APHC010006372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2178/2026 Between: 1. KODA APPA RAO,, S/O LATE KODA APPANNA @ CHINNA APPANNA, AGED ABOUT 60 YEARS, R/O. DOOR NO. 13-9, MANGAMARIPETA, K NAGARAPALEM, BHEEMUNIPATNAM MANDAL VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.531163. 2. KODA BABU ELLARAO,, S/O LATE KODA APPANNA @ CHINNA APPANNA, AGED ABOUT 49 YEARS, R/O. DOOR NO. 13-9, MANGAMARIPETA, K NAGARAPALEM, BHEEMUNIPATNAM MANDAL VISAKHAPATNAM DISTRICT, ANDHRA PRADESH.531163. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT - 530002. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM DISTRICT - 530002. 4. THE DISTRICT REVENUE OFFICER, VISAKHAPATNAM DISTRICT - 530002 5. THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT - 531163 ...RESPONDENT(S): 2 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 tomay be pleased to issue an order, proceedings or writ more particularly one in the nature of of Writ of Mandamus declaring the action of the respondent authorities in interfering with the petitioners dwelling house property in respect of the land covered under HSDR No. 752/92 and HSDR No. 753/92 in Survey No.365/3 and 365/4, an extent of 130 sq.yards, dated 23.02.1993, situated at Mangamaripeta Village, Kapuluppada Revenue Limits, Bheemunipatnam Mandal, Visakhapatnam District, without any authority and further proclaiming that petitioners house site as Government land, despite the fact house site patta was issued, besides local authorities received property tax and electricity bills on the subject property in lis and without issuing any notice or following due process of law, in respect of the petitioners supra house- site, wherein the petitioners are in settled possession and enjoyment for more than six decades and without taking appropriate action on the petitioners representations dated 29.08.2025, 01.09.2025 and 20.09.2025, as illegal, arbitrary, irrational and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India, and it is consequently prayed to direct the respondents not to interfere in any manner with the petitioners peaceful possession and enjoyment over the subject land, including removal of the erected warning boards and enable the petitioners to undertake lawful construction of their dwelling house in the subject property, and it is further consequently prayed to forthwith consider and dispose of the representations dated 29.08.2025, 01.09.2025 and 20.09.2025 strictly in accordance with law by following due process, and to pass such IA NO: 1 OF 2026 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 may be pleased to direct the respondents not to interfere in any manner with the petitioners' peaceful possession and enjoyment of the land covered under HSDR No. 752/92 and HSDR No. 753/92 in Survey Nos. 365/3 and 365/4, admeasuring 130 Sq. Yards, situated at Mangamaripeta Village, Kapuluppada Revenue Limits, Bheemunipatnam Mandal, Visakhapatnam District, including by removing the warning board erected on the subject land, and further permit and enable the petitioners to undertake lawful construction of their dwelling house in the subject property, pending disposal of the Writ Petition. IA NO: 2 OF 2026 3 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 may be pleased to direct the respondent authorities to forthwith consider and dispose of the petitioners' representations dated 29.08.2025, 01.09.2025 and 20.09.2025, strictly in accordance with law and by following due process, within a time frame to be stipulated by this Hon'ble Court, and pass such Counsel for the Petitioner(S): 1. G V S KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 4 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. This Writ Petition was filed questioning the action of the respondent authorities in interfering with the petitioners dwelling house property in respect of the land covered under HSDR No.753/92 and HSDR No.752/92 in Sy.No.365/4 and 365/3, an extent of 130 Sq. yards, dated 23.02.1993, situated at Mangamaripeta Village, Kapuluppada Revenue Limits, Bheemunipatnam Mandal, Visakhapatnam District, without any authority and further proclaiming that petitioners9 house site as Government land, despite the fact house site patta was issued, besides local authorities received property tax and electricity bills on the subject property in 8lis’ and without issuing any notice or following due process of law, in respect of the petitioners9 house sites stated supra, wherein the petitioners are in settled possession and enjoyment for more than six decades and without taking appropriate action on the petitioners representations dated 29.08.2025, 01.09.2025 and 20.09.2025. 