APHC010002552021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 175/2021 Between: 1. CHINTHAKAYALA RAM BHUPALUDU, S/O.C. MADDILETI OCC COOLI, R/O.THIRUPADU VILLAGE, GADIVEMULA ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT (ASSIGNMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 3. THE REVENUE DIVISIONAL OFFICER, NANDYALA DIVISION, NANDYAL, KURNOOL DISTRICT 4. THE TAHSILDAR, GADIVEMULA MANDAL, GADIVEMULA, KURNOOL DISTRICT 5. THE PANCHAYAT SECRETARY, VILLAGE SECRETARIAT, THIRUPADU VILLAGE, GADIVEMULA MANDAL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. KAMINI VENKATESWARLU 2 HBKM,J W.P.No.175 of 2021 Counsel for the Respondent(S): 1. 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3 HBKM,J W.P.No.175 of 2021 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4, and the learned Standing Counsel for the 5th respondent. 2. This writ petition was filed questioning the action of respondents in trying to interfere with petitioner’s peaceful possession and enjoyment of the house site to an extent of Ac.0.05 cents in Sy.No.100A, Tirupadu Village, Gadivemula Mandal, Kurnool District and trying to dispossess the petitioner from the said land without putting any notice and following due process of law. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 relying upon the counter of the 4th respondent submitted that an extent of Ac.0.05 cents in Sy.No.100A, is a public toilet land (open dry latrines) owned by the Gram Panchayat, Tirupadu Village. The petitioner utilized the same and dumped the garbage. Hence notice was issued by the 5th respondent on 14.07.2020 to remove the garbage. The petitioner has not constructed hut or structure in the subject land. As per Section 2 (3) of Andhra Pradesh Gram Panchayat (Protection of property) Rule, 2011, in respect of lands identified under category A and B, the responsibility of protection of such land lies solely with the Gram Panchayat. The subject land of Ac.0.05 cents in Sy.No.100A is purely government land. The petitioner has no right over the property and only the Gram Panchayat has got the right. The government has taken a policy to 4 HBKM,J W.P.No.175 of 2021 sanction individual sanitary latrines and not to utilize open public drain latrines since 2015. It is not correct to say that the petitioner is in possession over the subject land for the last 12 years. On the request of the Panchayat secretary possession of the petitioner was cancelled by the Tahsildar vide proceedings dated 21.07.2020. Against which the petitioner did not prefer any appeal before Revenue Divisional Officer. 4. In view of the above said facts and circumstances, the petitioner has no right to claim the subject land and no relief can be granted to the petitioner in this writ petition. 5. Accordingly, this Writ Petition is dismissed. The respondent authorities concerned are directed to deal with the subject land strictly in accordance with law. It is open for the petitioner to prefer an appeal before the concerned appellate authority, questioning the cancellation of certificate, if any. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.11.2025 RSD 5 HBKM,J W.P.No.175 of 2021 57 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 175/2021 03.11.2025 RSD