnantha Rao, S/o. Venkatapathi, aged 65 years. 56. Gootam Sudharsana Rao, S/o. Venkatapathi, aged 65 years. 57-. Gootam Nagaratnam, W/o. Bhagavanulu, aged 65 yeai'S. 58. Gootam Yesuvaram, S/o. Israyelu, aged 50 years. 59. Gootam Raviraju, S/o. Yesuvaram, aged 25 years. 60. Peethala Vijaya Kumari, W/o. Nagaraju, aged 27 years. 61. Gootam Anantha Rao, S/o. Reddy, aged 62 yeeirs. 62. Gootam Anand Sagar, S/o. Tatalu, aged 85 3^ears. dJ. Nagabathula Prabhudas, S/o. Satyanarayana, aged 48 years. 64. Chikile Rajubabu, S/o. Mohana Rao, aged 29 years. 65. YannabathulaTrimurthulu, S/o. Sambamurthy, aged 35 years. 66. Yannabathula Arjuna Rao, S/o. Venkanna, aged 56 years. 67. vSarella Malleswara Rao, S/o. Bhaskara Rao, aged 42 years. 68. Yannabathula vSanthi Kumari, W/o. Srinivasa Rao, aged 35 years. 69. Yannabathula Suryachandra Rao, S/o. Sambamurthy, aged 48 years. 70. Gootarn Ra.vibabu, S/o. Sri Ramakrishna, aged 27 years. 71. Parnmi Prabhakara Rao, S/o. Bhimaraju, aged 30 years. 72. Pammi Praveen Kumar, S/o. Arjunudu, aged 26 years. 73. Rcipaka Jagan Rao, S/o. Chittibabu, aged 27 years. 74. Gootam Naveen Singh, S/o. Lajer, aged 25 years. 75. Pammi Santhi Priya, W/o. Chittibabu, aged 30 years. 76. Manukonda Mahendra, S/o. Manohar, aged 42 years. 77. Gootam Kaveri, W/o. Kishore Kumar, aged 25 years. 78. Chikile Mohana Rao, S/o. Veera Swamy, aged 75 years. 79. Gootam Nagaraju, S/o. Sudharsan Rao, aged 38 years. 80. Rapaka Srinivasa Rao, S/o. Subrahmanyam, aged 47 years. 81. Pilli Peddiraju, S/o. Venkanna, aged 50 years. 82. Polumuri Ananda Rao, S/.0. Narasimha Rao, aged 46 years. 83. Rapaka Govinda Rao, S/o. Krishna Murthy, aged 46 years. 84. Rep aka Dasu, S/o. China Satyanarayana, aged 32 years. 85. Muthabathula Lakshmi Narayana, S/o. Dharma Raju, aged 52 years. 86, Rapaka Chinni Babulu, S/o. Satyanara3^ana, aged 49 years. 87. Rapaka Chitti Raju, S/o. Satyanarayana, aged 52 years. 88. Muthabathula Satyanarayana, S/'o. Suranna, aged 59 years. 89. Yallamilli Srinu, S/o. Krishnamurthy, aged 44 years. 90. Yallamilli Satyanarayana, S/o. Gangialu, aged 34 years. 91. Muthabathula Dharmaraju, S/o. Surayya, aged 74 years. 92. Yallamelli Chitravathi, W/o. Gangulu, aged 59 years. 93. Manukonda Veera Venkata Satyanarayana, S/o. Venkanna, aged 63 years. 94. Muthabathula Abbulu, S/o. Bethaludu, aged 64 3^ears. 0 95. Palli La.kshmana Rao, S/o. Somanna, aged 56 years. 96. Palli Nagarjuna, S/o. Lakshmana Rao, aged 32 years. 97. Sai-ella Sri Ramulu, S/o. Musalayya, aged 71 years. 98. Sabhiti Pushavathi, W/o. Venkateswara Rao, aged 53 years. 99. Arigeli Satyanarayana, S/o. Narasimha Murthy, aged 69 years. 100. Yellamelli Vasantha Rao, S/o. Venkanna, aged 66 years. 101. Pydi Venkateswara Rao, S/o. Arjanna, aged 70 years. 102. Yallamelli Lakshmamma, W/o. Venkatrao, aged 71 years. 103. Yallamelli China Satyanarayana, S/o. Subbanna, aged 51 years. 104. Yallamelli Peddiraju, S/o. Venkata Rao, aged 46 years. 105. Yallamelli Kishore Kumar, S/o. China Satyanarayana, aged 32 years. 106. Sarella Narayana Murthy, S/o. Musalayya, aged 71 years. 107. Sarella Vijayalakshmi, W/o. Rambabu, aged 36 years. 108. P5^di Nityananda Rao, S/o. Arjanna, aged 73 years. 109. Kona Arun Kumar, S/o. Peddiraju, aged 35 years. 110. Polamuri Baburao, S/o. Narasimha Murthy, aged 48 years. 111. Polamuri Satyanarayana, S/o. Narasimha Murthy, aged 51 years. 112. Sarella Ravikumar, S/o. Narayana Murthy, aged 31 years. 113. Vardanapu Naresh, S/o. Hanumantha Rao, aged 32 3^ears. 114. Rapaka Verramma, W/o. Venkata Reddy, aged 71 years. 115. Rapaka Subbalakshmi, W/o. China Satyanarayana, aged 61 years. 116. Kota Lakhsmana Rao, S/o. Narayana Murthy, aged 61 years. 117. Yallamelli Nagendra, S/o. Nagaraju, aged 25 years. 118. Muthabathula Suryanarayana, S/o. Dharmaraju, aged 45 years. 119. Yallamelli Peda Satyanaryana S/o. Venkanna, aged 59 years. 120. Yallamelli Srinivasa Rao, S/o. Vasantha Rao, aged 35 3^eai-s. 121. Pothurnudi Venkateswara Rao, S/o. Dharmaraju, aged 42 years. 122. Pothurnudi Nageswara Rao, S/o. Dharmai-aju, aged 37 years. 123. Pothumudi Ashok Kumar, S/o. Dharmaraju, aged 30 years. 124. Pothumudi Dharmaraju, S/o. Venkanna, aged 63 years. 125. Yallam.elli Satyanara3^ana, S/o. Apparao, aged 55 years. 126. Muthabathula Dhanalakshmi, W/o. Mahalakshmi, aged 69 years. 127. Muthabathula Manga Devi, W/o. Nagaraju, aged 45 years. 128. Muthabathula Baby Sarojini, W/o. Vijaya Prabhakar, aged 40 3^ears. 129. Muthabathula Veera Venkata Satyanarayana, S/o. Venkanna, aged 54 years. 130. Muthabathula Nagaveni, W/o. Ramakrishna, aged 55 years. 131. Muthabathula Durgabhavani, W/o. Madhubabu, aged 27 years. 132. Palamuri Venkata Ramana, S/o. Satyanarayana, aged 38 years. 133. Medidi Satyanarayana, S/o. Ramamurthy, aged 55 years. 134. Nakka Nageswara Rao, S/o. Reddy, aged 65 years. 135. Yenugupalli Krupa, W/o. Yedukondalu, aged 40 years. 136. Muthabathula Gangabhavani, W/o. Satyanarayana, aged 45 years. 137. Udi Satyavathi, W/o. Raghuvara.ni, aged 60 years. 138. Pothumudi Arjuna Rao, S/o. Venkanna, aged 57 years. 13'9. Pothumudi Venkata Ramana, S/o. Arjuna Rao, aged 34 years. 140. Pothumudi Nakuludu, S/o. Venkanna, siged 50 years. 141. Pydi Venkata Ramarao, S/o. China Arjuna Rao, aged 50 years. 142. Nakka Venkat Reddy, S/o. Nageswara Rao, aged 40 years. 143. Nakka Venkata Ramana, W/o. Nageswara Rao, aged 42 years. 144. Rokkala Bheemarao, S/o. Ramaswamy, aged 60 years. 145. Nagabathula Ananda Rao, S/o. Venkanna, aged 65 years. 146. Pydi Satyauarayana, S/o. China Bheema Rao, aged 55 years. 147. Yenugupalli Nagaraju, S/o. Subbarao, aged 39 years. 148. Yenugupalli Satyavathi, W/o. Subbarao, aged 70 years. 149. Muthabathula Gowramma, W/o. Krishnamurthy, aged 56 years. 150. Pothumudi Ramesh Babu, S/o. China Bheema Rao, aged 40 years. 151. Pydi Krishnamraju Chinna, S/o. Arjuna Rao, aged 40 years. 152. Palamuru Santhosam, S/o. Satyanarayana, aged 45 years. 153. Pothumudi Srinivasa Rao, S/o. Pedda Bheema Rao, aged 41 years. 154. Muthabathula Raju, S/o.Mahalakshrni, aged 38 years. 155. Muthabathula Nagaveni, W/o. Lakshrnana Rao, aged 55 years. 156. Muthabathula Naresh, S/o. Lakshrnana Rao, aged 30 years. 157. Nagabathula Nagababu, S/o. Anan da Rao, aged 41 years. 158. Muthabathula Sithamma, W/o. Krishnaniurthy, aged 58 years. 159. Muthabathula Arjuna Rao, S/o. Mahalakshmi, aged 35 years. 160. Muthabathula Sesharatnam, W/o. Siva, aged 30 years. 161. l^di Arjuna Rao, S/o. Appala Swamy, aged 70 years. 162. Pothumudu Chinna Bheema Rao, S/o. Venkanna, aged 61 years. 163. Pothumudu Prudhvi, S/o. Ramarao, aged 25 years. 164. Muthabathula Mariyamma, W/o. Verikatrao, aged 38 years. 165. Nakka Srinivasa Rao, S/o. Redd}/, aged 52 years. 166. Pydi Srinivasa Rao, S/o. Chandra Rao, aged 50 years. 