APHC010051762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S." 0^ WEDNESDAY, THE THIRTEENTH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3431 OF 2099 Between: G. Gaffoor Saheb,, S/o. late Bade Saheb, aged about 70 Agriculturist. H.No. 3/80, Kurnool District. years, Occ Kandanathi Village, Yemmiganur Mandal, ...Petitioner AND 1. State of Andhra Pradesh, Velagapudi, Amaravathi, rep. by its Secretary. 2. The District Collector, Kurnool, Kurnool District.. 3. The Revenue Divisional Officer, Adoni, Kurnool District 4. The Tahsildar, Yemmiganur Mandal, Kurnool District. Revenue Department, Secretariat ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly Writ of Mandamus, declaring the in-action of the respondents No. 3 and 4 i taking action pursuant to ESEC/298/2021-JA(E3)-COLLKRNL issued by the 2nd respondent for removal of encroachments in the burial ground land in Sy.No. 408/10A1 to extent of Ac. 1.17 cents situated at Kandanathi Village, Yemmiganur Mandal. Petition under Article 226 of the Constitution of India one in the nature of in proceedings dated 13-12-2021 in Rc.REV an % Kurnool District and the further action of the 4th respondent in proposing to issue house site pattas to third parties in the said land, as illegal, arbitrary, unjust, without any authority and violative of Article 14 of the Constitution of India and consequently Direct the respondents No. 3 and 4 to take action pursuant to proceedings dated 13-12-2021 in Rc.REV-ESEC/298/2021 - JA(E3)-COLLKRNLE issued by the 2nd respondent for removal of encroachments in the burial ground land in Sy.No. 408/10A1 to an extent of Ac. 1.17 cents situated at Kandanathi Village, Yemmiganur Mandril, Kurnool District. lA NO: 1 OF 2022 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 not to issue house site pattas to third parties in the burial ground land in Sy.No. 408/10A1 to an extent of Ac. 1.17 cents situated at Kandanathi Village, Yemmiganur Mandal, Kurnool District, pending disposal of above writ petition. Counsel for the Petitioner; SRI BUTTA VIJAYA BHASKER Counsel for the Respondents: GP FOR REVENUE The Court made the following: ' APHC010051762022 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3431/2022 Between: 1.G. GAFFOOR SAHEB,, S/0. LATE BADE SAHEB, AGED ABOUT 70 YEARS, OCC AGRICULTURIST, H.NO. 3/80, VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. KANDANATHI ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. 2.THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT.. 3.THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 4.THE TAHSILDAR, YEMMIGANUR MANDAL, KURNOOL 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, order or direction more particularlyone in the nature of WRIT OF MANDAMUS, declaring the in-action of the respondents No. 3 and 4 in taking action pursuant to proceedings dated 13- 12-2021 in Rc.REV ESEC/298/2021-JA(E3)-COLLKRNL issued by the 2nd respondent for removal of encroachments in the burial ground land in Sy.No. 408/10A1 to an extent of Ac. 1.17 cents situated at Kandanathi Village, 2 h Yemmiganur Mandal, Kurnool District and the further action of the 4th respondent in proposing to issue house site pattas to third parties in the said land as illegal, arbitrary, unjust, without any authority and violative of Article 14 of the Constitution of India and consequently DIRECT the respondents o. an 4 to take action pursuant to proceedings dated 13-12-2021 in Rc.REV-ESEC/298/2021-JA(E3)-COLLKRNLEissued by the 2nd responden" for removal of encroachments in the burial ground land in Sy No 408/10A1 ^ Kandanathi Village, Yemmiganur Mandal, Kurnool District and pass lA NO: 1 OF 2072 Petition under Section 151 CPC . ■ +u «• . ■ +u «• . ■ praying that in the circumstances s ated in the affidavit filed in support of the petition, the High Court may be pleased be pleased to DIRECT the respondents not to issue house site pattas to third parties in the burial ground land in Sy.No. 408/10A1 to extent of Ac. 1.17 cents situated at Kandanathi Mandal, Kurnool District, pending disposal of above an Village, Yemmiganur writ petition and pass Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1.GP FOR REVENUE 3 m The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. This writ petition was filed questioning the action of the respondent Nos.3 & 4 in taking action pursuant to the proceedings of the 2*^^ respondent dated 13.12.2021 to remove the encroachments in the burial ground land in 2. Sy.No.408/10A1 to an extent of Ac. 1.17 cents situated at Kandanathi Village, Yemmiganur Mandal, Kurnool District. The learned counsel for the petitioner submits that the Village Sarpanch, Kandanathi Village, Yemmiganur Mandal, Kurnool District passed resolution dated 04.08.2021 stating that the Government sanctioned Ac.1.30 cents in Sy.No.408/10A1 for the burial ground to be used exclusively by the Muslim community which is shown on the adangal as Gayyalu for the Fasli 1431. The petitioner also made representation to the 2"'^ respondent dated 15.11.2021 stating that the subject land belongs to the burial ground in an extent of Ac. 1.17 cents which is to be used for the burial ground only. The 2'^'^ respondent in turn addressed a letter to the 4*^ respondent to take necessary action on the representation of the petitioner. 3. I 4. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4‘^ respondent submits that the subject land was never proposed to be used for house site pattas for the individual beneficiaries under the welfare scheme of the State “housing for the poor”. 4 In fact, the writ petitioner and the others are encroachers and they have no locus to seek for removal of encroachments in the aforesaid land. 5. In view of the above said facts and circumstances, as there is no proposal for using the said land for any house sites, no further orders are necessary in this writ petition. 6. 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. Miscellaneous Petitions pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi. The District Collector, Kurnool, Kurnool District.. The Revenue Divisional Officer, Adoni, Kurnool District. The Tahsildar, Yemmiganur Mandal, Kurnool District. One CC to Sri. Butta Vijaya Bhasker Advocate [OPUC] Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] Two CD Copies GSC 2. 3. 4. 5. 6. 7. HIGH COURT DATED: 13/08/2025 ORDER WP NO. 3431 OF 2022 (5 2 S SfP 2025 //a m. <oh Currerii seoiion ir DISPOSING THE WP WITHOUT COSTS