1 APHC010623532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32423/2025 Between: 1. JANGAM PRASAD, S/O. VENKAIAH AGED ABOUT 55 YEARS, R/O.THATIPARTHIPALEM VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, , REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE DIVISION, NELLORE. 4. THE TAHSILDAR, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 5. THE REVENUE INSPECTOR, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 6. THE SURVEYPALLI GRAM PANCHAYAT, SURVEYPALLI, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 2 1. GP FOR REVENUE The Court made the following: ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “ It is prayed that this Hon’ble Court may be pleased to to issue a writ of mandamus or any other appropriate writ or direction declaring action of the respondents in digging randomly by disturbing the land i.e., land of an extent Ac.2.00 cents in Sy.No.2430 situated at Thatiparthipalem Village, Surveypalli Bit-ll, Venkatachalam Mandal, SPSR Nellore District belonging to the petitioner and threatening the petitioner to vacate the land is illegal, arbitrary and violation of principles of natural justice and violation of Article 300-A of the Constitution of India and consequently direct the respondent not to interfere with the peaceful possession and enjoyment of the petitioner land i.e., land of an extent Ac.2.00 cents in Sy.No.2430 situated at Thatiparthipalem Village, SurveypalliVenkatachalam Mandal, SPSR Nellore Districtand pass such order or orders as the Hon’ble court deems fit and proper in the facts and circumstances of the case.” 2. Heard Sri C. Subodh, learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Learned counsel for the petitioner has submitted that by considering the eligibility criteria under Board Standing Orders, land of an extent of Ac.2.00 cents in Sy.No.2430 situated at Thatiparthipalem Village, Surveypalli Bit-II, Venkatachalam Mandal, SPSR Nellore District was assigned to the father of the petitioner vide proceeding dated 11.11.1981. From the said date onwards, the petitioner’s father has been in continuous possession of the subject land. After the demise of the father of the petitioner, the petitioner 3 succeeded to and continued in possession of the subject land. While that being so, surprisingly, the respondents, without any authority or due process of law, are trying to interfere with the possession of the petitioner by digging the land using a JCB machine. Aggrieved by such illegal interference, the petitioner has filed present writ petition challenging the same. 4. Learned Assistant Government Pleader appearing for the respondents, on instructions furnished by the respondent No.4 dated 19.11.2025, submitted that, as per RSR of Sarvepalli Bit-II village, Sy.No.2430 admeasuring Acs.2.08 cents has been notified as ‘pond’. It is also stated that the ponds are fall under Category-C lands and vested with the Panchayat Raj Department in terms of G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts-IV) Department, dated 21.07.2011. It is also submitted that, upon verification of the D-Register, no assignment patta was granted in respect of the subject land and no names were recorded in the previous adangals available in the office of respondent No.4. It is also submitted that the Revenue Department has no jurisdiction over the subject land. 5. The petitioner has categorically stated that a patta was granted in favour of the father of the petitioner vide proceeding dated 11.11.1981 and that they are in continuous possession of the subject land. on perusal of the photographs (from pages 23 to 26 of the writ petition), it is also clearly indicate that the subject land is under cultivation. According to the instructions furnished by the respondent No.4, the subject property is classified as a ‘pond’ 4 and Panchayat Raj Department itself has clearly stated that the Revenue authorities have not interfered with the possession of the subject land. 6. In view of the above facts and circumstances, this Writ Petition is disposed of directing the respondents not to interfere and not to dispossess the petitioner from the subject land without following the due process of law. No order as to costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 22.11.2025 Vns