APHC010174822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 11094/2020 Between: 1. P MAHALAKSHMI, W/O SURYANARAYANA AGE 64 R/O. CHINNAPATNANAPETA VILLAGE, THEPPALAVALASA REVENUE VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT PRESENTLY RESIDING AT MURAPAKA VILLAGE, LAVERU MANDALM SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT SRIKAKULAM 3. THE REVENUE DIVISIONAL OFFICER, SRIKAKULAM SUB DIVISION, SRIKAKULAM DISTRICT 4. THE TAHSILDAR, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT 5. THE THEPPALAVALASA GRAM PANCHAYAT, THEPPALAVALASA VILLAGE, RANASTHALAM MANDAL, SRIKAKULAM DISTRICT REP BY ITS PANCHAYAT SECRETARY/PERSON-IN-CHARGE ...RESPONDENT(S): 2 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 of mandamus or any other appropriate writ or direction declaring the highhanded action of the respondents No. 2 to 4 herein in proposing to provide house sites to the weaker sections under Navaratnalu Pedhalu Andariki Illu scheme in petitioners land situated in Sy.No. 112-7 to an extent of in Ac 0.46 cents of Theppalavalasa Village, Ranasthalam Mandal, Srikakulam District, without issuing any notice, without initiating the proceedings under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013), and without following the due process of law as illegal, arbitrary, against the principles on natural justice and consequently direct the respondents No. 2 to 4 not dispossess the petitioner from the possession and enjoyment of the land in Sy.No. 112-7 to an extent of in Ac 0.46 cents of Theppalavalasa Village, Ranasthalam Mandal, Srikakulam District and pass IA NO: 1 OF 2020 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 stay of all further proceedings including dispossession of the petitioner from the land in Sy.No. 112-7 to an extent of in Ac 0.46 cents of Theppalavalasa Village, Ranasthalam Mandal, Srikakulam District, pending disposal of the writ petition. Counsel for the Petitioner: 1. TADDI SOWMYA NAIDU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 to 4 herein in proposing to provide house sites to the weaker sections under <Navaratnalu Pedalu Andariki Illu= Scheme in petitioner’s land situated in Sy.No.112-7 to an extent of Ac.0.46 cents of Theppalavalasa Village, Ranasthalam Mandal, Srikakulam District without issuing any notice, without initiating the proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013), and without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 22.09.2025 submits that during the field enquiry, it is found that the said assigned lands were found to be alienated by the original assignees to third parties in violation of the provisions of the A.P. Assigned Lands (POT) Act, 1977. Therefore the then Tahsildar initiated resumption proceedings under POT Act, 1977. By issuing notices to the assignees/ legal heirs and the purchasers/ transferee in Form-I and Form-II respectively and upon conducting enquiry and receiving of objections, passed resumption orders vide Rc.No.264/2020 A dated 03.06.2020. 4 4. In reply, the learned counsel for the petitioner submits that as per the adangal dated 11.03.2020, the name of the petitioner is shown against the subject land. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land to an extent of Ac.0.46 cents in Sy.No.112-7 of Theppalavalasa Village, Ranasthalam Mandal, Srikakulam District strictly in accordance with law and if the petitioner is otherwise found to be even as encroacher, she shall be dealt with strictly in accordance with law, by giving due opportunity of hearing to all the parties concerned, including the petitioner and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. It is the duty of the respondent Nos.2 to 4 to protect the government land by removing the encroachers following the due procedure. 6. Accordingly, this Writ Petition is disposed of. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the court record. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.09.2025 NNN