IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6072 OF 2020 Between: 1. Beeram Subba Reddy, S/o. Nagi Reddy Aged 65 years, Occ. Agriculture, R/o. Uppathivaripalli Village, Badvel Mandal, YSR Kadapa District. 2. Beeram Sesha Reddy, S/o. Nagi Reddy Aged 60 years, Occ. Agriculture, R/o. Uppathivaripalli Village, Badvel Mandal, YSR Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet, YSR Kadapa District. 4. The Tahasildar, Badvel Revenue Mandal, Badvel, YSR Kadapa 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent no.4 in issuing the notice vide Ref.B/8/2020 dt.24.02.2020, under section 7 of the Andhra Pradesh Land Encroachment Act 1905 to evict the petitioners summarily from a waste land an extent of A.C.0.39 cents in Survey No. 13 of Puttayapalle Village, Badvel Mandal, YSR r Kadapa District and proceeding to evict the petitioners summarily from the land is as illegal, irregular, arbitrary, unjust and against the principles of natural justice, consequently directing the respondents not to dispossess the petitioner from the said land and also direct the respondents to allot/assign the said land to the petitioners lA NO: 1 OF 2021 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Kadapa, YSR Kadapa District 3. The Revenue Divisional Officer, Rajampet Revenue Division, Kadapa District 4. The Tahsildar, Badvel Mandal, Kadapa District ... Petitioners/Respondents AND 1. Beeram Subba Reddy, S/o. Nagi Reddy, Aged about 65 years. Occupation: Agriculture, R/o. Uppathivaripalli Village, Badvel Mandal, YSR Kadapa District 2. Beeram Sesha Reddy, S/o. Nagi Reddy, Aged 60 years, Occ: Agriculture, R/o. Uppathivaripalli Village, Badvel Mandal, YSR Kadapa District ... Respondents/Petitioners 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 vacate the interim orders dt; 16-03-2020 in WP.No.6072/2020 and dismiss the writ petition lA NO: 1 OF 2020 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 to not to dispossess the petitioners from -1 the land an extent of A.C.0.39 Cents in Sy.No.13 of Puttayapalle Village, Badvel Mandal, YSR Kadapa District Counsel for the Petitioners: SRI G JAGADEESWAR Counsel for the Respondents No.1 to 4: GP FOR REVENUE (AP) The Court made the following: Order n 1 APHC010100622020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6072/2020 Between; ...PETITIONER(S) Beeram Subba Reddy and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): l.G JAGADEESWAR Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Heard Sri G. Jagadeeswar, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, appearing for the respondents. Being aggrieved by the action of the respondents, in issuing the 2. notice in Ref;B/8/2020 dated 24.02.2020, under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, to evict the petitioners from land in an 2 extent of Ac.0.39 cents in Sy. No. 13 of Puttayapalle Village, Badvel Mandal, N YSR Kadapa District, the instant Writ Petition is filed. 3. A perusal of notice reflects that the same has been issued by the th Tahsildar under the provisions of the Land Encroachment Act. The 4 respondent - Tahsildar has filed counter affidavit in the Writ Petition, stating that the subject land is classified in revenue records as Rastha Poramboke. Therefore, the same would vests with the government. In order to issue house site pattas in respect of the subject land, in favour of the beneficiaries of the scheme launched by the government viz, “Navaratnalu Pedalandiriki lllu”, the impugned notice was issued. It is contended that as per the provisions of Section 53(1) of the A.P.Panchayath Raj Act, 1994, Poramboke lands would vests with Gram Panchayath. G.O. Ms. No.188 dated 21.07.2011 categorized the land belonging to the Gram Panchayath into three categories,which reads as follows: “Classification of Gram Panchayat properties shall be classified into three categories as follows; (i) CATEGORY- A: OWN AND ACQUIRED All general roads and drains, cattle pounds, cattle sheds, common market areas, 10% open spaces in layouts, existing parks, lands purchased by the Gram Panchayats. (ii) CATEGORY-B: GIFTS, DONATIONS, TRANSFER OF LANDS to Gram Panchayats. (Hi) CATEGORY-C: VESTED WITH GRAM PANCHAYATS All public water works. All public water courses. Springs, Reservoirs, Tanks, cisterns, Fountains, Wells, Stand Pipes and other water 3 works (as per section 80 of Andhra Pradesh Panchayat Raj Act) Minor Irrigation Tanks, Tank bunds and all water bodies and vested porambokes (Grazing Lands threshing floors, Burning and Burial grounds, cattle stands, cart stands topes, etc). ” A careful perusal of the G.O. Ms. No. 188 dated 21.07.2011, 4. would reflect the subject land falls under the category ‘A’. In that view of the matter, the impugned notice issued by the Tahsildar in respect of the land which is classified as Rastha land has no jurisdiction, to issue notice in respect of lands belonging to the Gram Panchayath. The same is accordingly set aside. However, it is left open to the respondents to proceed in accordance with law, except if the petitioner is found to be in un-authorized occupation of the lands. The Writ Petition is accordingly allowed, setting aside the 5. impugned notice of the Tahsildar vide Ref:B/8/2020 dated 24.02.2020. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1 ThP Prinrioal Secretary State of Andhra Pradesh, Revenue Department!^ Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. To, 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet, YSR Kadapa District. Badvel Revenue Mandal, Badvel, YSR Kadapa District. 4. The Tahasildar, 5. One CC to SRI G JAGADEESWAR Advocate [OPUC] 6. Two CCS to GP FOR REVENUE (AP), High Court of Andhra Pradesh [OUT] 7. Three CD Copies HIGH COURT DATED: 24/01/2025 ORDER OF 18 FEB 2025 1 ■•VO. . Current Section <i^SMTC*gS-^ WP.No.6072 of 2020 2? ALLOWING THE WP WITHOUT COSTS