167. Pydi Balaji Rao, S/o. Chandra Rao, aged 40 years. 168. Pydi Santhamma, W/o. Chandra Rao,a ged 72 years. 169. Pydi Pushpavathi, W/o. Venkateswara Rao, aged 55 years. 170. Udi Sudharani, W/o. Rajarao, aged 36 yecirs. 171. Yenugupalli Sireesha, W/o. Jayaraju, aged 28 years. 172. Gaddam Ramarao, S/o. Prakasa Rao, aged 47 years. 173. Gaddam Mangayamma, W/o. Prakasa Rao, aged 62 years. 174. Manukoni Rajarao, S/o. Kondayya, aged 45 years. 175. Manukonda Lakshmi Kumari, W/o. Yesuratnam, aged 43 years. 17.6. Manukonda Bheema Rao, S/o. Narayudu, aged 75 years. 177. Manukonda Madhava Rao, S/o. Arjuna Rao, aged 43 years. 178. Manukonda Venkateswara Rao, S/o. Baburao, aged 32 years. 179. Manukonda Baburao, S/o. Venkanna, aged 63 years. 180. Manukonda Nagaveni, W/o. Nageswara Rao, aged 45 years. 181. Manukonda Satyanarayana, S/o. Arjuna Rao, aged 52 years. 182. Gaddam Srinivasa Rao, S/o. Sudharsana Rao, aged 50 years. 183. Manukonda Savithri, W/o. Rajarao, aged 42 years. 184. Manukonda Venkata Prasad, S/o. Nageswara Rao, aged 38 years. 185. Nagabathula Ramesh Kumar, S/o. Nageswara Rao, aged 32 years. 186. Pothumudi Prasada Rao, S/o. John, aged 30 years. 187. Pammi Arjuna Rao, S/o. Subbarao, aged 55 years. 188. Manukonda Malleswaram, S/o. Madhava Rao, aged 45 years. 189. Pammi Subrahrnanyam, S/o. Paddalu, aged 45 years. 190. Manukonda Mahendra Kumar, S/o. Manohar, aged 36 years. 191. Yallamelli Vasantha Kumar, S/o. Vijaya Raju, aged 30 years. 192. Gootarn Kishore Kumar, S/o. Immanuel, aged 29 years. I 193. Rapaka Srinivasa Rao, S/o. Veerayya, aged 29 years. 194. Gootam Ananda Sagar, S/o. Dharma Raju, aged 28 years. 195. Bonthu Suneel Kumar, S/o. Krishna Murthy, aged 29 years. 196. Bonthu Suryakantam, W/o. Narayana Murthy, aged 60 years. 197. Gootcim Suneel Varma, S/o. Arjunna, aged 48 years. 198. Gootam Vijaya Raju, S/o. Bhagavanulu, aged 35 3^ears. 199. Gootam Ratnam Raju, S/o. Ananda Rao, aged 47 years. 200. Geddam Ananda Ratnam, S/o. Yesu Ratnam, aged 50 yeai's. 201. Pammi Nagaraju, S/_o. Dharma Raju, aged 48 years. 202. Doddi Peddiraju, S/o. Konda3^m, aged 30 yeai's. 203. Yellamelli Gangachalarn, S/o. Ramarao, aged 35 years. 204. Yannabathula Mariyamrna, W/o. Nelabaludu, aged 45 years. 205. Gootam Nagaraju, S/o. Sudarshana Rao, aged 38 years. 206. Muthabathula Suryanarayana, S/o. Dharmaraju, aged 45 years. 207. Muthabathula vSatyanarayana, vS/o. Dharmaraju, aged 31 years. 208. Manukonda Chinna Satyanarayana, S/o. Venkanna, aged 60 years. 209. Kona Peddiraju, S/o. Veeranna, aged 56 years. 210. Yellamelli Durga Prasad, S/o. Gangula, aged 30 years. 211. Palli Durga Rao, S/o. Krishna Murthy, aged 34 years. 212. Yellamelli Ramarao, S/o. Penta3^a, aged 53 years. 213. Arigela Srinivasa Rao, S/o. Satyanrayana, aged 42 years. 214. Sabbithi Narasirnha Murthy, S/o. Mahalakshmi, aged 59 years. 215. Sarella Srinivasa Rao, S/o. Narayana Murthy, aged 52 years. 216. Sarella Sahadevudu, S/o. Narayana Murthy, aged 32 years. 217. Sarella Nagaraju, S/o. Narayana Murthy, aged 30 years. 218. Pydi Arjuna Rao, S/o. Nityananda Rao, aged 42 years. 219. Yallamelli Srinivasa Rao, S/o. Vasantha Rao, aged 35 years. 220. Yellamelli Venkata Lakshmi, W/o. Durga Prasad, aged 29 years. 22-1. Yallamelli Nagaraju, S/o. Subbanna, aged 51 years. 222. Rapaka Naresh, S/o. Subrahmanyam, aged 37 years. 223. Rapaka Suresh, S/o. China Subrahmanyam, aged 27 years. 