IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NOS: 16344.16349.16363 OF 2016 AND 15077 OF 2017 WRIT PETITION NO: 16344 OF 2016 Between: Kanumuri Satya Vijaya Venkata Suryanarayana Raju, S/o.Venkata Subba Raju. aged 69 years, Cultivation, Opp: High School, Ai- Bhimavaram, Akividu Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Bhimavaram, West Godavari District. 3. The Sub Collector/Revenue Divisional officer, Bhimavaram, West Godavari District. 4. The Tahsildar, Akividu Marjdal, Akividu, West Godavari District. (Cause title is amended as per the court’s order dt. 25.04.2025 in lA No. 3/2024 in Writ Petition and affidavit) ...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 order or direction more particularly in the nature of may / 4 Writ of Mandamus declaring the highhanded action of the 4th respondent in taking possession of the petitioner's subject property i.e., fish tank admeasuring Ac.2-42 cents in Survey No.152, Dumpagadapa Village, Akividu Mandal, West Godavari District with the help of their officials pursuant to the impugned order vide Roc.No.196/2013/DT(1), Dated:09.05.2016 passed by 4th respondent which was served to petitioner on 10.05.2016 at 1.00 p.m. as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned order vide Roc.No.196/2013/DT(1), dated:09.05.2016 in the light of Full Bench Judgment of the Apex Court reported in (1982) 2 SCC 134 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case. I-A. NO: 1 OF 2016fWPMP. NO: 20204 OF 2016) 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 direct the respondents to maintain status quo ante by continuing the possession of the petitioner in his fish tank admeasuring Ac.2-42 cents in survey No. 152, Dumpagadapa Village, Akividu Mandal, West Godavari District till disposal of the appeal preferred by the -petitioner before the 3rd respondent. Counsel for the Petitioner: SRI. K K DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE WRIT PETITION NO: 16349 OF 2016 Between: Pinnamaraju Ramachandra Raju, S/o.Venkata Raju, aged 65 years, Cultivation, R/o.D.No.HIG-44, APHB Colony, Bhimavaram, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Bhimavaram, West Godavari District. The Sub Collector/Revenue Divisional officer, Bhimavaram, West Godavari District. 2. 3. 4. The Tahsildar, Akividu Mandal, Akividu, West Godavari District (Cause title is amended as per the Court’s order dt. 25.04.2025 in lA No. 03/2024 in Writ Petition and affidavit) ...Respondents 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 to issue an order or direction more particularly in the nature of Writ of Mandamus declaring the highhanded action of the 4th respondent in taking possession of the petitioner's subject property i.e., fish tank admeasuring Ac.0-33 1/2 cents in Survey No. 152, Dumpagadapa Village, Akividu Mandal, West Godavari District with the help of their officials impugned order vide Roc.No.196/2013/DT(2), Dated:09.05.2016 passed by 4th respondent which was served to petitioner on 10.05.2016 at 7.30 p.m. as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned order vide pursuant to the 'W Roc.No.196/2013/DT(2), datecl:09.05.2016 in the light of Full Bench Judgment of the Apex Court reported in (1982) 2 SCC 134. I.A. NO: 1 OF 2016(WPMP. NO: 20209 OF 2016) 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 to maintain statusquo ante by continuing the possession of the petitioner in his fish tank admeasuring Ac.0-33 1/2 cents in survey No. 152, Dumpagadapa Village, Akividu Mandal, West Godavari District till disposal of the appeal preferred by the petitioner before the 3rd respondent. Counsel for the Petitioner: SRI. K K DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE (AP) WRIT PETITION NO: 16363 OF 2016 Between: Pinnamaraju Sitharama Raju, S/o.Venkata Raju, aged 72 years, Cultivation, R/o.D.No.3-23, Panchayat Veedhi, Near Water Tank, Dharmapuram, Akividu Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal, Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Bhimavaram, West Godavari District. The Sub Collector/Revenue Divisional Officer,Bhimavaram, West Godavari District. 2. 3. 4. The Tahsildar, Akividu Mandal, Akividu, West Godavari District. ( Cause Title is amended as per the Court’s order dt. 25.04.2025 in lA No. 3 of 2024 in Writ Petition and affidavit) ...Respondents 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 to Issue an order or direction more particularly in the nature of Writ of Mandamus declaring the highhanded action of the 4th respondent in fish tank taking possession of the petitioner's subject property i.e. admeasuring Ac.0-33 1/2 cents in Survey No. 152, Dumpagadapa Village, Akividu Mandal, West Godavari District with the help of their officials Roc.No.196/2013/DT(3), impugned order vide pursuant to the Dated;09.05./016 passed by 4th respondent which was served to petitioner on 10.05.2016 at 1.00 O.m. as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the impugned order vide