APHC010329612020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21839/2020 Between: 1. MATTA MANGA RAJU, FATHER NAME SATYAMH.NO.4-41, GOPALAPURAM VILLAGE, (GADELAPALEM REVENUE VILLAGE), GOKAVARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENTSECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA 3. THE TAHSILDAR, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT 4. ITIKAYALAPALLI GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY GOKAVARAM MANDAL, EAST GODAVARI DISTRICT 5. KATHETI SHYAM, ITIKAYALAPALLI GRAM PANCHAYAT, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT, STATE OF ANDHRA PRADESH ...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 2 pleased toto issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents and subordinates trying to dispossess the petitioner to assign the house site pattas of the property belongs to the petitioner situated in R.S.No. 76/2, an extent of Ac1.55 cents of Gadelapalem Revenue Village, Gokavaram Mandal, East Godavari District, which was acquired by way of sale deed dated 25-05-1977 by the father of the petitioner now classified as Grama Khantam is illegal, arbitrary and violation of Section-58 of the A.P Panchayati raj Act and also violation of GOMS no.187 dated 22-5-2015 GOMS No. 100 dated 22-2-2014 and also violation of section 12 of the Andhara Pradesh Dotted Lands Updation in Resettlement Registar Act 2017 and also law laid down by the honourable court in Sagadapu Vijaya Vs State of A.P held in WP.No. 9093 of 2015 and Voona Bangar Raju Vs State of A.P. held in WP.No.1339 of 2014 and batch and also the case reported in 2020 A.L.T (4) page no.250 (A.P)(WP No.1517 of 2020) Board Standing Orders and violation of Articles 14,19, 21 and 300A of the Constitution of India 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 direct the respondents not to construct any house or dispossess the petitioner from or create any third party interest over the land in survey no. 76/2, an extent of Ac1.55 cents of Gadelapalem Revenue Village, Gokavaram Mandal, East Godavari District, pending disposal of the 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 orders dt: 27-11-2020 in WP.No.21839/2020 and dismiss the writ petition Counsel for the Petitioner: 1. KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21839/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents and subordinates trying to dispossess the petitioner to assign the house site pattas of the property belongs to the petitioner situated in R.S.No.76/2, an extent of Ac.1.55 cents of Gopalapuram Village, Gadelapalem Revenue Sivaru, Itikayalapalli Gram Panchayat, Gokavaram Mandal, East Godavari District, which was acquired by way of sale deed dated 25.05.1977 by the father of the petitioner now classified as Grama Khantam is illegal, arbitrary and violation of Section 58 of the A.P Panchayati Raj Act and also violation of G.O.Ms.No.187 dated 22.05.2015, G.O.Ms.No.100 dated 22.02.2014 and also violation of Section 12 of the Andhra Pradesh Dotted Lands Updation in Resettlement Register Act, 2017 and also law laid down by the Hon’ble court in Sagadapu Vijaya Vs State of A.P held in W.P.No.9093 of 2015 and Voona Bangar Raju Vs State of A.P. held in W.P.No.1339 of 2014 and batch and also the case reported in 2020 ALT (4) page No.250 (A.P)(WP No.1517 of 2020) Board Standing Orders and violation of Articles 14,19, 21 and 300-A of the Constitution of India and pass such other order.” 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.4 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that petitioner’s father purchased the land admeasuring to an extent of Ac.1.55 cents in R.S.No.76/2, Gopalapuram Village through a sale agreement dated 25.05.1977. Since then, the petitioner and his father have 4 been in possession of the subject property. The petitioner has been paying land revenue tax. While so, the respondents are trying to dispossess the petitioner from the subject property and the 5th respondent is trying to construct a house at the petitioner’s subject property. Hence, the Writ Petition. 4. Learned counsel for the petitioner further submits that this Court also passed an interim order dated 27.11.2020, which is extracted hereunder: “In the meanwhile, the respondents are directed not to dispossess the petitioner from the subject land, except by due process of la, if he is in possession.” 5. Learned Government Pleader appearing for respondent No.3 filed the counter-affidavit of respondent No.3, wherein it is stated that the official respondents directed respondent No.5 to stop the further construction. It is further stated that the respondents are verifying whether the house site patta is issued to respondent No.5 or not. After verification, action will be taken for cancellation as per rules. 6. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record and in view of the interim order granted by this Court, this Court deems it appropriate to dispose of the Writ Petition directing the respondents 5 not to dispossess the petitioner from the subject property, without following due process of law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.09.2025 TTPPSS 6 228 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21839/2020 25.09.2025 TTPPSS