APHC010434162021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 26733/2021 Between: 1. TAMARANA BANGARAJU, S/O SATYA RAO AGED ABOUT 37 YEARS, CULTIVATION, RESIDING AT D.NO.30 CHANDRABABU COLONY, NELLIMARLA VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETAR, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, NELLIMARLA MANDAL, NELLIMARLA, VIZIANAGARAM DISTRICT. 5. THE STATION HOUSE OFFCER, NELLIMARLA POLICE STATION, NELLIMARLA, VIZIANAGARAM DISTRICT. 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 Ma respondent in interfering with the possession and trying to dispossess the petitioner from the property of house site to an extent of 0 in Plot No.26, Sy.No.60 of Nellimarla Village and ma IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 26733/2021 TAMARANA BANGARAJU, S/O SATYA RAO AGED ABOUT 37 YEARS, CULTIVATION, RESIDING AT D.NO.30 CHANDRABABU COLONY, NELLIMARLA VILLAGE AND MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETAR, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. ILDAR, NELLIMARLA MANDAL, NELLIMARLA, VIZIANAGARAM DISTRICT. THE STATION HOUSE OFFCER, NELLIMARLA POLICE STATION, NELLIMARLA, 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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th and 5th respondent in interfering with the possession and trying to dispossess the petitioner from the property of house site to an extent of 0-011/2 cent situated in Plot No.26, Sy.No.60 of Nellimarla Village and mandal, Vizianagaramdistrict IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN TAMARANA BANGARAJU, S/O SATYA RAO AGED ABOUT 37 YEARS, CULTIVATION, RESIDING AT D.NO.30-50D, CHANDRABABU COLONY, NELLIMARLA VILLAGE AND MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETAR, REVENUE DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, ILDAR, NELLIMARLA MANDAL, NELLIMARLA, THE STATION HOUSE OFFCER, NELLIMARLA POLICE STATION, ...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 ndamus, declaring the action of the 4th and 5th respondent in interfering with the possession and trying to dispossess the 011/2 cent situated ndal, Vizianagaramdistrict 2 BKM,J W.P.No.26733 of 2021 granted house site patta in favour of the petitioner vide Rc.No.10827 on 14-6- 2016 by the 4th respondent on the ground that the Government is intended to allot the said house site to the weaker section people under the Scheme of 'Navaratnalu-AndhariIllu' without notice while the said house site patta is in force is illegal, arbitrary and violative of principals of natual justice. 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 direct the 4th and 5th respondents herein not to dispossess the petitioner from the property to an extent of 0-011/2 cent situated in Plot No.26, Sy.No.60 of Nellimarla Village and mandal, Vizianagaram district without notice pending disposal of the above writ petition in the interest of justice. IA NO: 1 OF 2023 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 16.11.2021 in I.A.No.1 of 2021 in W.P.No.26733 of 2021 and dismiss the writ petition and pass Counsel for the Petitioner: 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.26733 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondent Nos.4 & 5 in interfering with the possession and trying to dispossess the petitioner from the property of house site to an extent of Ac.0.01½ cent situated in plot No.26, survey No.60 of Nellimarla Village & Mandal, Vizianagaram District, which is the house site patta granted in favour of the petitioner vide Rc.No.10827 on 14.06.2016 by the 4th respondent on the ground that the Government intended to allot the said house site to the weaker section people under the Scheme of “Navaratnalu-Andhariki Illu”, without notice while the said house site patta is in force. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, relying upon the counter of the 4th respondent, submits that the petitioner is not in possession of the subject land and violated the conditions of grant of house site patta in his favour. 4. 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.0.01½ cent situated in plot No.26, survey No.60 of Nellimarla Village & Mandal, Vizianagaram District, strictly in accordance with law, if so warranted for any public purpose, and if the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all 4 BKM,J W.P.No.26733 of 2021 the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, and any dispossession from the subject land shall not be made except by following the due process of law. 5. 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 06.10.2025 MDP