224. Pilli Nagaraju, S/o. Peddiraju, aged 36 years. 225. Konki Chiranjeevi, S/o. Krishnamurthy, aged 43 years. 226. Utala Mangamani, W/o. Nagaraju, aged 35 years. 2"2’7. Vardhanapu Someswara Rao, S/o. Veeraiah, aged 40 year's. 228. Yennapu Anjaneyulu, S/o. Subbarayudu, aged 55 years. 229. Yennapu Venkateswara Rao, S/o. Anand Rao, aged 45 years. 230. Yennapu Adilakshmi, W/o. Valmiki, aged 70 years. 231. Karupothu Chandra Sekhar, S/o. Nageswara Rao, aged 30 years. 232. Yennapu Yedukondalu, S/o. Subbarayudu, aged 40 years. 233. Yennapu Chandubabu, S/o. Tatarao, aged 35 years. 234. Yennapu Veriyya, S/o. Ramudu, aged 60 yea.rs. 235. Dugumarthi Satyanarayana, S/o. Pothuraju, aged 70 years. 236. Dugumarthi Nagamma, W/o. Pothuraju, aged 70 years. 237. Dugumarthi Vasudevudu, S/o. Veeranna, aged 50 years. 238. Nedunuri Yedukondalu, S/o. Pothuraju, aged 45 years. 239. Cheetla Krishnamurthy, S/o. Narasa^^a, aged 60 years. 240. Muskodi Satyavathi, W/o. Isaq, aged 55 years. 241. Chuttugulla Krishna Murthy, S/o. Narasayya, aged 50 years. 242. Dugumarthi Yedukondalu, S/o. Sat3mnarayana, aged 52 years. 243. Dugirmarthi Gangamma, W/o. Bhaskara Rao, aged 55 years. 244. Yennapu Satyanarayana, S/o. Valmiki, aged 54 years. 245. Chikile Venkata Lakshmi, W/o. Ramakrishna, aged 45 years. 246. Gootam Sujatha, W/o. Ratnam, aged 40 years. 247. Pammi Aruna Kumari, W/o. Ajay, aged 35 years. 248. Gootam Siromani, W/o. Sriramakrishna, aged 46 years. 249. Bondada Krishna Kurnar, S/o. Sainpada Rao, aged 35 years. 250. Pammi Ramarao, S/o. Subbarao, aged 45 years. 251. Chikile Manohar, S/o. Ramakrishna, aged 26 years. 252. Sabbithi Pushpavathi, W/o. Venkanna, aged 54 years. All are doing Agriculture and permanent residents of L. Gannavaram Village, P. Gannavaram Mandal, Dr. B.R. Ambedkar Konaseema District. (Formerly East Godavaii District) Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue (Assignment I) Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravathi, Guntur District. 2. The District Collector, Dr. B.R.Ambedkar Konaseema District, Amalapurarn. 3. The Revenue Divisional Officer, Kothapeta Division, Kothapeta, Dr. B.R.Ambedkar Konaseema District. 4. The Talisildar, P. Gannavaram Mandal, Dr. B.R.Ambedkar Konaseema District. 5. The Assistant Director of Mines 8g Geology, Raj amahendravarsim, East Godavari District. Respondents ^ rx Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities in initiating steps to dispossess the petitioners from their agricultural lands in the name of Sand mining activities/formation of Sand Reaches in in Sy.No. 27 to an extent of Ac. 12-89 cents, Sy.No. 29 to an extent of Ac.5-76 cents, Sy.No. 30 to an extent of Ac. 1-63 cents, Sy.^o. 31 to an extent of. Ac. 10- 84 cents, Sy.No. 189 to an extent of Ac. 1-00 cents, Sy.No. 190 to an extent of Ac. 5-00 cents, Sy.No. 191 to an extent of Ac. 25-00 cents, Sy.No. 194 to an extent of Ac. 2-50 cents, Sy.No. 195 to an extent of Ac. 1-00 cents, 196 to an extent of Ac.2-00 cents, Sy.N.. 197 to an extent of Ac.2-00 cents total may to an extent of Ac. 78-56 cents situated- at Lankala Gannavaram Village, P. Gannavaram Mandal, Dr. B.R. Ambedkar Konaseema District (Formerly East Godavari District) and not entering the names of the petitioners as owners/possessors/cultivators in revenue records as illegal and unconstitutional and consequently direct the