APHC010029002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2446/2026 Between: 1. EIINDALA USHA KUMARI, W/O. LATE E.RAJU, AGED 58 YEARS, OCC. AGRICULTURE LABOUR, R/O. 47-2-9/1, BETHLEHEMPETA PALAKOLLU, WEST GODAVARI DISTRICT-534260 2. ERUSUMANDA INDIRA KUMARI, W/O. SHYAM BABU, AGED 62 YEARS, OCC. AGRICULTURE LABOUR, R/O. 42-2-9/1, BETHLEHEMPETA, PALAKOLLU, WEST GODAVARI DISTRICT- 534260 3. YAJJALA DAVID RAJU, S/O. LATE APPA RAO, AGED 59 YEARS, OCC. AGRICULTURE LABOUR, R/O. 47-2-73, BETHLEHEMPETA, PALAKOLLU, WEST GODAVARI DISTRICT-534260. 4. YAJJALAPERCYPAL, S/O. LATE APPA RAO, AGED 64 YEARS, OCC. AGRICULTURE LABOUR,R/O. 42-2-9/1 BETHLEHEMPETA, PALAKOLLU, WEST GODAVARI DISTRICT-534260 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NARSAPUR, WEST 2 HBKM,J W.P.No.2446 of 2026 GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, PALAKOL, WEST GODAVARI DISTRICT ANDHRA PRADESH 5. THE PALAKOL MUNICIPALITY, PALAKOL, WEST GODAVARI DISTRICT ANDHRA PRADESH REP.BY ITS COMMISSIONER ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2 to 5 in interfering with our peaceful possession and enjoyment of land admeasuring an extent of Ac. 0-97 cents in R.S.No. 650/2 and extent of Ac. 0-17 cents in R.S.No. 651 of Palakollu, West Godavari District and making efforts to dispossess us from the said land as highly illegal, arbitrary and in violation of Article 14, 19 and 21 of the Constitution of India and also contrary to the orders passed by this Honble court in W.P.No. 14108 of 2000 Dt. 25- 01-2002 and to pass 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 pleased to direct the Respondents not to dispossess the petitioners from the land admeasuring an extent of Ac. 0-97 cents in R.S.No. 650/2 and extent of Ac. 0-17 cents in R.S.No. 651 of Palakollu, West Godavari District pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.2446 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and Smt. Sireesha Rani Vallabhaneni, the learned Standing Counsel for the 5th respondent. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 5 in interfering with the petitioners’ peaceful possession and enjoyment of the land admeasuring an extent of Ac.0-97 cents in R.S.No.650/2 and an extent of Ac.0-17 cents in R.S.No.651 of Palakollu, West Godavari District and making efforts to dispossess the petitioners from the said land. 3. The learned counsel for the petitioners submits that the petitioners are the encroachers of the subject land and their family is in possession and enjoyment of the same for the last two decades and during the life time of the petitioners’ mother, she filed earlier W.P.No.14108 of 2000 before the erstwhile High Court of Andhra Pradesh and the same was disposed of vide order dated 25.01.2002 in respect of the assignment of the subject land. Now that the respondent Nos.2 to 5 are trying to interfere with the peaceful possession of the subject land and as such, this writ petition is filed. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 relying upon the written instructions of the 4th respondent dated 30.01.2026 submits that an extent of Ac.0.25 4 HBKM,J W.P.No.2446 of 2026 cents in T.S.No.650-1 and Ac.3.01 cents in T.S.No.650-2 are classified as Government Poramboke (Tank) and an extent of Ac.0.21 cents in T.S.No.651 is classified as Government Poramboke (Kalidari) as per the Town Survey Register. The 4th respondent has not interfered with the subject land, since it pertains to the Municipal Authorities. Since the schedule land is vested with the Municipal Authorities, any action can be initiated by the Municipal Authorities as per the provisions of the Andhra Pradesh Municipalities Act, 1965. 5. Similarly, the learned Standing Counsel relying upon the written instructions of the 5th respondent dated 21.01.2026 submits that since the subject lands are classified as Tank and Kalidari in authentic town survey records, Adangal and ROR maintained by the Revenue Department, they are inalienable and no patta or assignment is permissible to the encroachers. The Revenue Department and the Municipality are lawfully protecting and restoring the tank in public interest for ground water recharge, irrigation and flood control, in furtherance of Articles 21 and 48-A of the Constitution. 6. Since the petitioners being the encroachers are seeking issuance of pattas for the subject lands, which are classified as tank and Kalidari respectively, the same cannot be considered too as there is no provision of law to consider the same. 7. In view of the above said facts and circumstances and upon consideration of the rival submissions made, no relief can be granted for 5 HBKM,J W.P.No.2446 of 2026 issuance of pattas or continuation of possession over the subject land as they are classified as tank and Kalidari in R.S.No.650-2 (0.97 cents) and R.S.No.651 (Ac.0.17 cents) of Palakollu, West Godavari District respectively as per the relevant records of the Municipality and the revenue records. However, the petitioners are permitted to make representation to the respondent Nos.2 to 5 for grant of any other suitable residential site, if they are landless poor persons, by enclosing all the necessary documents, in support of their claim, within a period of four (04) weeks from the date of receipt of this order. In case of making any such representation by the petitioners as directed above, the respondent Nos.2 to 5 are directed to consider and dispose of the same, strictly in accordance with law and the case of the petitioners shall be considered basing upon the existing policy of the State with respect to the issuance of any pattas for house sites for the landless poor and if there are eligible and found suitable, the same shall be considered on its own merits by disposing of the representation of the petitioners as expeditiously as possible, preferably within a period of four (04) months thereafter. So far as the subject land is concerned, since it is a water body and Kalidari, they shall be protected by the respondent authorities concerned, preventing the encroachments, if any, in public interest. 8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. The written instructions of the respondent Nos.4 and 5 shall be made as part of the Court record. 6 HBKM,J W.P.No.2446 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 30.01.2026 PGT