APHC010284682021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 16720/2021 Between: 1. GUNUKURI RAMULU,, S/O LATE CHINTALU, AGED ABOUT 70 YEARS, R/O DOOR NO. 1 VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , VISAKHAPATNAM DISTRICT, AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM DISTRICT. 4. THE TAHASILDAR, ANAKAPALLI MANDAL, VISAKH DISTRICT. 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, order or direction one in the nature of Mandamus declaring the action of the respondents 2 to 4 in interfering with the possession and enjoyment of petitioner's land to an extent of Ac 1.34 1/2 cents out of Ac 5.38 cents situated within ChilluboinaChinnodu, Bammibapayya land etc., South GanguVarahaluzeroith land, North Vooderu Village, Anakapalli Mandal, Visakhapatnam District purchased under registered sale deed vide document No. 4265/1985 dt 06.11.1985 for the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 16720/2021 GUNUKURI RAMULU,, S/O LATE CHINTALU, AGED ABOUT 70 YEARS, R/O DOOR NO. 1-10, VOODERU, ANAKAPALLI, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, , VISAKHAPATNAM DISTRICT, AT VISAKHAPATNAM. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM DISTRICT. THE TAHASILDAR, ANAKAPALLI MANDAL, VISAKH ...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 to issue a writ, order or direction one in the nature of Mandamus declaring the action of the respondents 2 to 4 in interfering with the possession and enjoyment of petitioner's land to an extent of Ac 1.34 1/2 cents out of Ac 5.38 cents situated within the boundaries East ChilluboinaChinnodu, Bammibapayya land etc., South GanguVarahaluzeroith land, North- Turibilli Surya Rao etc., in Sy No. 27 of Vooderu Village, Anakapalli Mandal, Visakhapatnam District purchased under vide document No. 4265/1985 dt 06.11.1985 for the IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN GUNUKURI RAMULU,, S/O LATE CHINTALU, AGED ABOUT 70 10, VOODERU, ANAKAPALLI, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, , VISAKHAPATNAM DISTRICT, AT THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, THE TAHASILDAR, ANAKAPALLI MANDAL, VISAKHAPATNAM ...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 to issue a writ, order or direction one in the nature of Mandamus declaring the action of the respondents 2 to 4 in interfering with the possession and enjoyment of petitioner's land to an extent of Ac 1.34 1/2 the boundaries East- ChilluboinaChinnodu, Bammibapayya land etc., South- Hill, West- Turibilli Surya Rao etc., in Sy No. 27 of Vooderu Village, Anakapalli Mandal, Visakhapatnam District purchased under vide document No. 4265/1985 dt 06.11.1985 for the 2 BKM,J W.P.No.16720 of 2021 purpose of granting house site pattas under Navaratnalu Scheme without issuing notice and without following due process of law as illegal, arbitrary and violation of Art 14, 21 and 300Aof constituton of India and consequently direct the respondents not to dispossess the petitioner from land to an extent of Ac 1.34 1/2 cents out of Ac 5.38 cents situated within the boundaries East- ChilluboinaChinnodu, Bammibapayya land etc., South- Hill, West- GanguVarahaluzeroith land, North- Turibilli Surya Rao etc., in Sy No. 27 of Vooderu Village, Anakapalli Mandal, Visakhapatnam District without following due process of law and be pleased to pass 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 grant interim stay orders directing he respondents not to dispossess the petitioner form land to an extent of AC1.34 1/2 cents out of Ac.5.38 cents situated within the boundaries East chilluboinaChinnoduBammibapayya land etc., South Hill West GanguVarahaluzeroith land North Turibilli Surya Rao etc., in Sy.No.27 of Vooderu Village Anakapalli Mandal Visakhapatnam District pending disposal of the above writ petition Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.16720 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 to 4 in interfering with the possession and enjoyment of the petitioner’s land to an extent of Ac. 1.34½ cents out of Ac. 5.38 cents situated within the boundaries East: Chilluboina Chinnodu, Bammibapayya land etc., South: Hill, West: Gangu Varahalu zeroith land, North: Turibilli Surya Rao etc., in survey No.27 of Vooderu Village, Anakapalli Mandal, Visakhapatnam District, purchased under registered sale deed vide document No.4265/1985 dated 06.11.1985 for the purpose of granting house site pattas under Navaratnalu Scheme without issuing notice and without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, relying upon the counter of the 4th respondent, submits that the subject land is a Government land and the petitioner is not the assignee and as such, he cannot seek relief in this writ petition. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.1.34½ cents out of Ac.5.38 cents in survey No.27 of Vooderu Village, Anakapalli Mandal, Visakhapatnam District, strictly in accordance with law, if so warranted for any public purpose, and if the petitioner is otherwise found to be 4 BKM,J W.P.No.16720 of 2021 in possession of the same, he shall not be dispossessed except by following the due process of law. 5. Accordingly, the 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 06.10.2025 MDP