Extracted from the PDF above. The PDF is authoritative.
APHC010525262025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27015/2025 Between:
1. E ESWARAIAH, S/O.NADPI KONDAIAH, AGED ABOUT 48 YEARS, OEC. AGRICULTURE, R/O. MALLINENIPATNAM, S.VENKATAPURAM, KUMBHAGIRI, Y.S.R DISTRICT. 2. KONETI GANGAMMA,, W/O. PENCHALAIAH, AGED ABOUT 54 YEARS, OCC. AGRICULTURE, R/O. S.VENKATAPURAM, H/O. AKKIREDDYGARIPALLI, Y.S.R DISTRICT. 3. GODISELA ADI LAKSHUMMA,, AGED ABOUT 49 YEARS, OCC. AGRICULTURE,
R/O. S.VENKATAPURAM, KUMBHAGIRI, Y.S.R DISTRICT. 4. GAMPALA YELLAIAH,, S/O. GAMPA YELLAIAH, AGED ABOUT 50 YEARS, OCC. AGRICULTURE,
R/O.
MALLINENIPATNAM, S VENKATAPURAM, Y.S.R DISTRICT. 5. GODISELA VENKATASUBAMMA,, W/O. VENKATAIAH SUBBAIAH, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. S.VENKATAPURAM, KUMBHAGIRI, Y.S.R DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, Y.S.R DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL REVENUE DIVISION, BADVEL MANDAL, Y.S.R DISTRICT. 4. THE TAHSILDAR, ATLOOR MANDAL, Y.S.R 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 to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the inaction of the inaction of the respondents in not protecting the land in Sy.No.60 and 61 situated in S Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District as arbitrary.
illegal, highhanded, colorable exercise of power, well established legal principles apart from being violative of the fundamental and constitutional rights guaranteed to me under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondents to take action against the people who are
2 attempting to take encroach the land situated in Sy.No.60 and 61 situated in S Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District and pass IA NO: 1 OF 2025 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 direct the respondents to take action against the persons who have attempted to encroach into the government land in Sy.No.60 and 61 situated in S Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District by conducting enquriy, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S):
1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S):
1.
GP FOR REVENUE
3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.27015 of 2025
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the inaction of the respondents in not protecting the land in Sy.No.60 and 61 situated in S Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District as arbitrary, illegal, highhanded, colorable exercise of power, well established legal principles apart from being violative of the fundamental and constitutional rights guaranteed to me under Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondents to take action against the people who are attempting to take encroach the land situated in Sy.No.60 and 61 situated in S Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District and pass such other order.…”
2. According to petitioners land in Sy.Nos.60 and 61 situated in S. Venkatapuram Village Fields, Atlur Mandal, Badvel Division, Y.S.R District, belongs to the Government. Despite this being brought to the notice of the respondents, respondents are not attempting to take any steps to protect the lands. Hence, present writ petition is filed. 3. Learned State counsel has placed on record written instructions dated 04.10.2025. As seen from the written instructions, it transpires that some villagers have been ploughing the land using earthmovers and JCB. Upon perusal of the village revenue records available at the Office of the Tahsildar, Atlur Mandal, it was found that the said lands have not been granted DKT Patta to anyone till date and also elicits that there is no evidence that any DKT Patta was given to the
4 encroachers. Accordingly, illegal ploughing of Government land with JCB machines was stopped and necessary action may be initiated as per the Land Encroachment Act, 1905. 4. In view of the written instructions, it is clear that the respondents acted promptly to halt the illegal activities and hence, no further orders are required. 5. Therefore, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 06.10.2025 KBN