APHC010272872018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 12193/2018 Between: 1. MODIAM BABU RAO,, S/O.LATE VENKATESWARA RAO. AGED 35 YEARS, OCC CULTIVATION, R/O.P.RAJAVARAM VILLAGE, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO LAND ACQUISITION DEPARTMENT, SECRETARIAT,VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. GUNTUR 2. SPECIAL COLLECTOR LAND ACQUISITION, POLAVARAM IRRIGATION PROJECT, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT 3. DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 4. LAND ACQUISITION OFFICERCUMREVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM, WEST GODAVARI DISTRICT. 5. TAHSILDAR, JEELUGUMILLI MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): NJS,J W.P No.12193 of 2018 2 Counsel for the Petitioner: 1. SARATH KUMAR D Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR LAND ACQUISITION (AP) NJS,J W.P No.12193 of 2018 3 The Court made the following Order: Heard Mr. Sk. Jahangeer Basha, learned counsel for the petitioner. Also heard Mr. K Dilip Naik, learned Assistant Government Pleader representing the respondents. 2. The present writ petition is filed seeking to declare the action of the respondent Nos.2 to 5 in insisting the petitioner to vacate from the agricultural land property in an extent of Ac.1.41 cents and Ac.1.00 cents i.e., total extent of Ac.2.41 cents covered in Survey Nos.24/1 and 16/5B2 respectively situate in P.Rajavaram Revenue Village in Jeelugumilli Mandal of Jangareddigudem Revenue Division of West Godavari District, for the purpose of Construction of Chintalapudi Lift Irrigation Project, without following the procedure established by law as illegal, irregular and violative of Article 14, 21 and 300-A of the Constitution of India and for the consequential directions. 3. The case of the petitioner is that he is landless poor person and considering the application made by him, he was assigned the above extent of land by way of D-Form Patta vide proceedings dated 26.12.2003. It is also his case that he has been in possession and enjoyment of the said lands, eking out livelihood by cultivation and without interruption from anybody. 4. The learned counsel for the petitioner submits that as the respondent authorities, in highhanded manner and without following due process of law, were making attempts to dispossess the petitioner from the subject matter lands, the present writ petition was filed. 5. He also submits that as per his latest instructions, there is no interference by the respondent authorities. 6. On the other hand, Mr. K Dilip Naik, learned Assistant Government Pleader, made submissions with reference to the counter-affidavit dated 30.06.2018 filed by the respondent No.5. He submits that as stated in the counter-affidavit, no record is available in respect of the subject matter lands NJS,J W.P No.12193 of 2018 4 which are stated to be assigned in favor of the petitioner. In fact, he submits that the lands in question are private lands but not Government lands. He also submits that the land in R.S.No.24/1 of P.Rajavaram village was not acquired for Chintalapudi Lift Irrigation Scheme. While specifically denying that the writ petitioner is not land owner of the Writ Petition Schedule Land, he submits that various contentions raised by the petitioner are not true or correct and further that no reply-affidavit is filed denying the averments made in the counter- affidavit, which is fatal to the petitioner’s case. Making the said submissions, the learned Assistant Government Pleader urges for dismissal of the writ petition. 7. Considered the submissions made and perused the material on record. 8. At the outset, it may be relevant to mention that the respondent No.5 herein i.e., concerned Tahsildar filed counter-affidavit along with some material papers as long back as on 30.06.2018. No reply-affidavit is filed contradicting the said averments and thereby, the same are deemed to have been admitted. Be that as it may. 9. Though the writ petition is filed in the year 2018 and was adjourned on 20.04.2018. All these years there is no interim order, much less, direction not to interfere with the possession of the subject matter land. If there is any threat of dispossession, perhaps the petitioner would have taken steps to secure some order in the present case. Be that as it may. 10. Further, as per the specific assertions/averments made in the counter- affidavit the lands in question are private lands and as per the Adangals filed along with the counter-affidavit, some third parties names are referred to in the relevant columns of possession. 11. In the light of the said position which raises issues of factual aspects, this Court is not inclined to examine the same in exercise of jurisdiction under NJS,J W.P No.12193 of 2018 5 Article 226 of the Constitution of India and grant any relief, as prayed for by the writ petitioner. 12. Accordingly, this Writ Petition is dismissed. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA Date:22.12.2025 Ksj