APHC010125062020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7680/2020 Between: 1. PARRIMALAKONDAIAH, , S/O LATE PARRICHINNANARASIMHAM, AGED 46, OCC. AGRICULTURE, R/O CHENNAIPALEM VILLAGE, KAVAVLIMANDAL, NELLORE DISTRICT, A.P. 2. PARRIMAHESH,, S/O LATE PARRICHINNANARASIMHAM, AGED 40 YEARS, OCC. AGRICULTURE, R/O CHENNAIPALEM VILLAGE, KAVAVLIMANDAL, NELLORE DISTRICT, A.P. 3. PARRINIRMALA,, W/O LATE PARRIMALAKONDAIAH, AGED 46, OCC. AGRICULTURE, R/O CHENNAIPALEM VILLAGE, KAVAVLIMANDAL, NELLORE DISTRICT, A.P ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AT AMARAVATI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE, NELLORE DISTRICT. 3. THE TAHSILDAR, , NAIDUPETAMANDAL, 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 toto issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd 2 HBKM,J W.P.No.7680 of 2020 respondent in trying to dispossess the petitioners from the land to an extent of Ac.0.50 cents belongs to 1st and 2nd petitioners and Ac.0.50 cents belongs to 3rd petitioner in Sy.No.203 situated at Chennayapalem village, kavaliMandal, SPSR. Nellore District without issuing any notice as illegal, arbitrary, unconstitutional and violation of principles of natural justice and also violating the Article 14, 16, and 300-A of Constitution of India and Consequentially direct the 3rd respondent not to dispossess the petitioners from the land to an extent of Ac.0.50 cents belonging to 1st and 2nd petitioners and Ac.0.50 cents belonging to 3rd petitioner in Sy.No.203 situated at Chennayapalem village, kavali Mandal SPSR Nellore District 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 May be pleased to direct the 3rd respondent not to dispossess the petitioners from the land in Sy.No.203 situated at Chennayapalem village, kavali Mandal, SPSR. Nellore District in pending disposal of the Writ Petition Counsel for the Petitioner(S): 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.7680 of 2020 The Court made the following 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 3rd respondent in trying to dispossess the petitioners from the land to an extent of Ac.0.50 cents belongs to the 1st and 2nd petitioners and Ac.0.50 cents belongs to the 3rd petitioner in Sy.No.203 situated at Chennayapalem Village, Kavali Mandal, SPSR Nellore District without issuing any notice. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 27.10.2025 submits that the land in an extent of Ac.2.34 cents in Sy.No.203 situated in Chennayapalem Village, Kavali Mandal is classified as Dotted Land. As the said land was found to be free of encroachment, the said land was included in the list of prohibited properties under Section 22 (A) (1) (b) and the said land is being recorded as Government land (A.W.Dry). It was identified for the purpose of providing house sites to the eligible poor beneficiaries of the said village. The said land was not assigned to anybody as it was suitable for house sites. The petitioners, who have no right over the land, planted some Eucalyptus trees in an extent of Ac.1.00 cents in Sy.No.203 with a view to cause obstruction for the public purpose programme announced by the Government. Therefore, the said plantation was removed and it was leveled and internal roads were also formed by laying layout in the said land. Then 4 HBKM,J W.P.No.7680 of 2020 the petitioner approached this Hon’ble Court and obtained interim order dated 19.03.2020. 4. In view of the above said facts and circumstances, the respondent Nos.2 and 3 are directed to deal with the subject land in an extent of Ac.2.34 cents in Sy.No.203 of Chennayapalem Village, Kavali Mandal, SPSR Nellore District including the subject extent of Ac.1.00 cents claimed by the petitioners, strictly in accordance with law. Since the subject total extent is included in the prohibited list, treating it as dotted land, the petitioners are permitted to approach the respondent Nos.2 and 3 by making representation, enclosing all the necessary documents in support of their claim to delete the subject extent of Ac.1.00 cent from the prohibited list within a period of four (04) weeks from the date of receipt of this order. On receipt of the same, the respondent No.2 shall consider and dispose of the said representation of the petitioners, if any, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. If it is found to be a Government land, the respondent Nos.2 and 3 shall protect the same from any encroachments and it shall be dealt with strictly in accordance with law, if so warranted for any public purpose. The written instructions of the 3rd respondent dated 27.10.2025 shall be made as part of the Court record. 5 HBKM,J W.P.No.7680 of 2020 5. Accordingly, this Writ Petition is disposed of. 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 17.11.2025 PGT