APHC010526382026 IN THE HIGH COURT OF ANDHRA PRADESH Thursday, the 1 The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 28581 of 2026 Between: 1. Amarthapudi Bala Sundar Rao, S/o. Yellaiah, aged 70 years, Occupation : agriculture, R/o. D. No.2 Savalyapuram mandal, Palnadu district. 2. Patra Nagarathnamma, W/o. George, aged 80 years, occupation : agriculture, R/o. D.No.30, Pichuk Palnadu district. 3. Lingala Naga Rani, W/o. Lingala Prabhakar, aged 45 years, occupation: agriculture, R/o.D.No.1 Savalyapuram mandal, Palnadu district. 4. Amarthapudi Kotilingaiah, S/o. Amarthapud years, occupation: agriculture, R/o. D. No. 3 village, Santhamaguluru mandal, Prakasam district. 5. Amarthapudi Abraham, S/o. late A.Yakubh, aged 54 years, occupation : agriculture, R/o. D.No.2 Savalyapuram mandal, Palnadu district. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) Thursday, the 1st day of October, 2026 Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No. 28581 of 2026 Amarthapudi Bala Sundar Rao, S/o. Yellaiah, aged 70 years, Occupation : agriculture, R/o. D. No.2-5, Pichukalapalem, Savalyapuram mandal, Palnadu district. 2. Patra Nagarathnamma, W/o. George, aged 80 years, occupation : agriculture, R/o. D.No.30, Pichukalapalem, Savalya-puram mandal, 3. Lingala Naga Rani, W/o. Lingala Prabhakar, aged 45 years, occupation: agriculture, R/o.D.No.1-162/3, Pichukalapalem, Savalyapuram mandal, Palnadu district. 4. Amarthapudi Kotilingaiah, S/o. Amarthapudi Prabhakar Rao, aged years, occupation: agriculture, R/o. D. No. 3-485, Kamaiah palli village, Santhamaguluru mandal, Prakasam district. 5. Amarthapudi Abraham, S/o. late A.Yakubh, aged 54 years, occupation : agriculture, R/o. D.No.2-9/1, Picukalapalem village, Savalyapuram mandal, Palnadu district. ... Petitioners IN THE HIGH COURT OF ANDHRA PRADESH The Honourable Ms. Justice B.S. Bhanumathi Amarthapudi Bala Sundar Rao, S/o. Yellaiah, aged 70 years, 5, Pichukalapalem, 2. Patra Nagarathnamma, W/o. George, aged 80 years, occupation : puram mandal, 3. Lingala Naga Rani, W/o. Lingala Prabhakar, aged 45 years, 162/3, Pichukalapalem, i Prabhakar Rao, aged 485, Kamaiah palli 5. Amarthapudi Abraham, S/o. late A.Yakubh, aged 54 years, em village, ... Petitioners 2 BSB,J W.P.No.28581 of 2026 1. The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Amaravati, Velagapudi, Guntur District - 522238. 2. The District Collector, Palnadu, Palnadu district - 522601. 3. The Revenue Divisional Officer, Narasaraopet, Palnadu district- 522601. 4. The Tahsildar, Savalyapuram Mandal, Palnadu district- 522646 5. The District Panchayat Officer, Palnadu, Palnadu district-522601. 6. The Pichukalapalem Gram Panchayat, represented by its Secretary, Pichukalapalem village, Savalayampuram mandal, Palnadu district - 522649. ... Respondents Counsel for the petitioner 1. N.Aswartha Narayana Counsel for the respondents 1. Government Pleader for Panchayat Raj and Rural Development 2. Government Pleader for Revenue 3 BSB,J W.P.No.28581 of 2026 The Court made the following Order: This writ petition is filed under Article 226 of the Constitution of India for declaring the action of the respondent No.6 in forcibly digging the lands in Sy.No.122 to an extent of Ac.No.1.00 cents of the petitioner No.1, in Sy.No.122 to an extent of Ac. No.1.00 cents of the petitioner No.2, in Sy. No.122 to an extent of Ac.No.1.50 cents of the petitioner No.3, in Sy. No.122 to an extent of Ac.No.1.00 cents of the petitioner No.4 and in Sy. No.122 to an extent of Ac.No.1.00 cents of the petitioner No.5 situated at Pitchikalapalem village, Savalayam- puram mandal, Palnadu district and selling away the said mud to private individuals and creating a Kunta, in spite of pendency of the petitioners' representation dated 28.09.2026 before the respondent No.2 for change of classification of land from ‘Kunta’ to ‘assessed land’ as illegal and arbitrary and consequently direct the respondents Nos.2 to 6 not to take any coercive steps against the petitioners' lands and to pass such other order or orders which this Court deems fit in the interest of justice. 02. The case of the petitioner, stated briefly, is as follows: The petitioners are the absolute owners and possessors of the subject land situated in Pitchikalapalem village, Savalyapuram mandal, Palnadu district. E xcept the petitioners, no one has any right over the property. The Tahsildar, Vinukonda mandal gave temporary permissions, pending assignment, for cultivation of these lands in the year 1985. The said orders are in force as on today. When the revenue authorities made attempt to dispossess, then a writ petition W.P.No.36583 of 2017 was filed by the petitioners Nos.2 to 4 and G.Vidyavathi, who is the sister of the petitioner No.3 and one Yakub 4 BSB,J W.P.No.28581 of 2026 who is father of the petitioner No.5. When the writ petition came up for admission, the composite High Court passed the following order on 02.11.2017. “Since, prima facie, petitioners’ possession of the subject land is established by the judgment dt.12.06.1995 in O.S.No.157 of 1984 of the Munsif Magistrate, Vinukonda, the respondents cannot seek to evict the petitioners there from without following due process of law. Therefore, there shall be interim order to respondents not to dispossess the petitioners from the subject land without following due process of law.” The interim order is in force as on today. The revenue authorities filed a counter affidavit. The writ petition is pending for adjudication. The respondent No.4 addressed a letter vide Rc.No. 125 / 2026 – A, dated 16.09.2026 to respondent No.6 that the land of Ac.No.15.77 cents in Sy.No.122 is a water body, basing on the letter given by the villagers dated 07.09.2026, through P.G.R.S. Pursuant to the said application, now, the respondent No.4 highhandedly issued a letter and requested to take necessary action. The subject lands are not any Kunta and are purely agricultural lands. The petitioners have been undertaking agricultural operations. But, the respondents 4 and 6 intentionally levelling the mud and creating kunta. At the behest of the local political leaders, the respondent No.6 hatched a specific plan of action and is forcibly dispossessing the petitioners from the subject land by digging the same and by damaging the existing crop. Hence, this writ petition. 5 BSB,J W.P.No.28581 of 2026 03. The learned Assistant Government Pleader for Panchayat Raj and Rural Development requested time for instructions since the matter is moved in the lunch motion. 04. The learned counsel for the writ petitioner submitted that there is urgency since the earth in the said land is being high handedly removed by using J.C.B. and tipper vehicles and thereby causing loss to the writ petitioner. He further submitted that the representation dated 28.09.2026 given by the petitioners to the Collector / respondent No.2 is still pending and without taking decision on the representation, the earth is being removed. 05. In view thereof, the writ petition is disposed of at the admission stage directing the respondent No.2 to pass appropriate order on the representation of the petitioner, dated 28.09.2026 within two working days from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 01.10.2026 GRL 6 BSB,J W.P.No.28581 of 2026 100 THE HONOURABLE MS JUSTICE B.S.BHANUMATHI WRIT PETITION NO:28581 of 2026 Date: 01.10.2026 GRL 7 BSB,J W.P.No.28581 of 2026