respondents to enter names of the petitioners in Sy.No. 27 to an extent of Ac. 12-89 cents, Sy.No. 29 to an extent of Ac.5-76 cents, Sy.No. 30 to an extent of Ac. 1-63 cents, Sy.No. 31 to an extent of Ac. 10-84 tents, Sy.No. 189 to an extent of Ac. 1-00 cents, Sy.No. 190 to an extent of Ac. 5-00 cents, Sy.No. 191 to an extent of Ac. 25- 00 cents, Sy.No. 194 to an extent of Ac. 2-50 cents, Sy.No. 195 to an extent of Ac. 1-00 cents, 196 to an extent of Ac.2-00 cents, Sy.No. 197 to an extent of Ac.2-00 cents total to an extent of Ac. 78-56 cents situated at Lankala Gannavaram Village, P. Gannavaram Mandal Konaseema District (Formerly East Godavari District) making it clear that these lands cannot be taken for except by process known to law should not be resumed. Dr. B.R. Ambedkar as owners while any other purpose 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 authorities not to interfere with the peaceful possession and enjoyment including agricultural operations of the petitioner's agricultural lands in Sy.No. 27 to an extent of Ac. 12z*89 cents, Sy. No. 29 to an extent of Ac.5-76 cents, Sy.No. 30 to an extent of Ac. 1-63 cents, Sy.No. 31 to an extent of Ac. 10-84 cents, Sy.No. 189 to an extent of Ac. 1-00 cents, Sy.No. 190 to an extent of Ac. 5-00 cents, Sy.No. 191 to an extent of Ac. 25-00 cents, Sy.No. 194 to an extent of Ac. 2-50 cents, Sy.No. 195 to an extent of Ac. 1-00 cents, 196 to an extent of Ac.2-00 cents, Sy.No. 197 to an extent of Ac.2-00 cents total to an extent of Ac. 78-56 cents situated at Lankala Gannavaram Village, P. Gannavaram Mandal . Dr. B.R. Ambedkar Konaseema District (Formerly East Godavari District) Counsel for the Petitioners: SRI RAMBABU KOPPINEEDI Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR MINES & GEOLOGY The Court made the following order: APHC010617522022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] T. zd-: THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36974/2022 Between: Gutam George and others ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1 .GP FOR MINES AND GEOLOGY 2.GP FOR REVENUE The Court made the following order: The grievance of the petitioners, in short, is that without giving notice and without following the due process of law, the respondent authorities are interfering with their peaceful possession and enjoyment of the petitioners over their agricultural lands including agricultural operations in survey No.27 to an extent of Ac. 12.89 cents, survey No.29 to an extent of Ac.5-76 cents. survey No.30 to an extent of Ac.1.63 cents, survey No.31 to an extent of Ac. 10.84 cents, survey No. 189 to an extent of Ac. 1.00 cents, survey No. 190 to 2 an extent of Ac.5.00 cents, survey No.191 to an extent of Ac.25.00 cents, survey No.194 to an extent of Ac.2.50 cents, survey No.195 to an extent of Ac.1.00 cents, survey No.196 to an extent of Ac.2.00 cents, survey No.197 to an extent of Ac.2.00 cents totaling to an extent of Ac.78.56 cents situated at Lankala Gannavaram village, P.Gannavaram Mandal, Dr.B.R.Ambedkar Konaseema District (Formerly East Godavari District). 2. Heard Sri Ramnbabu Koppineedi, learned counsel for the petitioners, Sri Venkata Satyanarayana, learned Assistant Government Pleader for revenue, Ms.Hari Swapna, learned Assistant Government Pleader for Mines. 3. Learned counsel for the petitioners in elaboration to what has been stated in the writ affidavit contended that the respondent authorities have assigned the subject land in favour of the petitioners and since then they have been in possession and enjoyment of the said property by cultivating maize, black gram, red gram and vegetables etc. He further submitted that the subject lands are abutting Godavari River and the petitioners lost their assignment patts and other documents at the time of floods in the year 1986. The petitioners approached the revenue authorities several times for issuance of copies of D-form pattas and for mutation of their names in revenue records. Respondent No.4 promised the petitioners that they would mutate the names of the petitioners in the revenue records and they will issue new pattadar pass books and title deeds along with copies of D-form pattas. He further submitted that when some anti-social elements encroached land of some of the petitioners for excavation of sand, they approached the authorities and then 3 the District Collector, East Godavari directed respondent No.4 to hand over the possession to the assignees vide endorsement dated 22.03.2022. Basing on the directions of the District Collector, the authorities conducted survey and handed over the possession to the petitioners by evicting the encroachers and since then, the petitioners have been in peaceful possession and enjoyment of the subject land. He further submitted that the revenue authorities visited their lands on 26.10.2022 and stated that they are going to take their lands for Sand Reach for sand mining and again visited their lands on 03.11.2022 and made certain markings and thereby tried to dispossess them from the subject land. He further submitted that if the revenue authorities intend to take possession of the subject land from the petitioners, they have to pay ex gratia on par with the market value in terms of the order in LAO-cum-RDO, Chevella Division, Domalguda, Hyderabad v. Mekala Pandu\ Hence, prayed to pass orders protecting the interest of the petitioners. On the other hand, Sri Venkata Satyanarayana, learned Assistant Government Pleader while reiterating the contents of the counter affidavit of the Tahsildar contended that initially the assignment of subject land was given to the petitioners for a limited period only. Further subject lands are not Lanka lands and there is no proposal for resumption of the Lanka lands. The subject land is vested to the Government and never proposed for resumption and for 4. excavation of sand purpose. He further submitted that the petitioners are claiming the subject land by misrepresentation and their request for grant of ' 2004(2) ALO 451 (LB) $ 4 ASCI pattas is subject to eligibility for cultivation on lease purpose only. The petitioners cannot clainn any rights over the subject property. The Writ Petition is misconceived, devoid of merits and prayed to dismiss the Writ Petition. Ms.Hari Swapna, learned Assistant Government Pleader for Mines & 5. Geology submitted that respondent No.5 is the proforma party and the petitioners are unnecessarily impleaded him as party respondent. Hence prayed to dismiss the Writ Petition. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that the revenue authorities have given the subject land to the petitioners for cultivation by way of assignment. The contention of the petitioners is that without issuing notices and without following the due process of law, the respondent authorities are trying to dispossess the petitioners from the subject land in order to give the same for Sand Reach. It is also their contention that the petitioners made a request to the revenue authorities for issuance of D-form pattas to the subject property to them. Perusal of the letter addressed by the Tahsildar to the District Collector vide Ref.C/46/2024, dated 18.01.2024 would indicate that the Tahsildar, on the petition filed by Sri Yannapu Satyanarayana for issuance of Lanka pattas in L.Gannavaram village to all the eligible beneficiaries, has recommended to the District Collector for necessary instructions. The said Yannapu Satyanarayana is none other than the writ petitioner No.244 in the Writ Petition. In the entire counter, there is no specific denial about the possession of the petitioners over the subject land. This Court vidG order dated 06.03.2023 granted interim order, however, the same was not extended later. In the absence of any specific plea with supporting material with regard to resumption of lands from the petitioners, this Court can presume that the petitioners of the property. Further the record would indicate that the respondents have no intention to give the subject land for Sand Reach. When the issuance of are in possession D-form pattas to the petitioners is pending consideration before the District Collector, the authorities cannot dispossess the petitioners from the subject land without following the procedure contemplated under law. 8. In view of the above and taking the submissions of the learned counsel for the parties into consideration, as the issuance of D-form pattas to the petitioners is pending consideration before the District Collector, 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 interfere with the possession of the petitioners over the subject property i.e., survey No.27 to an extent of Ac. 12.89 cents, survey No.29 to an extent of Ac.5-76 cents, survey No.30 to an extent of Ac. 1.63 cents, survey No.31 to an extent of Ac. 10.84 cents, survey No.189 to an extent of Ac. 1.00 cents, survey No. 190 to an extent of Ac.5.00 cents, survey No. 191 to an extent of Ac.25.00 cents, survey No. 194 to an extent of Ac.2.50 cents, survey No. 195 to an extent of Ac. 1.00 cents, survey No. 196 to an extent of Ac.2.00 6 cents, survey No. 197 to an extent of Ac.2.00 cents totaling to an extent of Ac.78.56 cents situated at Lankala Gannavaram village, P.Gannavaram Mandal, Dr.B.R.Ambedkar Konaseema District (Formerly East Godavari District), except under due process of law. 9. 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/-NNAGAIVIMA assistanlregistrar //TRUE COPY// f:SECTION OFFICER To, Revenue (Assignment Andhra Pradesh, Secretariat Buildings ^ Amaravathi, Guntur District Konaseema District, • The Tahsildar, P. Gannavaram Mandal District. 5. The Assistant Director of Mines East Godavari District. 7 Two CCs [OPUC] 8.' CS S GP 0 S gS'’ ''T [OUT] [OUT] ^ Geology, High Court of Andhra Pradesh. 9. Two CD Copies I) Department, State of velagapudi, Thullur Mandal, ■ Dr. Dr. B.R.Ambedkar Konaseema and Geology, Rajamahendravaram, RAM HIGH COURT DATED:20/02/2025 2 5 MAR 2025 ° w ORDER to! ^ . Current Section ^«S:££spatc»J^ 'll WP.No.36974 of 2022 DISPOSING OF THE WP WITHOUT COSTS