APHC010892132016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21480/2016 Between: 1. DODDAPANENI BABU RAO S/O RAMANAIAH NAIDU,, OCC: AGRICULTURE, R/O AMANCHERLA VILLAGE, NELLORE RURAL MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR SPSR NELLORE DISTRICT NELLORE, - 3. THE REVENUE DIVISIONAL OFFICER NELLORE SPSR NELLORE DIST, - 4. THE TASILDAR NELLORE RURAL MANDAL SPSR NELLORE 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 to issue an order writ or direction more particularly one in the nature of writ mandamus under Article 226 of the Constitution of India declaring the action of the respondents in seeking to dispossess the petitioner from Ac. 3.00 cents of dry land in Sy. No. 188 of Amancherla Village, Nellore Rural Mandal, SPSR Nellore District and to demolish Gosala existing in the patta land pending disposal of the application submitted by the petitioner in terms of Go. Ms. No. 571 of Revenue (Assgn-I) Dept., dated 14.9.2012 as illegal, arbitrary 2 VS,J W.P.No.21480 of 2016 and unjust and voilative of articles 19(1) (g) and 21 of the constitution of India and consequently direct the respondents not to dispossess the petitioner from the above said land nor demolish Gosala pending disposal of his applications dated 15.1.2016, 23.6.2016 and 27.6.2016 for alienation of the above said land for market value IA NO: 1 OF 2016(WPMP 26370 OF 2016 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 Ac. 3.00 cents of dry land in Sy. 3.00 cents of dry land in Sy. No. 188 of Amancherla Village, Nellore Rural Mandal, SPSR Nellore District nor demolish Gosala IA NO: 2 OF 2016(WPMP 43444 OF 2016 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 implead the proposed respondents as respondents 5 to 10 in the above W.P. and pass IA NO: 5 OF 2016(WVMP 188640 OF 2016 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 Counsel for the Petitioner: 1. P SRIDHAR REDDY Counsel for the Respondent(S): 1. C VANI REDDY 2. GP FOR ASSIGNMENT (AP) 3. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.21480 of 2016 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an order writ or direction more particularly one in the nature of writ mandamus under Article 226 of the Constitution of India declaring the action of the respondents in seeking to dispossess the petitioner from Ac. 3.00 cents of dry land in Sy. No. 188 of Amancherla Village, Nellore Rural Mandal, SPSR Nellore District and to demolish Gosala existing in the patta land pending disposal of the application submitted by the petitioner in terms of Go. Ms. No. 571 of Revenue (Assgn-I) Dept., dated 14.9.2012 as illegal, arbitrary and unjust and voilative of articles 19(1) (g) and 21 of the constitution of India and consequently direct the respondents not to dispossess the petitioner from the above said land nor demolish Gosala pending disposal of his applications dated 15.1.2016, 23.6.2016 and 27.6.2016 for alienation of the above said land for market value.…” 2. The brief facts of the case are as follows: a) The petitioner purchased an extent of Ac.1.88 cents of dry land in Sy.No.203 situated in Amancherla Village, Nellore Rural Mandal, SPSR Nellore District from one Sunkara Rajeswari under a registered sale deed dated 30.11.1998. The petitioner also purchased an extent of Ac.3.00 cents in Sy.No.188 from one Namburi Krishna Murhty in the year 1995 and an extent of Ac.1.99 cents in Sy.No.202/1 from one Shek Khaleel under a registered sale deed. Subsequently, the petitioner dug two bore wells in the said land and fixed submersible motor and pump sets by investing huge amounts for providing irrigation facility and also obtained agricultural service connections from Electricity Department for operating the pump sets. The petitioner established a Gosala by constructing a structure with zink-sheeted roofing for sheltering cows. 4 VS,J W.P.No.21480 of 2016 b) Later, the petitioner came to know that, in so far as the extent of Ac.3.00 cents in Sy.No.188 is concerned, the same is recorded as ‘dots’ in the RSR. Apprehending that the Revenue authorities might claim the said land as Government land based on RSR entry, the petitioner submitted a representation dated 15.01.2016 to the 2nd respondent/District Collector, Nellore, seeking alienation of the said land on payment of market value. In response, the 2nd respondent, vide proceedings dated 28.01.2016, directed the 4th respondent/Tahsildar to conduct an enquiry into the matter and submit a report. The 4th respondent conducted an enquiry and submitted a report dated 15.02.2016 to the 2nd respondent stating that the petitioner had been in possession of the said land for the last 20 years by raising Mango tress therein and established a Gosala and was carrying on organic cultivation in a scientific manner. Pursuant thereto, the 2nd respondent issued an endorsement dated 17.04.2016 referring to the petitioner’s request and instructed that an application be submitted in terms of Go.Ms.No.571 Revenue (Assignment-I) Dept., dated 14.09.2012 along with a justification report/Annexure XI. Accordingly, the petitioner submitted an application to the Joint Director of Agriculture requesting to issue a justification report to enable him to submit an application to the Government for alienation of the land in his favour. On due enquiry, the Joint Director of Agriculture, vide letter dated 02.06.2016 issued a justification report certifying that the petitioner is using only cow dung and urine for cultivating the lands. 5 VS,J W.P.No.21480 of 2016 c) Thereafter, the petitioner submitted an application in the prescribed proforma on 23.06.2016 to the 4th respondent, enclosing all relevant documents, requesting alienation of Ac.3.00 cents of land in Sy.No.188 of Amancherla Village for market value, considering his long-standing possession and organic farming practices. However, no action was taken on the said application. On the contrary, when the respondents were trying to interfere with the petitioner’s possession over an extent of Ac.3.00 cents in Sy.No.188, the petitioner was constrained to file the present writ petition. 3. While ordering notice before admission on 12.07.2016, this Court passed an interim order directing the respondents not to dispossess the petitioner from Ac.3.00 cents of dry land in Sy.No.188 of Amancherla Village, Rural Mandal, SPSR Nellore District, nor to demolish the Gosala. The said interim order was extended from time to time. 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleaders for Irrigation as well as Revenue. 5. Learned Assistant Government Pleader for Revenue has submitted that, as the petitioner had submitted a representation way back in the year 2016, and in view of the fact that the said records are not available with their office, requested this Court may direct the petitioner to submit a fresh representation, duly enclosing all necessary documents, for fresh consideration by the respondents. 6 VS,J W.P.No.21480 of 2016 6. In view of the said submission, and without going into the merits of the case, this Court deems it appropriate to direct the petitioner to submit a fresh representation to the 2nd respondent, enclosing all necessary documents including the report dated 15.02.2016 submitted by the 4th respondent to the 2nd respondent, subsequent endorsement issued by the 2nd respondent and as well as the justification report dated 02.06.2016 obtained by the petitioner from the Joint Director of Agriculture in support of his claim, to establish that he has been in possession of an extent of Ac.3.00 cents of dry land in Sy.No.188 of Amancherla Village, Rural Mandal, SPSR Nellore District, and that the said land is required for establishing a Gosala and also for carrying out cultivation activities in an organic manner, within a period of four (4) weeks from the date of receipt of a copy of this order. Upon submission of such representation, the respondents shall consider the same and pass appropriate orders, in accordance with law, within a period of eight (8) weeks, thereafter. Till such time, the respondents are directed not to interfere with the petitioner’s possession over the subject land. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR