APHC010499972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 26355/2025 Between: 1. GEDELA VIJAYA SEKHAR,, S/O LAXMI GALESWARA RAO, AGED 34 YEARS, OCC. PVT. SERVICE, FLAT NO. 301, SUVARNA RESIDENCY, SRINAGAR, RAMA TALKIES LANE, VISAKHAPATNAM TOWN, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, COLLECTORATE BUILDINGS, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRADESH. 4. THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a Writ, Order, or Direction, particularly one in the nature of a WRIT OF MANDAMUS, declaring the action of the subordinates 2 HBKM,J W.P.No.26355 of 2025 of Respondent Nos. 3 and 4 in interfering with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac.0.18 cents in Survey No. 296/5 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District, as illegal, arbitrary, and unconstitutional and consequential direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the above land IA NO: 1 OF 2025 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 pleased to direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac.0.18 cents in Survey No. 296/5 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. MADHU SUDHAN P Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.26355 of 2025 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.3 and 4 in interfering with the petitioner’s peaceful possession and enjoyment of the land admeasuring Ac.0.18 cents in Sy.No.296/5 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 24.09.2025 submits that as per the Settlement Land Register (S.L.R) of Kapuluppada Village, the Sy.No.296/5 in an extent of Ac.0.22 cents is classified as “Assessed Waste Dry”. It is recorded as Gayalu against the classification of land column and Government in the name of owner column in Annexure-I, Section 22 (A) (1) (a) in the prohibited properties list and the same was communicated to the Sub-Registrar concerned under Section 5 (1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. The name of Puli Venkanna S/o Appanna against the D.R.No.239/82, dated 11.05.1972 under the assignment against the Sy.No.296/5 was found not available. As such it is evident that no assignment was given on the subject land. Neither the petitioner’s name nor his ancestors’ names was ever recorded in any of the records available in the office of the 4th respondent i.e., Manual Adangals and Webland Adangals. The subject land in an extent of Ac.0.22 cents covered by Sy.No.296/5 of 4 HBKM,J W.P.No.26355 of 2025 Kapuluppada Village, Bheemunipatnam Mandal is vacant on the ground, free from encroachments and it is vested with the Government, wherein a caution board was erected in the year 2017 itself, stating that “the land belongs to the Government.” 4. In view of the above said facts and circumstances, no relief can be granted in this writ petition. However, the petitioner is permitted to approach the revenue authorities concerned with an application, enclosing all the necessary documents in support of his claim to show any assignment in existence either in the name of the petitioner or in the name of his ancestors. If so made, the same shall be considered strictly in accordance with law by hearing all the parties concerned, including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. 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. The written instructions of the 4th respondent dated 24.09.2025 shall be made as part of the Court record. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 30.10.2025 PGT