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2025 DAILYLAW 42201 (AP)

Sri. Kanuru Ramanaiah v. The State of Andhra Pradesh

WP/3342/2020 · 2025-10-28

B Krishna Mohan

body2025

Judgment text

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APHC010055752020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: Between: 1. SRI. KANURU RAMANAIAH, S/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, VAKADU MANDAL, SPSR NELLORE DISTRICT. 2. KANURU SANTHI, W/O. SUDHAKAR, AGED ABOUT 35 YEARS, OA AGRICULTURE, R/O. CHIMALAPUDI SPSR NELLORE DISTRICT. 3. KANURU CHANCHAMMA,, W/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, VAKADU MANDAL, SPSR NELIORE DISTRICT. 4. KANURU KAMESWARAMMA,, W/O. SUBBARAMAIAH, AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. 5. KANURU JAYAMMA, W/O. SRINIVASULU, AGED ABOUT 30 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. 6. MEKALA SUNITHA, W/O. JANAKI YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. 7. BANDI MAMMA, W/O. BANGARAIAH, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3342/2020 SRI. KANURU RAMANAIAH, S/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, VAKADU MANDAL, SPSR NELLORE DISTRICT. KANURU SANTHI, W/O. SUDHAKAR, AGED ABOUT 35 YEARS, OA AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, VAKADU MANDAL, SPSR NELLORE DISTRICT. KANURU CHANCHAMMA,, W/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, VAKADU MANDAL, SPSR NELIORE DISTRICT. KANURU KAMESWARAMMA,, W/O. SUBBARAMAIAH, AGED ABOUT S, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. KANURU JAYAMMA, W/O. SRINIVASULU, AGED ABOUT 30 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. MEKALA SUNITHA, W/O. JANAKI RAMAIAH, AGED ABOUT 25 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. BANDI MAMMA, W/O. BANGARAIAH, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) IN THE HIGH COURT OF ANDHRA PRADESH [3233] WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN SRI. KANURU RAMANAIAH, S/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, KANURU SANTHI, W/O. SUDHAKAR, AGED ABOUT 35 YEARS, OA VILLAGE, VAKADU MANDAL, KANURU CHANCHAMMA,, W/O. ALLURAIAH, AGED ABOUT 80 YEARS, OCC AGRICULTURE, R/O. CHIMALAPUDI VILLAGE, KANURU KAMESWARAMMA,, W/O. SUBBARAMAIAH, AGED ABOUT S, OCC AGRICULTURE, R/O. MALLAM VILLAGE, KANURU JAYAMMA, W/O. SRINIVASULU, AGED ABOUT 30 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU RAMAIAH, AGED ABOUT 25 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, BANDI MAMMA, W/O. BANGARAIAH, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. MALLAM VILLAGE, CHITTAMURU ...PETITIONER(S) 2 AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. CONTD/- 3. THE REVENUE DIVISIONAL OFFICER, GUDUR, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, CHITTAMURU MANDAI, 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 appropriate writ more particularly one in the nature of writ of Mandamus declaring the action of the respondent No. 3 herein in approaching the lands of these petitioners i.e. lands of 1st petitioner in Sy.No's 13/5 and 13/1A to an extent of Ac. 0.20 Cents and Ac. 1.15 Cents respectively, lands of 2nd petitioner in Sy.No's 19, A27/7 and 29/2 to an extent of Ac. 0.95 Cents, Ac. 1.40 Cents and Ac. 1.43 Cents respectively, land of 3rd petitioner in Sy.No's 18/2/B2 to an extent of Ac. 1.43 Cents, land of 4th petitioner in Sy.No. 27/5 to an extent of Ac. 1.40 Cents, land of 5th petitioner in Sy.No. 27/8 to an extent of Ac. 1.40 Cents, land of 6th petitioner in Sy.No. 27/6 to an extent of Ac. 1.40 Cents and land of 7th petitioner in Sy.No's.19 and 27/9 to an extent of Ac. 1.96 Cents and Ac. 1.40 Cents respectively, all are situated at Padarthivari Kandriga village, Chittamuru Mandal, SPSR Nellore District along with 4th respondent herein on 07-02-2020 and directing the 4th respondent to remove electricity connection to the bore