APHC010317912022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19039/2022 Between: 1. SMT.INDRANI, W/O PERUMAL, AGE 53 YEARS, OCC. COOLIE, RIO H.NO.3-35, KANAMAPACHARLAPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM REVENUE DIVISION, KUPPAM, CHITTOOR DISTRICT. 4. THE TAHSILDAR, KUPPAM MANDAL AT KUPPAM, CHITTOOR 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to disposses the petitioner from the land an extent of Ac.03-00 cents out of Ac.10-50 2 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the 'respondents not to disposses the petitioner from the land to an extent of Ac.03-00 cents out of Ac.10-50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, except due process of law and to pass IA NO: 1 OF 2022 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 respondent not to disposses the petitioner from the land to an extent of Ac.03-00 cents out of Ac.10-50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, abruptly without following the due process of law, pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 vacate the interim order order dated 07.07.2022 in W.P.No.19039 of 2022 and also dismiss the writ petition and pass 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 May be pleased to grant leave to file reply in W.P.No.19039 of 2022 and pass Counsel for the Petitioner: 1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 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 respondents in trying to dispossess the petitioner from the land in an extent of Ac.3.00 cents out of Ac.10.50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that there are illegal encroachments in the land in Sy.No.67 of Kanamapacharlapalle village of Kuppam Mandal and the petitioner also illegally encroached the government land and when she was approached, the petitioner and her henchmen abused and came down heavily with a filthy language and recklessly challenged that she does not want to disclose any type of document and confronted with the staff in a gruesome manner and the 5th respondent is not yet proceeded with any removal of encroachments activities of the land in Sy.No.67 of Kanamapacharlapalle village. But the action for removal of encroachments in an extent of 10.50 cents in Sy.No.67 of the said village is under process. Originally, the land in Sy.No.67 in an extent of Ac.10.50 cents is purely classified as government poramboke. On verification of FMB and the fair adangal records, no subdivisions and no 4 change of classification were recorded in the said land. On field enquiry, it was noticed that the petitioner constructed a house to an extent of Ac.0.08 cents and encroached an extent of Ac.0.28 (i.e. 0.36 cents) of land in Sy.No.67 of Kanamapacharlapalle village of Kuppam Mandal. Except those two, she does not have any enjoyment and possession of the land in Sy.No.67 in the said village. But it was noticed that the other encroachments are there in the subject land committed by the relatives of the petitioner. 4. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the respondent Nos.2 to 4 are directed to deal with the land in an extent of Ac.10.50 cents in Sy.No.67 of Kanamapacharlapalle village, Kuppam Mandal, Chittoor District strictly in accordance with law for the purpose of removal of encroachments following the due procedure. If the petitioner is otherwise found to be in possession of any part of the said land, she shall be dealt with strictly in accordance with law. For the purpose of removal of the above said encroachments, notices shall be given to the parties concerned, upon hearing all the parties concerned including the petitioner, upon verification of the records and the said land, appropriate decision shall be taken on its own merits as expeditiously as possible from the date of issuance of such notices. It is the duty of the above said respondents to protect the government land by all means preventing and removing the encroachments in public interest for 5 utilization of the said land for any public purpose as and when it is required. 5. In view of the same, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 31.12.2025 NNN