Roc.No.196/2013/DT(3), dated:09.05.2016 in the light of Full Bench Judgment of the Apex Court reported in (1982) 2 SCC 134. I.A. NO: 1 OF 2016(WPMP. NO: 20224 OF 2016) 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 direct the Respondents to maintain statusquo ante by continuing the possession of the Petitioner in his fish tank admeasuring Ac. 0-33 1/2 cents in Survey No. 152, Dumpagadapa Village, Akividu Mandal, West Godavari District till disposal of the Appeal preferred by the petitioner before the 3rd respondent. Counsel for the Petitioner: SRI. K K DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE Tp WRIT PETITION NO: 15077 OF 2017 Between: Pinnamaraju Sundara Rama Raju, S/o. Sitarama Raju, aged about 72 Yrs., R/o. Dumpagadapa(V), Bhimavaram Taluka, West Godvari District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal secretary Revenue Department., Secretariat Buildings, Velagapudi, Krishna District. 2. The District Collector, Eluru, West Godavari District. 3. The Sub Collector/Revenue Divisional Officer, Narsapur, West Godavari District. 4. The Tahsildar, Akvidu(M), Akvidu, West Godavari 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 may be pleased to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent has taken paper possession straight away on 11.05.2016 of petitioner's land an extent of Ac. 0.94 1/2 without issuing separate notice and without giving opportunity to the petitioner as a land owner to an extent of Ac. 0.94 1/2 cents situated in R.S.No. 152, Dumpagadapa(V) as bad, illegal and arbitrary violation of Articles 14, 21 & 300-A of constitution of India and apart from violation of principles of natural justice and consequently direct the 4th respondent return back the same to the petitioner. LA. NO: 1 OF 2017(WPMP. NO: 18637 OF 2017) 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 4th respondent to return back possession of petitioner's land an extent of Ac. 0.94 1/2 cents situated in R.S.No. 152, Dumpagadapa(V) taken on 11.05.2016. Counsel for the Petitioner: M/s 1 K ANNAPURNA Counsel for the Respondents: GP FOR REVENUE The Court made the following Common Order: APHC010654182016 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI (Special Original Jurisdiction) [3206] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AMD TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 16344/2016 Between: Kanurnuri Satya Vijaya Venkata Suryanarayana Raju, AND ...PETITIONER ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 16349/2016 Between: ...PETITIONER Pinnamaraju Ramacharidra Raju, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others WRIT PETITION NO: 16363/2016 Between: ...PETITIONER Pinnamaraju Sitharama Raju AND ...RESPONDENT(S) The State Of Andhra Pradesh Rep E^y Its Piincipal and Others 2 RRR,J W.P.Nos.16344 of 2016 & batch \ WRIT PETITION NO: 15077/2017 Between: Pinnamaraju Sundara Rama Raju, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioners: 1.KKDURGA PRASAD 2. I.K. ANNAPURNA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the follovi/ing Common Order: The case of the petitioners in all these Writ Petitions is that, an extent of Ac.2.42 1/3'^^ cents, in R.S.No.152, Durnpagadapa Village, yMdvidu Mandal, West Godavari District, belonged to the Family of Sri S.T.P. Ramanujacharyulu & Sri S.T.P.T. Raghavacharyulu. The said persons, had filed O.S.No.6 of 1934, before the learned Sub Judge at Narsapur, for a declaration of title and the same has decreed and has become final as no Appeal has been filed against this Order. Subsequently, these two persons are said to have filed E.P.No.45 of 1942, for effecting a change in the A-Register as per the decree passed by the learned Sub Judge. In this proceeding, the Government is said to have informed the Court that. necessary changes had been entere<1, on 10.06.1940 itself and no further changes were necessary. 3 RRR,J W.P. Nos. 16344 of 2016 & batch Subsequently, upon the death of Sri S.T.P. Ramanujacharyulu, Sri S.T.P.T. Raghavacharyulu, is said to have become the owner of the entire land. The petitioners in W.P.Nos.16344, 16349 & 16363 of 2016, purchased the entire extent of Ac.2.42 1/3'^ cents of land. However, the petitioner, in W.P.No.15077 of 2017, also makes a claim of having entry into an agreement of sale, dated 09.06.1980 with Sri S.T.P.T. Raghavacharyulu for an extent of 2. Ac.0.94 Vi cents. 