APHC010372522020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24832/2020 Between: 1. S. NADIPI FAKRUDDIN,, S/O. PEDDA FAKRUDDIN, AGED 47 YEARS, OCC- AGRICULTURE, R/O.H.NO.1, MAIN ROAD, NEAR ANJANEYA TEMPLE, B.C. COLONY, BACHEPALLI, ALLAGADDA MANDAL, KURNOOL DISTRICT-518543 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE DISTRICT COLLECTOR AND MAGISTRATE, KURNOOL DISTRICT, ANDHRA PRADESH. 2. THE REVENUE DIVISIONAL OFFICER, NANDYAL DIVISION, KURNOOL DISTRICT 3. THE TAHSILDAR, ALLAGADDA MANDAL, KURNOOL DISTRICT. 4. THE BACHEPALLI GRAM PANCHAYAT, REP BY PANCHAYAT SECRETARY, BACHEPALLI, ALLAGADDA MANDAL, KURNOOL DISTRICT-518543 ...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, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in interfering with the peaceful possession and enjoyment of the petitioner land to an extent of Ac.02.66 cents in survey no.478-2 situated in Bachepalli 2 BKM,J W.P.NO.24832 OF 2020 Village, Allagadda Mandal Kurnool district without issuing any notice, without following Land acquisition process and trying to allot the same as House Sites under Navaratnalu Peddalamdariki Illu Program is violation of Art.14, Art.19 (1)(g), Art.21 and Art.300A of Constitution of India, consequently direct the respondents and their men not to interfere with the peaceful possession and enjoyment of the land to an extent of Ac.02.66 cents in survey no.478-2 situated in Bachepalli Village, Allagadda Mandal Kurnool district without following the due proCess of the law 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 direct the Respondents and their men not to interfere with the peaceful possession and enjoyment of petitioners land to an extent of Ac.02.66 cents in survey no.478-2 situated in Bachepalli Village, Allagadda Mandal Kurnool district till disposal of the main writ petition and pass IA NO: 1 OF 2021 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 granted on 23.12.2020 in W.P.No. 24832 of 2020 and pass Counsel for the Petitioner: 1. THANDAVA YOGESH Counsel for the Respondent(S): 1. THANDAVA YOGESH Counsel for the Respondent(S): 1. The Court made the following: 3 BKM,J W.P.NO.24832 OF 2020 ORDER Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the Respondents in interfering with the peaceful possession and enjoyment of the petitioner’s land to an extent of Ac.02.66 cents in survey no.478-2 situated in Bachepalli Village, Allagadda Mandal, Kurnool District, without issuing any notice, without following Land acquisition process and trying to allot the same as House Sites under Navaratnalu Peddalamdariki Illu Program. 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 the land in an extent of Ac.12-36 cents in Sy.No.478/2 is classified as dotted land. As per the RSR, the name of the petitioner is not found in the assignment list/Register. The writ petitioner was not assigned any land under the proceedings dated 23.10.2005. In the Webland Adangal of Bahepalli village, under the column of Pattadar/Enjoyer, the petitioner’s name is entered as a 'purchaser'. Although the petitioner produced a D-Patta, the corresponding assignment entries are not found. Furthermore, the petitioner is not in possession of the subject land, which is found to be vacant, uncultivated, and without any indication of residential structures or construction of houses. 4 BKM,J W.P.NO.24832 OF 2020 4. The copy of the instructions of the 4th respondent shall be made as part of the Court record. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land, in an extent of Ac.02.66 cents in survey no.478-2 situated in Bachepalli Village, Allagadda Mandal, Kurnool District, strictly in accordance with law, if so warranted, for any public purpose and if not already utilized by now for the above said housing scheme. If the petitioners are otherwise found to be in possession of the same, they shall be dealt with strictly in accordance with law, giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject houses, appropriate decision shall be taken on its own merits as expeditiously as possible. Any dispossession from the subject houses shall not be made except by 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 24.09.2025 LSP 5 BKM,J W.P.NO.24832 OF 2020 250 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24832/2020 24.09.2025 LSP