IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5157 OF 2025 Between: Perumalla Venu, S/o. Hazarathiah Aged 37 years, Cultivation R/o. Mabbuguntapalem Village, Dagadarthi Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department Secretariat Bldgs, Velagapudi, Amaravati. 2. The District Collector, SPSR Nellore District Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Dagadarthi Mandal, SPSR Nellore District. ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus, declare the acts on the part of the 4th respondent and his subordinates seeking to dispossess the petitioner from the lands in Sy No. 64 for an extent of Ac. 0.18 cents, and in Sy No. 65 for an extent of Ac. 0.78 cents total Ac. 0. 96 cents situated at Mabbuguntapalem Village, Dagadarthi Mandal, SPSR Nellore District without notice, without foilowing due process of law amounts to erroneous arbitrary and violative of Articles 14 and 21 of the Constitution besides being violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from referred lands in the interest of justice. lA NO: 1 OF 2Q2fi of India the above 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 2 to 4 not to dispossess from the lands in Sy No. 64 for an extent of Ac. 0.18 cents, and 65 for an extent of Ac. 0.78 cents: the petitioner in Sy No. total Ac. 0. 96 cents situated at Mabbuguntapalem Village Dagadarthi Mandal, SPSR Nellore District pending disposal of the above WP in the interest of justice. Counsel for the Petitioner: SRI. T C KRISHNAN Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010097242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y [3328] u.> ■.-X r TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5157/2025 Between: AGED 37 YEARS, CULTIVATION R/0. MABBUGUNTAPALEM VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. 1.PERUMALLA VENU, S/0. HAZARATHIAH ...PETITIONER AND PRINCIPAL 1.THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, REVENUE DEPARTMENT SECRETARIAT BLDGS VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, DAGADARTHI MANDAL, DISTRICT. SPSR NELLORE ...RESPONDENT(S): Counsel for the Petitioner: 1.T C KRISHNAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 ORAL ORDER: learned Counsel representing the Writ Petitioner; M. Vinod Kumar, Counsel for Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue. Heard Sri T.C. Krishnan learned Sri is filed seeking the following relief: The present Writ Petition “ pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declare the acts on the part of the 4'” respondent and his subordinates sefmgto dispossess the petitioner from the iands in Sy.No. 64 for an extent of Ac. 0.18 cents, and in Sy No. 65 for an extent of Ar0 78 cents total Ac.0.96 cents situated at Mabbuguntapalem Village, Dagadarthi Mandal. SPSR Nettore District without notice, without following due amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, besides being violative of principles of natural justice and consequently direct the respondents not to dispossess the petitioner from the above referred lands in the interest ofjustice... 2. learned Assistant Government Pleader for Instructions furnished by the Tahsildar of Sri K. Arjun Chowdhary Revenue has submitted the Written Dagadarthi, SPS Nellore District, dated 24.02.2025. Copy of it is served on the Counsel for the Writ Petitioner and the same 4. The relevant portion of the Written Instructions is usefully extracted 3. is taken on record. hereunder; 1. At the outset it is submitted that this respondent and his interfered with the land in Sy.No.64 of contended by the subordinates never Mabbuguntapalem H/o. Velupodu village as petitioner. regards Sy.No.65 admeasuring Ac.0.78 cents, it is ^ ■ "cart track" Poramboke in Fair 2 As submitted'that it is classified as , , , . Adangal of Velupodu village and the cart track's w/ff] Grarnpanchayat of Velupodu village u/s 53(1) of AP Panchayat Raj Act, 1994. 