APHC010007712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 604/2026 Between: 1. KALAMAKURI DEVAMATHA, W/O YESEBU, AGED ABOUT 44 YEARS, R/O H. NO.2-357, KOTHAPALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT. 2. KALAMKURI MALLIKA,, W/O YESUPADAM, AGED ABOUT 54 YEARS, R/O H. NO.2-324, KOTHAPALLI VILLAGE,, BAPULAPADU MANDAL, KRISHNA DISTRICT. -522503 3. KALAMKURI AMMULU,, W/O ISRAIL, AGED ABOUT 44 YEARS, R/O H. NO.2-375, KOTHAPALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT.-521001 4. BATTU PARISUDHAM,, W/O NAGA BUSHANAM AGED ABOUT 63 YEARS, R/O H. NO.2-352, KOTHAPALLI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT.-521301 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. -522237 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. - 521001 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA, KRISHNA DISTRICT. -521301 4. THE THASILDHAR, BAPULAPADU MANDAL KRISHNA DISTRICT.-521111 ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, more particularly the action of 4th respondent in threatening to dispossess the petitioners from their land adm Ac.0- 20 cents each situated in R.S. No.15/1, LP No. 140 of Kothapalli Village, Bapulapadu Mandal, Krishna District as illegal, arbitrary and violation of principles of natural justice and violation of article 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess the petitioners from their above said land without following due process of law and pass….” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the 4th respondent is threatening to dispossess the petitioners from their respective lands admeasuring Ac.0.20 cents each, situated in R.S. No.15/1, LP No.140 of Kothapalli Village, Bapulapadu Mandal, Krishna District, without following due process of law, which action is illegal and arbitrary. 4. On the other hand, the learned Government Pleader for Revenue appearing for the respondents furnished the written instructions dated 08.01.2026 issued by the Tahsildar/4th respondent wherein it is stated that:- As per the Fair Land Register, RS No.15 (LP No.140), the land admeasuring Ac.10.29 cents is classified as Government Poramboke “Konda”. The subject land was assigned to 35 beneficiaries in the year 2005; however, possession was not delivered. Accordingly, Buddavarapu Rangamma and 34 others, including the petitioners, submitted a PGRS petition vide No. KR1202501184337 seeking survey and boundary fixation of Ac.0.20 cents each in RS No.15 of Kothapalli Village. Pursuant thereto, the Divisional Inspector of Survey, Gudivada, inspected the land and reported that jungle clearance was necessary for conducting the survey, and clearance work was initiated. At that stage, one beneficiary, Smt. Gujjula Roja Rani, filed W.P. No.9275 of 2025, which was disposed of with a direction not to interfere with possession except by following due process of law. Thereafter, the respondents did not interfere. Though the petitioners’ names were recorded in the adangal prior to re-survey, they were never in actual possession, and the land was accordingly classified as Konda Poramboke during re-survey. The land remains covered with bushes and no cultivation is being carried on. Hence, the question of interference with possession by the 4th respondent does not arise, and possession, if any, shall be delivered only by following due process of law. 5. Considering the submissions made by the learned counsel on either side, it is evident that the patta granted in favour of the petitioner is still subsisting and the same is also admitted by the respondents. In such circumstances, without cancelling the patta in accordance with law, the respondent authorities cannot interfere with or dispossess the petitioner. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioner except by following due process of law. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 08.01.2026 klk 178 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.604 of 2026 08.01.2026 kkllkk