IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 603 OF 2020 Between: Nalluri Anjaneyulu, S/o.Sriramulu, Aged about 67 years, Occ- Cultivation, R/o.Mangamuru village, Santhanuthalapadu Mandal, Prakasam District ...PETITIONER AND 1. State of Andhra Pradesh., Ref by its Principal Secretary to Government. Revenue Department, Secretariat, Velagapudi. Amaravati, Guntur District. 2. District Collector., Prakasam District at Ongole. 3. Revenue Divisional Officer, Ongole Revenue Division, Ongole city, Prakasam District. 4. Tahsildar, Santhanuthalapadu Mandal. Prakasam District. 5. Mangamuru Gramapanchayat., Rep.by its Panchayat Secretary, Mangamuru Gramapanchayat village. Santhanuthalapadu Mandal, Prakasam 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in making efforts to demolish and dispossess the petitioner's from his house site in bearing Door No.2-2B in Survey No.241 of Mangamuru Revenue village in may Santhanuthalapadu Mandal of Prakasam District i iri’ Rc.No.DT/169/2019.. m pursuance of proceedings respondent as illegal, irregular, without and 300 A of Constitution of India not to interfere in any manner with possession and enjoyment of the aforesaid house dated 24- 12-2019 issued by the 4th 5th^ respondent notice dated 06-01-2020 jori^iitidn,'arbitrary, violative of Articles 21 and‘consequently direct the respondents the petitioner's peaceful site. lA NO: 1 OF 7000 Petition under Section 151 CPC stated in the affidavit filed i be pleased to grant stay of all further 24-12-2019 issued by the 4'h respondent, through 5th respondent notice dated 06-01-2020 including dispossession and demolition of house site of the petitioner's from his house and site praying that in the circumstances in support of the writ petition, the High Court may proceedings in Rc.DT/169/2019, dated property for an extent of admeasuring Ac.0.09 cents in bearing Door No,2-2B in Survey No.24 I of Mangamuru Revenue village in Santhanuthalapadu Mandal of Prakasam District, pending disposal of the main writ petition. lA NO: 1 OF 2n?i Between: 1. state of Andhra Pradesh., Ref by its Principal Secretary to Government. Revenue Department, Secretariat, Velagapudi. Amaravati, Guntur District. 2. District Collector., Prakasam District at Ongole. 3. Revenue Divisional Officer, Ongole Revenue Division, Prakasam District. 4. Tahsildar, Santhanuthalapadu Mandal. Prakasam Ongole city. District. Petitioner/Respondents 1 to 4 AND 1. Nalluri Anjaneyulu, S/o.Sriramulu, Aged about 67 years, Occ- Cultivation R/o.Mangamuru village, Santhanuthalapadu Mandal, Prakasam District Respondent/Petitioner 2. Mangamuru Gramapanchayat, Rep.by its Panchayat Secretary, Mangamuru Gramapanchayat village. Santhanuthalapadu Mandal, Prakasam District. (Respondent No.2 is not necessary party to this petition) Respondent No.S/Respondent Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to vacate the interim order granted on 08-01-2020 passed in W.P.No.603 of 2020. may Counsel for the Petitioner: SRI SITA RAM CHAPARLA Counsel for the Respondents No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: — The Court made the following: ORDER / APHC010008672020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 603/2020 Between: Nalluri Anjaneyulu, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SITARAM CHAPARLA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.M SUDHIR 3.m sudhe The Court made the following: ORDER: Challenging the proceedings, dated 24.12.2019, the present writ petition is filed. 2. It is contended that the petitioner has been in occupation of the subject property through his ancestors. It is contended that around 90 years back, the petitioner’s grandfather constructed the house in the subject land and their family death of the petitioner’s grandfather, the subject the petitioner. By removing the old structure the present building which is i was in occupation of the same. After the property fell to the share of the petitioner has constructed IS in an extent of Ac.0.1 Vz cents and thereafter he has also purchased the share of his brother in 2008 and since then, the petitioner is in exclusive possession of the entire land in an extent of Ac.0.11 cents. In the year 2019, when the respondents have interfere with the possession of the subject tried to property, the petitioner has approached this Court by way of the writ petition in W.P.No.16444 of 2019. This Court vide order, dated 22.10.2019 directing the respondents not to dispossess the disposed of the writ petition petitioner in respect of the subject house site property, in respect of the remaining extent this