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2026 DAILYLAW 16162 (AP)

Karumanchi Munaswamy v. The State of Andhra Pradesh

WP/2913/2026 · 2026-03-02

B Krishna Mohan

body2026

Judgment text

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APHC010050552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2913/2026 Between: 1. KARUMANCHI MUNASWAMY,, S/O K.PEDDABBA, AGED ABOUT 91 YEARS, OCC. FARMER, RIO 5-9, NALLA MANI KALAVA, TANAPALLI ARUNDATIVADA, TIRUPATI RURAL, TITUPATI -517561. 2. KARUMANCHI CHANDRA BABU,, S/O KARUMANCHI MUNASWAMY, AGED ABOUT 50 YEARS, OCC. FARMER, RIO 5-53, NALLA MANI KALAVA, TANAPALLI ARUNDATIVADA, TIRUPATI RURAL, TITUPATI -517561. 3. KARUMANCHI GAYATHARI,, D/O KARUMANCHI CHANDRA BABU, AGED ABOUT 23 YEARS, OCC. FARMER, RIO 5-53, NALLA MANI KALAVA, TANAPALLI ARUNDATIVADA, TIRUPATI RURAL, TITUPATI -517561. 4. KARUMANCHI VENKATESH,, S/O KARUMANCHI CHANDRA BABU, AGED ABOUT 21 YEARS,' OCC. FARMER, R/O 5-53, NALLA MANI KALAVA, TANAPALLI ARUNDATIVADA, TIRUPATI RURAL, TITUPATI -517561. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE, VELAGAPUDI, AMARAVATHI, ANDHRA 2 BKM,J W.P.No.2913 of 2026 PRADESH - 522237. 3. THE DISTRICT COLLECTOR, O/O THE DISTRICT COLLECTORATE, TIRUPATI DISTRICT, TIRUPATI-517501. 4. THE TAHSILDAR, TIRUPATI RURAL MANDAL, TIRUPATI DISTRICT - 517501. 5. THE VICECHAIRMAN AND MANAGING DIRECTOR, SAAP. SPORTS AUTHORITY OF ANDHRA PRADESH, INDIRA GANDHI MUNICIPAL STADIUM, MG RD, LABBIPET, VIJAYAWADA, ANDHRA PRADESH- 520010. ...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 an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 4th Respondent in laying marking stones in my land in Sy No. 191-2 to an extent of Ac 0.25 Cents, Sy No. 194-9 to an extent of Ac 0.68 Cents, Sy No.. 196-1 to an extent of Ac 0.25 Cents and Sy No. 198-11 to an extent of Ac 0.84 total extent being Ac 2.02 Cents, situated at Damineedu Village, Damineedu Village Accounts, Chandragiri Taluka, Chittoor District without any notice or enquiry or chance for explanation , entering into my land highhandedly is as illegal, arbitrary and unconstitutional, violation of principles of Natural justice and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the 4th respondent not to enter into my property without following due process of law and direct the 3rd and 4th respondents to not to dispossess the petitioners from their private Patta Lands in Sy No. 191-2 to an extent of Ac 0.25 Cents, Sy No 194-9 to an extent of Ac 0.68 Cents, Sy No. 196-1 to an extent of Ac 0.25 Cents and Sy No. 198-11 to an extent of Ac 0.84 total extent being Ac 2.02 Cents, situated at Damineedu Village, Damineedu Village Accounts, Chandragiri Taluka, Chittoor District until the payment of compensation in accordance with law and 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 3rd and 4th respondents to not to dispossess the petitioners from their private Patta Lands in Sy No. 191-2 to an extent of Ac 3 BKM,J W.P.No.2913 of 2026 0.25 Cents, Sy No. 194-9 to an extent of Ac 0.68 Cents, Sy No. 196-1 to an extent of Ac 0.25 Cents and Sy No. 198-11 to an extent of Ac 0.84 total extent being Ac 2.02 Cents, situated at Damineedu Village, Damineedu Village Accounts, Chandragiri Taluka, Chittoor District until the payment of compensation in accordance with law and pass Counsel for the Petitioner(S): 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR GENERAL ADMINISTRATION 3. G SAI NARAYANA RAO SC For SAAP 4 BKM,J W.P.No.2913 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and the learned Standing Counsel appearing for the respondent No.5. 2. This writ petition is filed questioning the action of the 4th respondent in laying marking stones in Sy.No.191-2 to an extent of Ac.0.25 cents, Sy.No.194-9 to an extent of Ac.0.68 cents, Sy.No.196-1 to an extent of Ac.0.25 cents and Sy.No.198-11 to an extent of Ac.0.84 cents total extent being Ac.2.02 cents, situated at Damineedu Village, Damineedu Village Accounts, Chandragiri Taluka, Chittoor District without any notice or enquiry or chance for explanation and entering into the land highhandedly. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent, dated 17.02.2026, submits that upon field verification, it was found that the lands in Sy.Nos.194/9, 196/1 and 198/1 are vacant and not covered by any structures. It is submitted that the 4th respondent and field staff noticed encroachments in adjacent lands and accordingly issued Form-7 and Form-6 notices to those encroachers in accordance with the provisions of the A.P.Land Encroachment Act, 1905. In this case, no such Form-7 or Form-6 notices were issued, and therefore the question of dispossession does not arise. 4. The learned Assistant Government Pleader further submits that the subject land claimed by the petitioner in Sy.No.194/9, 196/1 and 198/11, 5 BKM,J W.P.No.2913 of 2026 admeasuring an extent of Ac.0.68 cents, Ac.0.25 cents, Ac.0.84 cents, are classified as Government land and registered as <A.W.D= in the revenue accounts of Daminedu Village, Tirupati Rural Mandal of Tirupati District of erstwhile Chittoor District. Daminedu village is an Inam Estate Village covered under the provisions of Estate Abolition Act, 1948. 5. The 3rd respondent submitted alienation proposals to the Office of the Chief Commissioner of Land Administration (CCLA) for allotment of land in favour of the Andhra Pradesh Tourism Authority for development of national- standard sports infrastructure at Daminedu Village, Tirupati Rural Mandal, to an extent of Ac.28.37 cents in Sy.Nos.194/1,196/1 and 198/11, etc. The subject land is proposed for alienation in favour of the Secretary to Government, Youth Advancement, Tourism & Culture (YAT&C) Department. Accordingly, the Government of Andhra Pradesh has issued G.O.Ms.No.490, dated 12.12.2025, for establishment of Sports City. 6. In view of the above said facts and circumstances, as the subject land is vacant and no Form-7 and Form-6 notices are issued under the A.P. Land Encroachment Act, 1905, no further orders are necessary in this writ petition. Accordingly, this writ petition is disposed of. The respondent authorities shall proceed strictly in accordance with law with regard to the encroachments of the Government land. The Interim order, if any, deemed to have been vacated. There shall be no order as to costs. The written instructions of the respondent No.4, dated 17.02.2026 shall form part of the Court record. 6 BKM,J W.P.No.2913 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.03.2026 RMD 7 BKM,J W.P.No.2913 of 2026 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2913/2026 03.03.2026 RMD