3. The learned counsel for the petitioners submits that the petitioners were allotted house site pattas by the 5th respondent vide HSDR Nos.753/92 and 752/92 respectively for an extent of 65 Sq. yards each covered in Sy.Nos.365/4 and 365/3 in favour of the petitioners respectively. In pursuance of the same, they built residential houses and are residing therein, ever since 5 the said pattas were issued in their favour. But as the respondent authorities concerned have partly demolished the said houses, the petitioners made representations to the respondents concerned on 29.08.2025, 01.09.2025 and 20.09.2025 and the same were not considered so far. 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 5th respondent dated 27.01.2026, submits that the petitioners are claiming grant of house site pattas said to have been issued by the then Tahsildar, Bheemunipatnam vide HSDR. No.753/92 in an extent of 65 Sq. yards covered in Sy.No.365/4 in favour of the 1st petitioner and HSDR. No.752/92 in an extent of 65 Sq. yards covered in Sy.No.365/3 in favour of their mother by name Smt. Koda Yellamma. But the records maintained by the Office of the 5th respondent do not disclose any kind of such assignments in favour of the petitioners. The said written instructions of the 5th respondent dated 27.01.2026 shall be made as part of the Court record. 5. In reply, the learned counsel for the petitioners submits that under the Right to Information Act, the following particulars were furnished by the Assistant Engineer(H), Bhimili Mandal and the Deputy Executive Engineer(H) Bhimili sub division, wherein, at Sl.Nos.251 and 257, the names of the 1st petitioner and his late mother9s name are reflected as beneficiaries under the said scheme as detailed in the table below: Sl. No Scheme Name Year Name of the Beneficiary Father/Husband9s Name Stage Caste 233 " " PARUPALLI POLAMMA RC BC 234 " " SURAKALA BOJJAMMA RC BC 235 " " GANTE ATCHAMMA RC BC 236 " " CHEPALA BANGARAMMA RC BC 6 237 " " KURAMDASU RAMULAMMA RC BC 238 " " GARIKINA ARREMMA RC BC 239 " " GARIKINA GURAMMA RC BC 240 " " VASUPALLI DURGALAMMA RC BC 241 " " RAGATI SATHAYAMMA RC BC 242 " " UMMIDI NALLAMMA RC BC 243 " " VASUPALLI DANAYAMMA RC BC 244 " " R SATHEYAMMA RC BC 245 FM 2003-04 GARIKINA NARISAMMA NOOKANNA LATE RC BC 246 " " GAIKINA CHINADASAMMA DASU LATE RC BC 247 " " SEERAM APPALASWAMI TATA LATE RC BC 248 " " SEERAM SATTENNA ADEPPA LATE RC BC 249 " " GARIKINA NOOKARAJU DASAMMA LATE RC BC 250 " " SEERAM APPALAKONDA APPALASWAMY RC BC 251 " " KODA APPARAO CHINA NOOKANNA RC BC 252 " " GARIKINA TATARAO NARISAMMA LATE RC BC 253 " " GARIKINA CHINA NOOKARAJU NARISAMMA RC BC 254 " " SURADA PYDAMMA SIVAYYA LATE RC BC 255 " " GARIKINA APPARAO CHINA DASAMMA LATE RC BC 256 " " SURADA APPANNA APPANNA LATE RC BC 257 " " KODA YELLAMMA CHINNAPPANNA LATE RC BC 258 " " GARIKINA NARSAMMA NOKANNA LATE RC BC 259 " " GARIKINA NOOKALAMMA NOOKANNA RC BC 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made as the representations of the petitioners dated 29.08.2025, 01.09.2025 and 20.09.2025 are pending before the authorities concerned, the 2nd respondent is directed to consider and dispose of the same strictly in accordance with law by hearing all the parties concerned including the petitioners, giving due opportunity, upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits within a period of three (03) months from the date of receipt of copy of this Order. Pending the above said enquiry, there shall be an order of status-quo as on today to be maintained with respect to the subject land covered under HSDR No.753/92 and HSDR No.752/92 in Sy.No.365/4 and 365/3 to an extent of 130 Sq. yards, situated at Mangamaripeta Village, 7 Kapuluppada Revenue Limits, Bheemunipatnam Mandal, Visakhapatnam District. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 28.01.2026 SCH 8 239 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.2178 of 2026 Date: 28.01.2026 SCH