APHC010042842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2409/2025 Between: 1. YANAMALA RAMNARAYANA REDDY, S/O.Y.PEDDI REDDY, AGED ABOUT 73 YEARS, OCC AGRICULTURE, R/O. D.NO. 1-65, D- GURUVAREDDY NAGAR (KOTHAROAD), AMBAVARAM POST AND (GRAM PANCHAYATH), JAMMALAMADUGU MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE TAHSILDAR, JAMMALAMADUGU MANDAL Y.S.R. KADAPA DISTRICT. 4. THE AMBAVARAM GRAM PANCHAYATH, REP., BY ITS PANCHAYATH SECRETARY, AMBAVARAM, Y.S.R.DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P RAVIKANTH Counsel for the Respondent(S): 2 1. GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri P. Ravi Kanth, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. The present Writ Petition is filed seeking following relief : “….pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the Orders vide Ref.No.A/354/2024, dated 18.01.2025 issued by the respondent No.3 in exercise of powers conferred under Section 6 of the A.P. Land Encroachment Act, 1905, for eviction of the encroachment in Sy.No.124/1, extent Ac.0.20 cents of Vemaguntapalli Village of Jammalamadugu Mandal, as illegal, colorable exercise of power, apart from being fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass such other order or orders as are deemed fit and proper in the circumstances of the case”. 3. This matter has been taken up in the Lunch Motion in view of urgency expressed by the learned Counsel for the Writ Petitioner. 4. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Jammalamadugu dated 03.02.2025. Copy of the Written Instruction is also furnished to the learned Counsel for the Writ Petitioner. This Written Instruction is taken on record. 5. Relevant portion of the Written Instruction is usefully extracted hereunder: 14 Whether any alternate remedy is available? If to whether it was Exhausted? The Writ Petitioner already encroached and constructed house over the subject land. Again he has encroached by constructing cattle shed adjacent to Grama Panchayath Office and encroached road. 15 Written Instructions (brief facts) (2 to 3 lines) The petitioner stated in Writ petition that, he has been issued procession Certificate by the respondent No.3 on 03-10-2001 in an extent of 6 ½ Cents in Sy.No.124/1 of 3 Venuguntapalle Ambavaram grama panchayath Jammalamadugu Mandal. It is submitted that, the Petitioner never ever issued possession certificate from the Tahsildar Office Jammalamadugu Mandal in the Government Jand Sy.No.124/1 of Vemaguntapalli Village. The petitioner submitted fake possession certificate to this Hon'ble court. The Petitioner filed this Petition with an ulterior motive to grab the Government property by one way or the other but not otherwise. A complaint has been lodged against the petitioner vide FIR No:1016 dated:10.12.2024 of Jammalamadugu Urban Police Station for submitting fake Possession Certificate and the investigation is pending. 6. The above extract would indicate that the Writ Petitioner has already encroached some land and had constructed a house and thereafter he has encroached further by constructing a cattle shed adjacent to the Gram Panchayat Office. It is also stated that because the Possession Certificate relied on by the Writ Petitioner is fake, the Official Respondents have lodged F.I.R.No.1016 dated 10.12.2024 before the Jammalamadugu Urban Police Station for submitting fake Possession Certificate and the investigation is in progress. However, the Affidavit filed in support of this Writ Petition is blissfully silent in respect of lodging of F.I.R which is a material fact. This indicates that the Writ Petitioner has not come to Court with clean hands. 7. Having regard to the facts and circumstances, this Court is not inclined to interfere in the present Writ Petition. Accordingly, the Writ Petition is dismissed. No Order as to Costs. 8.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 03.02.2025 JKS 4 5 41 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 2409 OF 2025 03.02.2025 JKS