APHC010167762020 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: 10550/2020 Between: 1. KELLA INDIRA,, W/O KELLA SATYANARAYANA, AGED ABOUT 68 YEARS, OCC HOUSE WIFE, R/O. ITI COLONY, BOBBILI TOWN, BOBBILI MANDAL, VIZIANAGARAM DISTRICT 2. KELLA NARAYANAMMA,, W/O LATE. KELLA APPA RAO, AGED ABOUT 70 YEARS, OCC HOUSE WIFE, R/O. METTAVALASA VILLAGE, BOBBILI MANDAL, VIZIANAGARAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, PARVATHIPURAM SUB DIVISION, VIZIANAGARAM DISTRICT 4. THE TAHSILDAR, BOBBILI MANDAL, VIZIANAGARAM 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 topleased to issue a writ of mandarrius or any other appropriate writ or direction declaring the highhanded action of the respondents No. 2 to 4 2 HBKM,J W.P.No.10550 of 2020 herein in proposing to provide house sites to the weaker sections under Navaratnalu Pedhalu Andariki Illu scheme in petitioner's lands situated in Sy No. 608-1 to an extent of Ac 4.32 cents of Gollapalli Revenue Village, Bobbili Mandal, Vizianagaram 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 petitioners from the possession and enjoyment of the lands situated in Sy No. 608-1 to an extent of Ac 4.32 cents of Gollapalli Revenue Village, Bobbili Mandal, Vizianagaram 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 pleased to stay of all further proceedings including dispossession of the petitioners from the lands situated in Sy No. 608-1 to an extent of Ac 4.32 cents of Gollapalli Revenue Village, Bobbili Mandal, Vizianagaram District pending disposal of the writ petition. IA NO: 2 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 Pleased to vacate the interim order dt 02-07-2020 passed in WP. 10550 of 2020 and to pass Counsel for the Petitioner(S): 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.10550 of 2020 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition is 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 petitioners’ lands situated in Sy.No.608-1 to an extent of Ac.4.32 cents of Gollapalli Revenue Village, Bobbili Mandal, Vizianagaram 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 counter affidavit of the 4th respondent submits that there is no proposal over the subject land to provide any house site for the welfare of the poor persons and the petitioners encroached upon the adjacent land and the petitioners are the encroachers over the subject land. 4. In reply, the learned counsel for the petitioners submits that as per the adangal dated 17.06.2020, the petitioners’ names are 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.4.32 4 HBKM,J W.P.No.10550 of 2020 cents in Sy.No.608-1 of Gollapalli Revenue Village, Bobbili Mandal, Vizianagaram District strictly in accordance with law and if the petitioners are otherwise found to be even as encroachers, they shall be dealt with strictly in accordance with law, by giving due opportunity of hearing to all the parties concerned, including the petitioners 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. 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 Dt: 23.09.2025 sj 5 HBKM,J W.P.No.10550 of 2020 77 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 10550 of 2020 Dt: 23.09.2025 sj