APHC010082312020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4827/2020 Between: 1. KOMMU SADHU, , SA). LATE THATA, AGED 67 YEARS, R/O. D.NO.2- 125, S.C. COLONY, VELLANKI, VISAKHAPATNAM-531163. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE TAHSILDAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, BHIMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 5. THE TAHSILDAR, BHIMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. MANOJ KUMAR BETHAPUDI 2 HBKM,J W.P.No.4827 of 2020 Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.4827 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.1 and 2 in trying to dispossess the petitioner from the land in an extent of Ac.0.50 cents in Sy.No.155/3 of Vemulavalasa Village, Bhimunipatnam Mandal, Visakhapatnam District without following the due process of law and to direct the respondents to delete the subject land from the purview of Section 22-A of the Registration & Stamps Act. 3. The learned counsel for the petitioner relies upon the certificates said to have been issued by the 4th respondent dated 31.10.1980 with respect to the subject land in Sy.No.292/2 Konda. He states that under the said order of the 4th respondent the said land was assigned tentatively to the petitioner. 4. He also refers to the proceedings of the 2nd respondent addressed to the 3rd respondent vide file No.REV-ESECOLND(22A)/431/2018-SA(E4)- VSKPCO requesting to enquire into the subject matter mentioned therein and submit a detailed report along with check list through the Revenue Divisional Officer, Visakhapatnam for taking necessary further action in the matter. 5. He also refers to the G.O.Ms.No.575 dated 16.11.2018 dealing with the deletion of the property assigned prior to 18.06.1954 from the purview of Section 22-A of Registration Act, 1908. 4 HBKM,J W.P.No.4827 of 2020 6. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that in the year 1984, the Anandapuram Mandal was bifurcated from the erstwhile Bheemunipatnam Taluk. From 1984 onwards only, the post of Tahsildar/Mandal Revenue Officer, Anandapuram came into existence. As there was no chance to grant patta by the 3rd respondent/Tahsildar/MRO, Anandapuram to the writ petitioner in the year 1980 as contended by him, no assignment could be made either to the writ petitioner or to his ancestors at any point of time and they are not in occupation of the Government land in Sy.No.155 of Vemulavalasa Village. Since the land in an extent of Ac.11.02 cents in Sy.No.155 of Vemulavalasa (excluding assignment extent of Ac.1.00 cents) belongs to the Government and the same was included in the list of prohibited lands notified under Section 22(A)(1) of the Registration Act by the District Collector, Visakhapatnam on par with the other Government lands and the same was communicated to the Sub Registrar of Vemulavalasa Village. The total extent of Sy.No.155 of Vemulavalasa Village is in Government control except to an extent of Ac.0.40 cents which is in occupation of some encroacher by way of cultivation and appropriate action will be taken to resume the said land by following the due procedure. 7. Similarly, no assignment was made to the writ petitioner at any point of time either in Sy.No.292/2 of Vellanki Village or in Sy.No.155 of Vemulavalasa Village and he is never in possession and enjoyment of the subject land at any 5 HBKM,J W.P.No.4827 of 2020 point of time. He is not even recorded as an encroacher in Sy.No.155 of Vemulavalasa Village. All the documents submitted by the petitioner is fake and fabricated, which are not borne out of the official records. 8. The total extent of the Government land in Sy.No.155 of Vemulavalasa Village, Anandapuram Mandal was identified for allotment of house sites to the house less poor people under the welfare scheme of the State, accordingly, the said scheme was executed for allotment of house sites to the eligible beneficiaries. 9. In view of the above said facts and circumstances, as the petitioner has not established any assignment and possession over the subject land, no relief can be granted in this writ petition. 10. Accordingly, this Writ Petition is dismissed. 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 21.08.2025 PGT