Court directed the 4*^ respondent therein to conduct enquiry as to the possession an appropriate action in accordance with law petitioner. In pursuance thereto of the subject land and take by giving due opportunity to the impugned order is passed. the 3. As noted from the order impugned, the finding of the 4‘'^ respondent is that the subject land is while directing the Mandal Parishad officer of the Grama Panchayat observed that the respect of the subject land and directed the a ‘Grama Kantam’ land, therefore Development Officer, the special petitioner has no right in said authorities to take 3 appropriate action for construction of the Village Secretariat in the subject land. Assailing the said proceedings the present writ petition is filed. 4. This Court vide order, dated 08.01.2019 has granted interim orders directing the parties to maintain ‘Status-Quo’ as of the date. The 4*^ respondent has filed counter stating that as per the directions of this Court he has issued notice to the petitioner and after following the due procedure of law, impugned proceedings were issued 5. directing the Mandal Parishad Development Officer and the special officer of the Grama Panchayat to take possession of the land for construction of th the Village Secretariat. In pursuance of the impugned proceedings, the 5 respondent has issued notice, dated 06.01.2020 to the petitioner directing to remove the articles that belonged him, if any, in the subject land of Ac.0.09 cents. He contends that the petitioner has no right in respect of the subject land, since he did not produce any documents in support of his claim. 6. During the course of arguments, the learned Assistant Government Pleader for Revenue has placed before the Court a copy of the instructions, dated 30.12.2024 received by him from the Tahsildar in the case. A perusal of the same would reflect that the Grama Panchayat has identified an alternate land in Sy.No.255 in an extent of Ac.0.27 cents and constructed the Grama Sachivalayam and Raithu Bharosa Kendram, over the said land. Considered the rival submissions. The earlier direction of this Court was to conduct enquiry in respect of the subject land pertaining to the petitioner. It is stated that though the Tahsildar has conducted enquiry in terms of the said direction, however the writ petitioner did not participate in the said enquiry on account of his hospitalization. The petitioner’s wife has participated in the enquiry. The Tashsildar after enquiry has come to a conclusion that the subject land is a Grama Kantam land. It is the Grama Panchayat which has to take appropriate action, if any land belonging to the Gram Panchayat is in unauthorized occupation. However, the Tahsildar has given a finding that the petitioner has no right in respect of the subject land and directed the Mandal Parishad Development Officer and the special officer of the Grama Panchayat to take possessionof the subject land. Even after, obtaining the legal opinion in the case that in terms of 7. G.O.Ms.No.187 Revenue (Assgn.l) Department, dated 27.05.2015 that ail the lands belonging to the Grama Panchayat would vest with the Grama Panchayat, still the Tahsildar went ahead in passing the order that the petitioner has no right over the subject land, instead of remanding the matter to the Grama Panchayat. 8. In that view of the matter, this Court is of the considered view that the order passed by the Tahsildar is beyond his jurisdiction and the same is hereby set aside and the order appears to have been passed in pre-meditated manner to acquire the same for construction of the buildings wr 5 of Grama Panchayat. The respondents are therefore directed not to dispossess the petitioner from the subject land without recourse to law. With the above observation, the Writ Petition is disposed of. 9. There shall be no order as to costs. As a sequel, ail pending miscellaneous applications shall stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi. Amaravati, Guntur District. The District Collector, Prakasam District at Ongole. The Revenue Divisional Officer, Ongole Revenue Division, Ongole city, Prakasam District. The Tahsildar, Santhanuthalapadu Mandal. Prakasam District. The Panchayat Secretary, Mangamuru Gramapanchayat, Mangamuru Gramapanchayat village. Santhanuthalapadu Mandal, Prakasam District. ^6rOne CC to SRI. SITA RAM CHAPARLA, Advocate [OPUC] J. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 8. One CC to SRI. M. SUDHIR, Advocate [OPUC] 9. Three C.D.Copies 2. 3. 4. 5. nm m HIGH COURT DATED:20/01/2025 ORDER WP.No.603 of 2020 DISPOSING OF THE WP WITHOUT COSTS