3. The petitioners in W.P.Nos.16344, 16349 & 16363 of 2016, were served with notices under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, wherein the Tahsildar took the stand that the said land was Government land and that the petitioners were in illegal occupation of the said land. After receipt of this notice, dated 25.04.2016, the petitioners filed O.S.No.27 of 2016 before the learned 111 Additional District Judge, Bhimavaram 29.04.2016, for a declaration that the notice, dated 25.04.2016, is illegal and for a consequential permanent injunction restraining the Revenue Authorities from interfering with the possession of the petitioners over the said land. on 4 jhe respondents had issued a notice under Section 6, on 05.05.2016, and called upon the petitioners to hand over the land in two (02) days time. Aggrieved by the same, the petitioners had approached the erstwhile High Court of Andhra Pradesh, on 06.05.2016, by way of W.P.No.16069 of 2016. The erstwhile High Court, by an order, dated 07.05.2016, disposed of the Writ Petition with a direction to the Authorities to maintain Ststus quo till RRR,J W.P. Nos. 16344 of 2016 & batch 10.05.2016, for the purpose of enabling the petitioners to avail of their Appellate remedy. Even as the petitioners moved the Revenue Divisional Officer, by way of an Appeal, on 10.05.2016, the respondent Authorities had pasted an order, on 10.05.2016, said to have been passed, under Section 6 of the Land Encroachment Act, 1905, on 09.05.2016. Thereafter, the Revenue Authorities without giving am opportunity to the petitioners, had forcibly taken over the possession of the land, on 11.05.2016. This land is said to have been handed over to the Gram Panchayat subsequently. Aggrieved by these actions, of the Official Respondents, in dispossessing the petitioners, W.P.Nos.16344, 16349 & 16363 of 2016, came to be filed by the petitioners. 5. 6. The petitioner in W.P.No.15077 of 2017, also approached this Court, on of the said land and that, the the ground that, he was in possession Respondent Authorities could not have taken over his possession by showing alleged dispossession of the petitioners in W.P.Nos.16344, 16349 & 16363 of 2016. The petitioners in W.IP.Ncs.16344, 16349 & 16363 of 2016, would also contend that the Respondent Authorities are bound by the judgment and decree of the learned Sub Judge, Narsapur, in O.S.No.6 of 1934 and their admission in E.P.No.45 of 1942. It is submitted that, in such circumstances, the action of the Respondent Authorities in declaring the said land to be 7. •X m 5 RRR,J W.P.Nos.16344 of 2016 & batch Government land and taking possession of the said land under the provisions of the Land Encroachment Act, 1905, are clearly violative of the law. The learned Assistant Government Pleader for Revenue appearing for 8. the respondents, would submit that, the petitioners having availed of their alternative remedy of filing an Appeal under the provisions of the Land Encroachment Act cannot maintain the present Writ Petitions as this would amount to the petitioners being permitted two parallel remedies against the same order. Learned counsel for the petitioner, in W.P.No.15077 of 2017, would contend that, the actions of the Respondent Authorities in evicting the petitioner in W.P.No. 15077 of 2017, without issuance of any notice or proceedings under the Land Encroachment Act is violative of the law and that, the petitioner requires to be put back in possession. 9. In the circumstances and keeping in view the fact that, the Appeals have already been filed against the Orders passed under the Land Encroachment Act, 1905, it would be appropriate to dispose of these Writ 10. Petitions with the following directions: (i). The Revenue Divisional Officer, Bliimavaram (earlier R.D.O. Narsapur) shall dispose of the Appeals filed by the petitioners in W.P.Nos. 16344, 16349 & 16363 of 2016 within a period of two (02) months 6 RRR,J W.P.Nos.16344 of 2016 & batch from the date of receipt of this order, after due notice and opportunity being given to the petitioners. ' ^ The petitioner, in W.P.No. 15077 of 2017, shall also be permitted to implead himself in these Appeals and put forth his case as to his claim over the said land. (ii). The Revenue Divisional Officer, Bhimavaram shall first determine to whether the land would be Government land or is covered by the judgment and decree of the learned Sub Judge, Narsapur, in O.S.No.6 of 1934. In the event of such a finding being given, the Revenue Divisional Officer, Bhimavaram, shall then go into the question that who is entitled to be put back in possession. (iii). as (iv). If there is a finding, by the Sub-Collector/Revenue Divisional Officer, Bhimavaram, that the land is Government land, it would be open to the petitioners to challenge the same before an appropriate Forum. There shall be no order as to costs. As a sequel, pending nniscellaneous applications, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Bhimavaram, West Godavari District. It 3. The Sub Collector/Revenue Divisional officer, Bhimavaram, West Godavari District. The Sub Collector/Revenue Divisional Officer, Narsapur, West Godavari District. 4. 5. The Tahsildar, Akividu Mandal, Akividu, West Godavari District. 6. One CC to Sri K K Durga Prasad Advocate [OPUC] 7. One CC to M/s I K Annapurna Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies GSC (gsg) HIGH COURT DATED:25/04/2025 COMMON ORDER WP.Nos. 16344,16349,16363 of 2016 and 15077 of 2017 ; 0 3 JUL 2025 I Co rrentSectigo-^^ DISPOSING THE WPS WITHOUT COSTS