IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 545 OF 2025 Between: Y. Hanumanthaiah, S/o Ankaiahah, Aged about 65 years, R/o Adurupalli, Chejerla Mandal, SPSR Nellore District. Chevvuru Chanchaiah, S/o.Seshaiah, Aged 58 years, Adurupalli, Chejerla Mandal ,SPSR Nellore District. A.Subbamma, S/o.Bujjaiah, Aged 67 years, Adurupalli, Chejerla Mandal ,SPSR Nellore District. Y.Koteswara Rao, S/o.Subbaiah, Aged 40 Years, Adurupalli, Chejerla Mandal ,SPSR Nellore District. Y.Sriram, S/o.Hanumanthaiah,Aged 20 years, Adurupalli, Chejerla Mandal ,SPSR Nellore District. Y.Penchala Prasad, S/o.Subbaiah, Aged 30 years, Adurupalli, Chejerla Mandal ,SPSR Nellore District. N.Ademma, S/o.Ramanaiah Aged 44 years, Adurupalli, Chejerla Mandal, SPSR Nellore District. 1. 2. 3. 4. 5. 6. 7. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department. Secretariat Buildings, Amaravati, Andhra Pradesh. The District Collector, SPSR Nellore District. The Revenue Divisional Officer, Chejerla Mandal, SPSR Nellore District. The Tahsildar, Adurupalli, Chejerla Mandal, SPSR Nellore Distinct. ...RESPONDENTS 1. 2. 3. 4. 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 Mandamus declaring the action of the Respondents, more particularly Respondent No.3 and 4, in forcibly trying to dispossess the from their lands situated in Sy. No. 596 of Adurupalli Village, Chejerfa Mandal, PSR Nellore District admeasuring an extent of 9 Ankams (-1 48 ; cents) each and trying to issue the House Site Pattas to third parties without following any procedure contemplated under the law as being illegal, arbitrary, violative to cardinal principles of natural justice and violative to Article 19, 21 and 300-A of the consequently direct the Respondents not possession and enjoyment of the. Indian Constitution and to interfere with the peaceful Petitioners iand situated in Sy. No. 596 of Adurupalli Village, Chejeiia Mandal, SPSR Nellore District admeasuring 9 Ankams (-1.48 cents) each and an extent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to dispossess the Petitioners from their lands situated in Sy. No. 596 of Adurupalli Village, Chejerla Mandal, SPSR Nellore District admeasuring an extent of 9 Ankams (-1.48 cents) each. Counsel for the Petitioners : SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER J ^ APHC010005182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 545/2025 Between: 1.Y.HANUMANTHAIAH, S/0 ANKAIAHAH, AGED ABOUT 65 YEARS, R/0 ADURUPALLI, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. 2.CHEVVURU CHANCHAIAH, S/O.SESHAIAH AGED 58 YEARS ADURUPALLI, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. 3.A.SUBBAMMA, S/O.BUJJAIAH, AGED 67 YEARS, ADURUPALLI, CHEJERLAMANDAL,SPSR NELLOREDISTRICT. 4.Y.KOTESWARA RAO, S/O.SUBBAIAH, AGED 40 YEARS, ADURUPALLI, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. 5.Y.SRIRAM, S/O.HANUMANTHAIAH, AGED 20 YEARS, ADURUPALLI, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. 6.Y.PENCHALA PRASAD, S/O.SUBBAIAH AGED 30 YEARS, ADURUPALLI,CHEJERLAMANDAL,SPSR NELLOREDISTRICT. 7.N.ADEMMA, S/O.RAMANAIAH AGED 44 YEARS, ADURUPALLI. CHEJERLA MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATI, ANDHRA PRADESH. 2 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, CHEJERLA MANDAL, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, ADURUPALLI, CHEJERLA MANDAL, SPSR NELLORE DISTNCT. ...RESPONDENT(S): COUNSEL FOR THE PETITIONER(S): 1.DEVASRI ROSHAN KANCHARLA COUNSEL FOR THE RESPONDENT(S): 1.GP FOR REVENUE The Court made the following; ORAL ORDER: The prayer sought in the Writ Petition is as under: ‘‘..to issue a writ or order which is more particularly one in the nature of Mandamus declaring the action of the Respondents, more particularly Respondent Nos. 3 and 4, in the Petitioners from their lands, in forcibly trying to dispossess situated in Sy.No.596 of Adurupalli Village, Chejerla Mandal, SPSR Nellore District admeasuring an extent ofOAnkams (-1.48 cents) each and trying to issue the House Site Pattas to third parties without following any procedure contemplated under the law as being illegal, arbitrary, violative to cardinal principles of natural justice and violative to Article 19, 21 and 300-A of the Indian Constitution and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners land situated in Sy.No.596 of Adurupalli Village, Chejerla Mandal, SPSR Nellore District admeasuring 9 Ankams (-1.48 cents) each and pass....” 3 2. Heard Sri V. Murali Shekar, learned Counsel representing on behalf of Sri B.V. Durga Prasad, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. Sri K. Arjun Chowdary, Learned Assistant Government Pleader for Revenue has submitted the Written Instructions furnished by the Tahsildar, Chejerla Mandal, dated 10.01.2025. Copy of it is served on the Counsel for the Writ Petitioners and the same is taken on record. 3. The relevant portion of the Written Instructions is usefully extracted as 4. under: 1. It is submitted that, an extent of Acs.8.14 in Sy.No. 596 of Adurupalli village, Chejerla Mandal is classified as Dotted (...) land as per the RSR of the village. 2. The then Tahsildar granted possession certificate to the petitioners. 3. The petitioners are not residing in the site at any point of time and in which possession certificate granted to them. 4. The land is vacant on ground and it is not under their possession and enjoyment. Hence dispossess the petitioners from the subject land does not arise. 5. The 4'^ respondent herein, not interfere in any manner to dispossess the petitioners from the subject land. Even today, the 4 respondent herein not issued any notice to the writ petitioners, as the land is not required to the Government right now. th 6. If the land is required to the Government for any public purpose, action will be initiated strictly in accordance with duly following provisions of contemplated laws. 1. The writ petitioners with an assumption approached this Hon'ble Court. Hence, the writ petition is liable for dismissal. The above extract would indicate that the 4^^ Respondent had not interfered in any manner to dispossess the Petitioner from the subject land. It 5. 4 4 is also stated that the 4'^ Respondent has not issued any Notice to the Writ Petitioner as the land is not required to the Government right now. Having regard to the above facts of this case and the Written Instructions, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to follow due process of law, if any action is sought to be initiated in the future. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR / 6. 7. 8. //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Andhra Pradesh. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Chejerla Mandal, SPSR Nellore District. 4. The Tahsildar, Adurupalli, Chejerla Mandal, SPSR Nellore Distinct. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT 7. Three C.D. Copies. Cnr HIGH COURT DATED:27/01/2025 ORDER WP.No.545 of 2025 I 17 FEB 2K5 ^ . Current oecuun > o Co DISPOSING THE W.P. WITHOUT COSTS