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2025 DAILYLAW 44002 (AP)

Avva Appalaramulu @ Appalaramaiah, v. The State of Andhra Pradesh,

WP/9587/2025 · 2025-04-15

T C D Sekhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9587 OF 2025 Between: 1. Avva Appalaramulu @ Appalaramaiah, S/o Late Ramaiah Aged about 85 years, Occ- Cultivation, R/o Door No. 1-93, Pedda street, Rajapuram Village, Belamara Post, Polaki Mandal, Srikakulam District 2. Avva Santharao, S/o Appalaramaiah, Aged about 45 years, Occ- Cultivation, R/o Door No. 1-93, Pedda street, Rajapuram Village, Belamara Post, Polaki Mandal, Srikakulam District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Buildings, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Srikakulam , Srikakulam District, 3. The Tahsildar, Polaki Mandal, Srikakulam District 4. The Village Revenue officer, GuppidipetaGramaSachivalayam, Polaki Mandal, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the action of the 3rd and 4th Respondent without any notice or procedure established by law, interfering into my subject schedule property Ac.0.30 cents of agriculture may 4 land in Sy No. 9-75, situated in Rajapuram village, Guppidipeta Grama Panchyat, of Polaki Mandal of Srikakulam district by trying bunds with JCB Machine, to remove field as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustainable and direct the Respondents to forbear from taking any further steps in that regard. lA NO: 1 OF 2C)7R 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 not to interfere into the petitioner's scheduled property an extent of Ac.0.30 cents of agriculture 9-75, situated in Rajapuram village, Guppidipeta Grama Panchyat Mandal of Srikakulam district. Counsel for the Petitioner: SRI UMASANKAR LOKANADHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER land in Sy No. of Polaki I APHC010189352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9587/2025 Between: ...PETITIONER(S) Avva Appalaramulu @ Appalaramaiah, and another AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 ORDER: 1. The petitioners claim that they are the owners and possessors of land admeasuring an extent of Ac.0.30 cents in Sy.No.9-75 of Rajapuram Village, Guppidipeta Grama Panchayat, Polaki Mandal, Srikakulam District, having purchased the same by virtue of unregistered sale deed dated 16.03.1986 from one Chitturi Nukayya. Subsequently, in the year 1992, the vendor’s son raised a dispute against the sale of the property to the petitioners. However, they have compromised and settled the issue by paying another sale consideration to the vendor’s son by way of another unregistered sale deed dated 05.05.1992. The petitioners further claim that since the date of purchase, they have been in possession and enjoyment of the said property. It is further case of the petitioners that while so, the 4^*^ respondent came to the subject land, along with his staff and tried to dispossess the petitioners by stating that the petitioners are in unauthorized possession of the land and as the same is classified as Tank’ in revenue records. The petitioners further claim that they are the bonafide purchasers of land for valid consideration, and since respondents No.4 and 5 are trying to interfere with their 3 possession without issuing any notice, the petitioners approached this Court by filing the writ petition. 2. On the other hand, Assistant Government Pleader for Revenue placed instructions dated 14.04.2025 furnished by the 4**^ respondent. On perusal of the said instructions, it is stating that the subject land is classified as Tank’ in the revenue records and the same was resumed from the petitioners and handed over to the Mandal Parishad Development Officer, Polaki, for reclamation under MGNREGS. It is further contended that the petitioners by suppressing the real facts of the case, approached this Court. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 3. 4. Perused the material on record. On perusal of the averments made in the affidavit filed in support of the writ petition, it is clear that the petitioner has purchased the subject property under unregistered sale deeds. It is further stated in the affidavit that the vendor of the petitioners was assigned the subject land. In support of the claim of the petitioners, nothing is placed on record to show that their vendor 5. 4 was assigned the subject land, so as to claim that the petitioners are bonafide purchasers. Further, on perusal of the counter affidavit, it is categorically stated that the subject land is classified as tank. It is further stated no assignment was granted to anybody including the vendor of the petitioners in respect of subject lands. It is further averred that the petitioners have purchased the subject from the one of the encroachers and the same will not confer title on them. It is further stated that the subject land was resumed from the petitioners and therefore the question of dispossessing the petitioners does not arise. 6. In view of the above, there are no merits in the writ petition, accordingly the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Umasankar Lokanadham Advocate [OPUC] 2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 3. Three CD Copies TF HIGH COURT DATED: 16/04/2025 ORDER WP.No.9587 of 2025 c? 0 7 OCr 2025 I <3 OS’ Ps:/i DISMISSING THE W.P., WITHOUT COSTS