3 The Grampanachayat, Velupodu represented by its secretary in its resolutL dated: 05.02.2025 has brought to the notice of this respondent that the cart track situated in Velupodu village has been affected by therefore requested to demarcate the land in Sy.No.65 of Mabbuguntapalem H/o. Velupodu village. V 3 4. On the other hand, Sri GaddeTirupalu and other inhabitants of SC Coiony of Mabbuguntapalem H/o. Velupodu village have also filed representation before this respondent on 06.02.2025 stating that they have been utilizing the cart track situated in Sy.No.65 of Velupodu village as a access 'to reach the burial ground. They alleged that the petitioner herein and his family members have encroached upon the cart track situated in Sy.No.65 and causing obstruction to them to utilize the said cart track and therefore the inhabitants of SC Colony have requested to restore the cart track situated in Sy.No.65 by evicting the encroachers. 5. It is submitted that the SC Colony is situated on the western side of Velupodu tank as well as burial ground. The burial ground and Velupodu tank are situated on the eastern side of SC Colony. The cart track situated in Sy.No.65 is located in between SC Colony and burial ground & Velupodu tank. 6. Keeping in view of the resolution dated:05.02.2025 of Grampanchayat of Velupodu as well as the representation dated:06.02.2025 of the inhabitants of SC Colony, this respondent has deputed the VRO & Village Surveyor to Mabbuguntapalem H/o. Velupodu on 13.02.2025 with a direction to demarcate the cart track situated in Sy.No.65 of the said village and to report the state of affairs on ground in Sy.No.65 of Mabbuguntapalem H/o.Velupodu. 1. During the course of demarcation of land In Sy.No.65 the VRO & Village surveyor have noticed that the petitioner and his family members have raised paddy in Sy.No.65 and the paddy has come up for harvesting. After demarcating the land in Sy.No.65 the VRO & Village surveyor have returned back to the pavilion. At this juncture, the present writ petition is filed. 8. The land in Sy.No.65 admeasuring Ac.0.78 cents being classified as cart track poramboke is meant for public purpose and it is not prima-facie available for encroachment. Encroachment of cart track by the petitioner and his family members Is highly objectionable. 9. The petitioner's family possess Ac.1.60 cents of land in Sy.No.64 of Mabbuguntapalem H/o.Velupodu village excluding the subject land. 10. As the petitioner and his family members have deliberately encroached the cart track in Sy.No.65 of Mabbuguntapalem H/o. Velupoduwhich is meant for public purpose restricting the inhabitants of SC Colony to utilize the said cart track, the petitioner and his family member are liable to be evicted from the land in Sy.No.65 by following due process of law.” i / Para No.6 in the above Written Instructions would indicate that, at the Official Respondents have 5. request and behest of the Panchayat, th^ conducted a Survey. 4 Learned Counsel for the Writ Petitioner would submit that no Notice was given to the Petitioner while conducting the Survey. 7. Having regard to the above facts, there shall be a direction to the Official Respondents to conduct a fresh Survey in the presence of the Writ Petitioner as well as the Gram Panchayat. In this view of the matter, if any Report is already submitted after conducting a Survey, such Report is set aside. There shall be a direction to the Tahsildar, Dagadarthi Mandal, SPSR Nellore District (Respondent No. 4), to conduct a fresh Survey in the presence of the Writ Petitioner. Let the Survey be conducted on 17.03.2025 at 10:30 a.m. Since the Writ Petitioner is already before the Court, for the conduct of the Survey at 10:30 a.m. on 17.03.2025, no further advance Notice is required to the Writ Petitioner. The Official Respondents shall, of course, inform the local Gram Panchayat and conduct the Survey in the presence of everyone and furnish the final Report to all the parties within a period of two (02) weeks thereafter. 6. 8. 9. 10. 11. With these observations and directions, this Writ Petition stands 12. disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in ter^s of this order. Sd/- M SRiNiVAS ASSISTANT REGISTRAI^ 13. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Bldgs, Velagapudi, Amaravati. 2. The District Collector, SPSR Nellore District Nellore. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Dagadarthi Mandal, SPSR Nellore District. 5. One CC to Sri. T C Krishnan Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:04/03/2025 ORDER WP.No.5157 of 2025 g 17 MAR 2025 | Current Section . ^ Xj DISPOSING OF THE WP WITHOUT COSTS