APHC010318752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19085/2022 Between: 1. N.A. MUNAF, S/O. N.A. RASHEED, AGED 35 YEARS OCC. COOLIE, R/O. H NO. 4-103, ANJINAIAH TEMPLE NAGALADINNE VILLAGE, NANDAVARAM MANDAL KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVTHI 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL 3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT 4. THE TAHSILDAR, NANDAVARAM MANDAL, KURNOOL DISTRICT 5. THE STATION HOUSE OFFICER, NANDAVARAM POLICE STATION, NANDAVARAM KURNOOL DISTRICT 6. NAGALADINNE GRAMPANCHAYAT, REP BY ITS PANCHAYAT SECRETARY NAGALADINNE VILLAGE, NANDAVARAM MANDAL KURNOOL 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 declaring the action of the respondents 2 to 4 in proposing to allot the petitioner's house land to an extent of Ac.0.03 cents in 2 HBKM,J W.P.No.19085 of 2022 Sy No. 88 of Nagaladinne Village, Nandavaram Mandal, Kurnool District by acquiring the said petitioner's land to implement the program Navaratnalu Pedalandariki without considering the representations dated 06.06.2022 of the petitioners is highly illegal, arbitrary and capricious and against to the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioner from his peaceful possession and enjoyment of the petitioners' property in the interest of justice and to pass IA NO: 1 OF 2022 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 STAY of dispossess of the petitioner from her house property bearing house land to an extent of Ac.0.03 gts in Sy No. 88 of Nagaladinne Village, Nandavaram Mandal, Kurnool District by the respondents by considering the representation dated 06.06.2022, pending disposal of the main writ petition, and to pass 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 orders dated 05-07-2022 in WP.No.19085 of 2022 and dismiss the writ petition and pass Counsel for the Petitioner: 1. TENEPALLI NIRANJAN Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3 HBKM,J W.P.No.19085 of 2022 The Court made the following 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 respondent Nos.2 to 4 in proposing to allot the petitioner's land to an extent of Ac.0.03 cents in Sy.No.88 of Nagaladinne Village, Nandavaram Mandal, Kurnool District by acquiring the said petitioner's land to implement the program “Navaratnalu Pedalandariki Illu” without considering the representation dated 06.06.2022 of the petitioner. 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 then Tahsildar, Nandavaram issued Possession Certificate in Sy.No.88 to an extent of Ac.0.03 cents of Nagaladinne Village of Nandavaram Mandal in favour of the petitioner vide proceedings dated 20.05.2022 specifying the boundaries. As per the RSR of Nagaladinne Village, the land in Sy.No.88/A to an extent of Ac.0.06 cents is classified as Government Poramboke and in the remarks column it is noted as Police Station and to an extent of Ac.42.44 cents in Sy.No.88/B, it is classified as Government Poramboke and in the remarks column it is noted as Gramakantam. One Mr.Pratap Ramu, raised the grievance in Spandana Programme for encroachment of site by the petitioner in an extent of Ac.0.03 cents in Sy.No.88/B vide grievance dated 11.02.2022. In response of the same, the 4 HBKM,J W.P.No.19085 of 2022 then Tahsildar, Nandavaram issued the notice for conducting enquiry dated 09.06.2022. The petitioner submitted reply through his advocate on 18.06.2022. After taking into consideration of all the facts, the then Tahsildar, Nandavaram issued the orders for cancelling the Possession Certificate dated 20.05.2022 in favour of the petitioner vide proceedings dated 29.10.2022. The petitioner also filed O.S.No.289 of 2022 on the file of Junior Civil Judge, Yemmiganur against Sri Pratap Ramu for grant of Ad-interim injunction in respect of the petition schedule property, pending the suit. The said suit is still pending. 4. The petitioner also filed W.P.No.5056 of 2025 before the Hon’ble High Court of AP, questioning the cancellation of Possession Certificate dated 20.05.2022 in respect of the house site in Sy.No.88 to an extent of Ac.0.03 cents. Basing upon the complaint raised by Mr. Pratap Ramu in the Spandana Grievance cell, the then Tahsildar, Nandavaram addressed a letter to the Mandal Development Officer, Nandavaram for removal of bunk erected by the petitioner in Sy.No.88 to an extent of Ac.0.03 cents of Nagaladinne Village, Nandavaram Mandal vide Rc.C.278/2023 dated 06.05.2023. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 and 6 are directed to deal with the subject land in an extent of Ac.0.03 cents in Sy.No.88 of Nagaladinne Village, Nandavaram Mandal, Kurnool 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 5 HBKM,J W.P.No.19085 of 2022 same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned, including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the Court record. 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 04.11.2025 PGT