APHC010183202020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 11727/2020 Between: 1. ELLANTI CHANDRA BABU, S/O MUNIKRISHNAMA NAIDU, AGED 51 YEARS, AGRICULTURIST, R/O D.NO.2-64, PADIREDU, VADAMALAPET MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE REVENUE DIVISIONAL OFFICER, TIRUPATI 3. THE TAHSILDHAR, PITCHATUR MANDAL, CHITTOOR 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 issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondents No.2 and 3 herein in trying to dispossess the petitioner from the land in an extent of Ac.0- 18 cents out of Ac.0-40 cents in Sy.No.265/5, an extent of Ac.0-20 cents in Sy.No.265/6 and an extent of Ac.1-00 cents in Sy.No.265/8 total extent of Ac.1-38 cents covered by sugar cane crop is exist situated at Keelapudi village accounts, Pitchaturu Mandal, Chittoor District, having acquired the same by way of registered sale deed 10-03-2017 vide regd.document No.186 of 2017 at Joint Registrar Office, Pitchatur Mandal, 2 HBKM,J W.P.No.11727 of 2020 Chittoor District for the purpose of house sites without prior notice or without following procedure under law as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 19(I)(g), 21 and 300(A) of the Constitution of India and consequently, direct the respondents herein not to dispossess the petitioner from his lands in an extent of Ac.0-18 cents out of Ac.0-40 cents in Sy.No.265/5, an extent of Ac.0-20 cents in Sy.No.265/6 and an extent of Ac.1- 00 cents in Sy.No.265/8 total extent of Ac.1-38 cents situated at Keelapudi village accounts, Pitchaturu Mandal, Chittoor District without following the procedure under law IA NO: 1 OF 2020 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 IA NO: 1 OF 2021 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 granted on 20-07-2020 in W.P.No.11727/2020 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.11727 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 and 3 herein in trying to dispossess the petitioner from the land in an extent of Ac.0-18 cents out of Ac.0-40 cents in Sy.No.265/5, an extent of Ac.0- 20 cents in Sy.No.265/6 and an extent of Ac.1-00 cents in Sy.No.265/8, total an extent of Ac.1-38 cents covered by sugar cane crop situated at Keelapudi village accounts, Pitchaturu Mandal, Chittoor District, having acquired the same by way of registered sale deed dated 10-03-2017 vide regd.document No.186 of 2017 at Joint Registrar Office, Pitchatur Mandal, Chittoor District for the purpose of house sites without prior notice or without following procedure under law. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that the writ petitioner purchased the settlement patta lands along with the Government lands through the registered sale deed No.186/2017 and raised sugar cane crop. There are no proposals for acquisition of the Government lands in respect of Sy.No.265/6 to 8 of Keelapudi Village and the patta lands in Sy.No.169/1A and 170/2, which are purchased by the petitioner under the Pedalandariki Illu Scheme. The petitioner purchased the Government lands in Sy.Nos.265/5, 265/6 and 265/8 of Keelapudi Village as the said lands are Government lands. 4 HBKM,J W.P.No.11727 of 2020 When the Government is the owner of the lands, he purchased the said lands, knowing that it is a Government land with registered document No.186/2017 to grab the said lands only. Whereas the writ petitioner belongs to the upper caste and having 13.81 acres of patta lands owned by him in Keelapudi Village and Vengalathur Village of Pichatur Mandal. Moreover, he owned ESSAR Petrol Bunk in Pichatur Town. He is a wealthy pattadar. He is the native of Padiredu Village of Vadamalapeta Mandal. The writ petitioner purchased the Government lands through registered document No.186/2017, which is not a valid document and liable for cancellation by the Collector, Chittoor (District Registrar). The petitioner is not in possession of the lands and hence the dispossession of the writ petitioner does not arise. He filed this writ petition with an intention to grab the Government lands in Sy.Nos.265/5, 265/6 and 265/8 of the Keelapudi Village and the lands in the said survey numbers are in the list of prohibited properties under Section 22-A(1)(a)(b) of the Registration Act, 1908. The above said list was handed over to the sub- registrar, Pichatur on 04.08.2015, for not registering the said lands as the Government is the owner of the said lands. 4. Therefore, a proposal has been submitted to the District Registrar, Chittoor through the Collector, Chittoor for cancellation of the above said registered document vide Roc.A/229/2020 dated 28.08.2020. The vacant land in Sy.No.265/10 in an extent of Ac.0.22 cents has been proposed for house sites to Adi-Andhras of Gajasingarajapuram H/o Keelapudi under 5 HBKM,J W.P.No.11727 of 2020 Pedalandariki Illu Programme. No proposals for acquisition of lands, which were purchased by the writ petitioner, as there are Government lands. 5. In view of the above said facts and circumstances, no relief can be granted in this writ petition and the respondent Nos.2 and 3 are directed to protect the Government lands from the alleged grabbing/encroachments, if any, by following the due process of law. However, it is open for the petitioner to work out his remedies in accordance with law. 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 22.12.2025 PGT