irs IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10694 OF 2025 I Between: 1. Chepala Dasamma, W/o somuru, Aged about 65 yrs, Occ; labour, R/o H.No.I-74, Kotha Revupolavaram, S-rayavaram, Anakapalli District. 2. Chepala Raja rao, S/o Somuru, Aged about 45 yrs,occ Fisherman. R/o h.No. 1-75. Kotha Revupolavaram, S-rayavaram, Anakapalli District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Anakapalli District. 3. Revenue Divisional Officer. Anakapalli Division. Anakapalli District. 4. The Tahsildar, S-rayavaram Mandal, Anakapalli District. Revenue ...RESPONDENTS 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 declaring of the Respondents Nos.3 and 4 in interfering with the peaceful possession and enjoyment of the petitioners land in Sy.No.369/1 to an extent of Ac.0.02 cents to each the action one of petitioners situated at kotha revupolavaram Village, S-rayavaram Mandal, Anakapalli District which Is illegal, arbitrary J and also violation of Articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondents No.3 and 4 and his staff not to i, interfere without due process of law .with the peaceful possession and enjoyment of the petitioners land in Sy.No.369/1 to an extent of Ac.0.02 cents to each one of the my petitioners situated at Kotha revupolavaram Village, S-rayavaram Mandal, Anakapalli District. lA 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 to direct the respondents No.3 & 4 and his staff not to interfere with the peaceful possession and enjoyment of the petitioner’s land in Sy.No.369/1 to an extent of Ac.0.02 cents to each one of my petitioners situated at Kotharevupolavaram Village, S-rayavaram Mandal, Anakapalli X -'i' District. Counsel for the Petitioners: SRI GOTRU KRISHNA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER /\PHC010165152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] k. M.: a THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10694/2025 getween: Qhepals Dasamma and Others ...PETlTIONER{S) AND ...RESPONDENT(S) qtate Of Andhra Pradesh and Others - counsel for the Petitioner(S): 1.GOTRU KRISHNA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following; 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.10694 of 202S ORDER: This Writ Petition is filed under Article Constitution of India seeking the following 226 of the relief; 'to issue a writ, order or direction particularly one in the nature of Wn, of Mandamus declarirrg the action of respondent Nos 3 ad 4 in interfering with the peaceful petitioner's land in Sy.No.369/1 to more possession and enjoyment of the an extent of Ac. 0.02 cents to each one of petitioners situated at Kotharevupolavaram rayavaram Mandal, Anakpalli District violation of Articles 14, 21 Village, S- as illegal, arbitrary and also and 300-A of the Constitution of India and consequently direct respondent Nos. 3 and 4 and his staff not to interfere vjith the peaceful land in Sy.No.369/1 to I possession and enl - oj^ynient of the petitioner’s an extent of Ac. 0.02 cents to each one of the Kotharevupolavaram Village, S-rayavaram petitioners situated at Mandal, Anakpalli District and 2. Heard learned to pass such other order or orders counsel for the petitioners and the learned Government Pleader for the 3. Learned counsel for the respondents. petitioners submits that the petitioners were assigned the land admeasuring to an extent of Ac.0.02 Sy.No.369/1, Kotharevupolavaram cents each in Village, S-rayavaram DKT patta in the year 2004. Since then Mandal, Anakapalli District vide petitioners have been i , the m possession of the subject house site. He further cancelling the subject patta cannot interfere with the submits that without the respondents resuming the land, peaceful possession and or enjoyment of the property of the petitioners. 3 4. Learned Government Pleader fo]- the respondents furnished written mstruct.ons issued by the 4.* respondent dated 30.04.2025, wherein it is stated as follows: 7t is to mention that the averments made by the writ petitioner in the affidavit that the 4^^ respondent Tahsildar and his staff interfered with the possession and enjoyment of the land Ac. 0.02 peaceful cents each in Sy.No.369-1 is baseless and not true. In this regard, it is submitted that the subject Government land is vacant on ground covered with debris without any structures either house or otherwise. When there IS no structure in the land claimed and held by the petitioners, the no possession question of interfering with the peaceful possession and enjoyment of the petitioners, does not arise. Further, submitted that, neither the 4^^ respondent Tahsildar nor his staff visited the land in question on the date mentioned in the afifdavit at para No. 4. The writ petitioners have strict proof of evidences, hut they failed to prove it that the subject land is an assigned land and assigned to them. to I further submit that, it is settled law that when the conditional house site patta is given under B.S.0.-21, the beneficiary shall construct the house within 6 months from the date of issue of patta. But, as could be seen the copy of house patta the said patta has been shown issued in the year 2004. It shows that after 21 years elapse, no house was constructed. The prohibited land register containing Form-Ill shows that the petitioners were not assigned any house site patta or any agricultural land. 5. Learned Government submits that house site house within Pleader for the respondents furth er as per B.S.0.-21 once the petitioners were assigned with pattas, as per the terms of the patta, they must a period of six months from the date of construct patta. But in the even after lapse of twenty five years no construction s were Hence, the petitioners are not entitled to claim ^ny right over the subject hou se site. 6. Having regard to the submissions petitioners and made by the learned counsel Pleader for the on record, this Court writ petition directing the for the the learned Government respondents and deems it on perusal of the material placed appropriate to dispose of the with the peaceful possession and enjoyment are m possession, without petitioner’s subject process of law. 7- With the above directio shall be no order property, if they following due n the Writ Petiti is disposed of. There ion as to costs. Consequently, Miscellaneou petition shall stand closed. s Petitions, if any, pending in the writ Sdl- P. VINOD KUWIAR ASSISTANT REGISTRAR //TRUE COPY// ^ SECTION OFFICER To, ' Revenue 2. The District Collector, 3. The Revenue Divisional 4. The Tahsildar, ‘ 5. One CC to Sri Gotru 6. Two CCs to GP for Two CCs to GP [OUT] 8- Three CD Copies Deparlmenl, Secretariat, Velagapudi. Anakapalli District. Officer. Anakapalli Division, S-rayavaram Mandal, Anakapalli District. Anakapalli District. Krishna Prasad Advocate [OPUC] Revenue. High Court of Andhra Pradesh. [OUT] Court of Andhra Pradesh. for Mines & Geology, High TF HIGH COURT DATED:01/05/2025 OFtDER Wr^.No.10694 of 2025 //Cj 2 S SEP Kh O CSV m. * ^TC«6.5J DISPOSING OF THE W.P„, WITHOUT COSTS