APHC010072292020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4300/2020 Between: 1. K PADMAVATHI, W/O. K. DHANUNJAYA, AGED 61 YEARS, RIO. H.NO.1-7A, NEAR ANJANEYA TEMPLE, KUDERU, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRCT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DISTRICT. 4. THE THASILDAR, KUDERU MANDAL, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S): 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 tobe pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 4th respondent in attempting to dispossess the petitioner from the land in Sy.508 to an extent of Ac.2-00 cents and in Sy.No.509 to an Extent of Ac.1-00 cents situated at Kuderu Village and Mandal, Ananthapuramu District and also trying to allot the subject land in favour of third parties for the purpose of providing house sites without issuing any notice, without following any procedure under law as illegal and arbitrary and consequently direct the respondents 2 to 4 not to dispossess the petitioner from the land in question IA NO: 1 OF 2020 2 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 pleased to direct the respondents 2 to 4 not to dispossess the petitioner from the land in Sy.508 to an extent of Ac.2-00 cents and in Sy.No.509 to an Extent of Ac.1-00 cents situated at Kuderu Village and Mandal, Ananthapuramu District by restraining the 4th respondent from allotting_ the subject land in favour of some third parties, pending disposal of the writ petition Counsel for the Petitioner: 1. KATA SAMBASIVA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 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 4th respondent in attempting to dispossess the petitioner from the land in Sy.No.508 to an extent of Ac.2.00 cents and in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District and also trying to allot the subject lands in favour of the third parties without issuing any notice and without following any procedure. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 20.08.2025 submits that the land in an extent of Ac.9.54 cents is classified as Government dry patta land and as per the web land portal in the said Sy.No.508-1 an extent of Ac.2.00 cents stands in the name of the petitioner vide IB No.1765. The land in an extent of Ac.23.44 cents in Sy.No.509 is classified as Government poramboke <vagu= as per the R.S.R. of Kuderu Village. The portion of it in an extent of Ac.1.00 cents is claimed by the petitioner as part of the Sy.No.509. Since it is a water body, it is inalienable Government property and not assignable as per the Andhra Pradesh Board Standing Orders and land Assignment Rules. 4. The petitioner’s possession, if any, in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District is illegal and nothing but an encroachment. 4 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to protect the water body in Sy.No.509 situated at Kuderu Village and Mandal, Ananthapuramu District, by removing the encroachments, if any, in its total extent in accordance with law. It is the duty of the respondents to protect the water bodies by all means avoiding the encroachments and illegal possessions in water bodies. For which, the respondent Nos.2 to 4 are directed to take steps to protect the land claimed by the petitioner in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District by following the due process, if the petitioner is otherwise found to be in possession of the same, she shall be evicted 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. The written instructions are made as part of the Court Bundle. 6. Accordingly, the Writ Petition is disposed of. 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 22.09.2025 SCH 5 167 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.4300 of 2020 Date: 22.09.2025 SCH