wells of the petitioners and demolish the Prawn Pond Bunds immediately without issuing any notice to these petitioners as illegal, arbitrary, opposed to the established principles of law and in violation of principles of natural justice and consequently direct the respondents herein to follow due process of law IA NO: 1 OF 2020 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 herein not to disposes the petitioners from their respective lands i.e. lands of 1st petitioner in Sy.No's 13/5 and 13/1A to an extent of Ac. 0.20 Cents and Ac. 1.15 Cents respectively, lands of 2nd 3 petitioner in Sy.Nots 19, A27/7 and 29/2 to an extent of Ac. 0.95 Cents, Ac. 1.40 Cents and Ac. 1.43 Cents respectively, land of 3rd petitioner in Sy.No's 18/2/62 to an extent of Ac. 1.43 Cents, land of 4th petitioner in Sy.No. 27/5 to an extent of Ac. 1.40 Cents, land of 5th petitioner in Sy.No. 27/8 to an extent of Ac. 1.40 Cents, land of 6th petitioner in Sy.No. 27/6 to an extent of Ac. 1.40 Cents and land of 7th petitioner in Sy.No's.19 and 27/9 to an extent of Ac. 1.96 Cents and Ac. 1.40 Cents respectively, all are situated at Padarthivari Kandriga village, Chittamuru Mandal, SPSR Nellore District pending disposal of the present writ petition Counsel for the Petitioner(S): 1. K PALLAVI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 4 Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent No.3 herein in approaching the lands of these petitioners i.e. lands of 1st petitioner in Sy.No's 13/5 and 13/1A to an extent of Ac. 0.20 Cents and Ac. 1.15 Cents respectively, lands of 2nd petitioner in Sy.No's 19, A27/7 and 29/2 to an extent of Ac. 0.95 Cents, Ac. 1.40 Cents and Ac. 1.43 Cents respectively, land of 3rd petitioner in Sy.No's 18/2/B2 to an extent of Ac. 1.43 Cents, land of 4th petitioner in Sy.No. 27/5 to an extent of Ac. 1.40 Cents, land of 5th petitioner in Sy.No. 27/8 to an extent of Ac. 1.40 Cents, land of 6th petitioner in Sy.No. 27/6 to an extent of Ac. 1.40 Cents and land of 7th petitioner in Sy.No's.19 and 27/9 to an extent of Ac. 1.96 Cents and Ac. 1.40 Cents respectively, all are situated at Padarthivari Kandriga village, Chittamuru Mandal, SPSR Nellore District along with the 4th respondent herein on 07-02-2020 and directing the 4th respondent to remove electricity connection to the bore wells of the petitioners and demolish the Prawn Pond Bunds immediately without issuing any notice to these petitioners, without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 4th respondent dated 19.08.2025, submits that the subject land is classified as “Gayallu” as per the village records. 5 Subsequently, the assignment was granted to the petitioners under Darakasthu rules. In pursuance of the orders of the National Green Tribunal, Chennai, the then Tahsildar inspected the land along with the other officials and submitted the report. The then Tahsildar found that the entire land covered by prawn ponds and electricity connections without obtaining permissions from the competent departments. The then Tahsildar demolished the ponds and also disconnected the electricity connections by following the due procedure. During the course of inspection, it is observed that the petitioners are cultivating the prawn ponds and also have electricity connections by obtaining the interim orders from this Court. The Tahsildar, Chittamur/the 4th respondent, is not interfering with the possession of the petitioners in view of the interim orders of this Court. 4. In view of the above said facts and circumstances, as the subject land was found to be misutilized without having necessary permissions from the competent authorities, it is open for the respondents to proceed with the subject land strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim orders, if any, stands vacated. 6 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 29.10.2025 PNS