a V APHC010741852016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16859 OF 2016 Between: G.Savitri, W/o. Late G.A.Swamy, Aged about: 52 years, Occ: Housewife R/o. 44-36-10/3, Srinivasa Nagar, Akkayyapalem, Visakhapatnam -16. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue), A.P- Secretariat Buildings, Hyderabad. 2. The District Collector Visakhapatnam District. 3. The Special Officer, (Competent Authority) - cum-Joint Collector, Urban Land Ceiling, Visakhapatnam District. 4. The Mandal Revenue Officer, (Urban) Seethammadhara, Visakhapatnam. •• ...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 toto issue a Writ, Order or Direction, more particularly one in the nature of a "Writ of Mandamus" declaring the action of the Respondents as illegal, arbitrary, without jurisdiction and in violation of principles of natural justice in interfering in the property of the Petitioner admeasuring an extent of 496.58 sq. yards situate in Survey No. 40 Part, Doitdaparthi Village and Taluka, Akkayapalem, Visakhapatnam Town and District without any intimation or notice and issue consequential direction to the Respondents not to interfere with the peaceful possession, ownership and title of the Petitioner in the subject property. lA NO: 1 OF 2016(WPMP 20751 OF 2016 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 interfere with the title, ownership and possession of the Petitioner with respect to the subject property admeasuring an extent of 496.58 sq. yards situate in Survey No. 40 Part, Dondaparthi Village and Taluka, Akkayapalem, Visakhapatnam Town and District. lA NO: 2 OF 2016fWPMP 20752 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 remove the board installed in the subject property of the Petitioner admeasuring an extent of 496.58 sq. yards situate in Survey No. 40 Part, Dondaparthi Village and Taluka, Akkayapalem, Visakhapatnam Town and District. Counsel for the Petitioner: SRI A. RAVI KIRAN FOR SRI N. ASHWANI KUMAR Counsel for the Respondents: Ms. S. PRANATHI, REPRESENTING ON BEHALF OF LEANRNED GP FOR REVENUE The Court made the following order: f k >* APHC010741852016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16859 OF 2016 Between: 1. G.Savitri,, W/o Late G.A.Swamy, Aged about; 52 years, Occ: Housewife Rio 44-36-10/3, Srinivasa Nagar, Akkayyapalem, Visakhapatnam -16. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue), A.P- Secretariat Buildings, Hyderabad. 2. The District Collector Visakhapatnam District, - 3. The Special Officer, (Competent Authority) - cum-Joint Collector, Urban Land Ceiling, Visakhapatnam District. 4. The Mandal Revenue Officer, (Urban) Seethammadhara, Visakhapatnam. ...Respondents Counsel for the Petitioner: N ASHWANI KUMAR Counsel for the Respondents: GP FOR ASSIGNMENT (AP) Counsel for the Respondents:GP FOR REVENUE (AP) 2 The Court made the following ORAL ORDER: Heard Sri A. Ravi Kiran, learned Counsel appearing on behalf of Sri N. Ashwani Kumar, learned Counsel for the Writ Petitioner and Ms. S. Pranathi, learned Counsel representing on behalf of learned Government Pleader for Revenue. 2. The prayer sought in the present Writ Petition is as under: “ to issue a Writ, Order or Direction, more particularly one in the nature of a "Writ of Mandamus" declaring the action of the Respondents as illegal, arbitrary, without jurisdiction and in violation of principles of natural justice in interfering in the property of the Petitioner admeasuring an extent of 496.58 sq. yards situated in Survey No. 40 Part, Dondaparthi Village and Taluka, Akkayapalem, Visakhapatnam Town and District without any intimation or notice and issue consequential direction to the Respondents not to interfere with the peaceful possession, ownership and title of the Petitioner in the subject property and pass such other or orders as this Hon’ble Court deems fit and proper in the circumstances of the case”. 3. The contention of the Writ Petitioner is that the father of the Writ Petitioner is a ryotwari patta holder under the Act, 1956. The Writ Petitioner has purchased the land of an extent of 496.58 square yards situated in Sy.No.40 Part, Dondaparthi Village and Taluka, Akkayapalem, VisakhapatnamTown and District from his vendor one Sri Surisetty Eswar Rao vide Registered Sale Deed dated 30.11.1990 (Document No. 10307 of 1990) (Ex.P.1). It is the submission of the Writ Petitioner that the erstwhile vendor as well as the Writ Petitioner has been in peaceful possession and enjoyment of the subject scheduled property. 4. Learned Counsel for the Writ Petitioner would submit that vide Proceeding bearing SR.No.26/1972/90/A1 dated 06.11.1990 (Ex.P.2), Respondent No.3 namely the Special Officer-cum-Competent Authority, Urban Land Ceiling, Visakhapatnamhas issued an Order and an Endorsement that the subject scheduled property is neither declared an excess land nor is it held by a landlord who is declared as an excess land holder and that the 3 Competent Authority does not propose to exercise the first option to purchase the land belonging to the Writ Petitioner. 5. Learned Counsel for the Writ Petitioner would submit that the Proceeding dated 06.11.1990 (Ex.P.2) would clearly establish that the subject scheduled property is not an excess land nor was it possessed by any landlord who was declared as an excess land holder. 6. It is submitted that the Respondent No.4 namely the Tahsildar has erected a board indicating that the property belongs to the Government and any occupier would be dealt with under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. 7. While the present Writ Petition has been filed in the year 2016, the Government has not evinced any interest in filing the Counter Affidavit so far. After this Writ Petition having been listed once on 27.06.2017, this has once again been listed for hearing before this Court on 28.07.2025; 30.07.2025; 18.08.2025; 19.08.2025 & 01.09.2025. On all these dates, the learned Counsel appearing on behalf of Government had taken adjournments by citing different reasons. Nevertheless, there is neither any assistance from the side of the Government nor had the Government filed any Counter Affidavit, muchless, any documents having been filed. 8. In this view of the matter, this Court is rather constrained to allow this Writ Petition on the strength of the Registered Sale Deed dated 06.11.1990 (Ex.P.2) and also by deeming that there is no defence to offer. Accordingly, this Writ Petition is allowed. Consequently, the Respondents are directed to remove the boards erected by them in the scheduled land and also remove any other obstructions. No Order as to Costs. I 4 9. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (Revenue), State of Andhra Pradesh, A.P- Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The District Collector Visakhapatnam District. The Special Officer, (Competent Authority) - cum-Joint Collector, Urban 2. 3. Land Ceiling, Visakhapatnam District. 4. The Mandal Revenue Officer, (Urban) Seethammadhara, Visakhapatnam. 5. One CC to Sri N. Ashwani Kumar, Advocate [OPUC; Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 6. 7. Cnr V high court DATED:17/09/2025 S( 0INOV 2025 ef NjSlaiwitSecfioji---^ ORDER WP NO. 16859 OF 2016 allowing the w.p. WITHOUT COSTS