APHC010082332020 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: 4828/2020 Between: 1. KOMMU CHANDRAMMA,, W/O. LATE RAMULU, AGED 56 YEARS. 2. KOMMU NAGARAJU,, S/O. LATE RAMULU, AGED 38 YEARS. 3. KOMMU SHANKAR,, S/O. LATE RAMULU, AGED 34 YEARS. 4. KOMMU MADHAVASWAMY,, S/O. LATE RAMULU, AGED 38 YEARS. 5. KOMMU APPALAKONDA,, W/O. LATE APPARAO, AGED 53 YEARS. 6. KOMMURAJU,, S/O. LATE APARAO, AGED 27 YEARS. ALL ARE RESIDENTS OF D.NO.8-22, VELLANKI VILLAGE, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE TAHSILDAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, BHIMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT 2 HBKM,J W.P.No.4828 of 2020 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MANOJ KUMAR BETHAPUDI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.4828 of 2020 The Court made the following Order: Heard the learned counsel for the petitioners 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 petitioners 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 petitioners refers to the proceedings of the 4th repsnodent dated 31.10.1980 to say that one Mr. Kommu Guravayya S/o. Appayya was given tentatively assignment for an extent of Ac.0.50 cents in Sy.No.292/2 Konda of Vellanki Village, Bheemunipatnam Mandal. 4. He also refers to the G.O.Ms.No.575 Revenue (Assignment-I) Department, dated 16.11.2018 in the matter of deletion of the Government lands assigned prior to 18.06.1954 from the purview of Section 22-A of the Registration Act, 1908. 5. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that no assignment was granted to the said Kommu Guruvlu in Sy.No.292/2 of Vellanki Village at any point of time and he is never in possession of the said land. Even in web land 4 HBKM,J W.P.No.4828 of 2020 data also, the Sy.No.292/2 with an extent of Ac.0.89 cents was recorded as “Government Land”. Since it is the Government land, the same was included in the prohibited list under Section 22 (A)(1) of the Registration Act by the District Collector, Visakhapatnam on par with other Government lands and communicated to the Registration department. Hence, the petitioners claiming to be the LRs of the said Kommu Guruvlu, cannot seek any assignment or cannot make any claim over the subject land. 6. 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 and as such there is no chance to grant patta by the 3rd respondent/Tahsildar/MRO, Anandapuram to the writ petitioners in the year 1980, as contended by him and no assignment could be made either to the writ petitioners or to his ancestors at any point of time. There is no sub-division like S.No.155/3 in Vemulavalasa Village, hence, the dispossession of the petitioners from the Government land in Sy.No.155/3 of Vemulavalasa Village does not arise. The entire Sy.No.155 of Vemulavalasa Village with an extent of Ac.11.02 cents is a single field as per F.M.B. (Field Measurement Book) of Vemulavalasa and S.F.A. of Vemulavalasa Village. 7. The Sy.No.155 of Vemulavalasa Village in Anandapuram Mandal with an extent of Ac.11.02 cents is a Government land classified as “Konda Poramboke” vested with the Government with clear title and ownership over 5 HBKM,J W.P.No.4828 of 2020 the land. The entire Sy.No.155 is a single field and there are no sub-divisions in Sy.No.155 as per the FMB and also as per the Settlement Fair Adangal of Vemulavalasa Village. The total extent of Sy.No.155 of Vemulavalasa Village is in Government control except an extent of Ac.0.40 cents, which is in occupation of some encroacher by way of cultivation. Similarly, no assignment has been made either to the writ petitioners or their ancestors by name Kommu Guruvulu at any point of time either in Sy.No.292/2 of Vemulavalasa Village or in Sy.No.155 of the said village and they are never in possession and enjoyment of the same. The documents filed by the petitioners are fake and fabricated and as such they can’t be relied upon. 8. The Government land in Sy.No.155 of Vemulavalasa Village, Anandapuram Mandal, including the subject properties of the said land was identified for allotment of house sites to the houseless poor 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 petitioners has not established any assignment and possession over the subject land, no relief can be granted in this writ petition and keeping the Government land under the prohibited list is not contrary to law on the part of the respondents. 10. Accordingly, this Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 6 HBKM,J W.P.No.4828 of 2020 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 21.08.2025 PGT