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2026 DAILYLAW 16251 (AP)

MALLU MARINAYYA v. THE STATE OF ANDHRA PRADESH

WP/3316/2026 · 2026-02-23

B Krishna Mohan

body2026

Judgment text

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APHC010054032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3316/2026 Between: 1. MALLU MARINAYYA, S/O M TATABAI, AGED 62, R/O D.NO.5- 168, FM COLONY, NEMAM, KAKINADA RURAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENTOF REVENUE, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522237. 2. 2. THE ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION, REP. BY ITS MANAGING DIRECTOR, APLLC TOWERS. PLOT NO.L, MANGALAGIRI, GUNTUR DISTRICT - 522501. 3. 3. THE DISTRICT COLLECTOR, OPP COURT COMPLEX, KAKINADA, KAKINADA DISTRICT.533004 4. THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT.533004. 5. 5. THE TAHSILDAR, KAKINADA RURAL MANDAL, SARPAVARAM, KAKINADA, KAKINADA DISTRICT.533005. 6. 6. THE MANDAL SURVEYOR, KAKINADA RURAL MANDAL, KAKINADA RURAL MANDAL, SARPAVARAM, KAKINADA, KAKINADA DISTRICT.533005 7. 7. THE ZONAL MANAGER, APIIC, RAMANAYYAPETA, KAKINADA .533005. ...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 toPrayed that this Writ of Mandamus deelaring the action of respondents in attempting to dispossess the petitioner from the land admeasuring Ac 0.50 cents situated in Sy No. 289/3 and 289/4 of Nemam village, Kakinada Rural Mandal, Kakinada District 2 (previously East Godavari District) as illegal, highhanded, arbitrary, against law and violative of Article 300A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners land admeasuring Ac 0.50 cents situated in 289/3 and 289/4 of Nemam village, Kakinada Rural Mandal, Kakinada District (previously East Godavari District) without following due process of 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 prayed that this Honble Court may be pleased to direct 6TH respondent to conduct survey in Sy No. 289 of Nemam village, Kakinada Rural Mandal, Kakinada District and demarcate petitioners land admeasuring Ac 0.50 cents situated in in 289/3 and 289/4 in the presence of petitioner and pass IA NO: 2 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 interfere with peaceful possession and enjoyment of the petitioners land admeasuring Ac 0.50 cents situated in 289/3 and 289/4 of Nemam village, Kakinada Rural Mandal, Kakinada District (previously East Godavari District) and pass Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SANTHI CHANDRA SC For APIIC 3 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue for the respondent Nos.1 to 6 and the learned Standing Counsel for the 7th respondent. 2. This writ petition is filed questioning the action of the respondents in attempting to dispossess the petitioner from the land to an extent of Ac.0.50 cents situated in Sy.No.289/3 and 289/4 of Nemam Village, Kakinada Rural Mandal, Kakinada District (previously East Godavari District). 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 5th respondent dated 06.02.2026 submits that the land was previously acquired for house sites to weaker section under the welfare scheme from the APIIC Department in the year 2020. In the said land, layout was formed and house site pattas were also issued to the sarpavaram beneficiaries. The then Land Acquisition Officer paid compensation dated 30.04.2020 to the land owners basing upon the list communicated by the APIIC Department. In the revenue records the said lands details are also noted as ‘government land-house sites’. The awardeee details are as follows: Sl. No. Name of the land owner Sy. No. Extent Amount 1 Macha Surya Rao S/o Pothanna 289/3 0.27 953437 2 289/4 0.36 1271250 4 4. The writ petitioner filed F-line application for the subject land and further action will be taken as per Survey & Boundaries Act. 5. The 6th respondent also submitted written instructions dated 07.02.2026 which shall be made as part of the court record. 6. In reply, the learned counsel for the petitioner submits that the F- line application filed by the petitioner dated 02.02.2026 is pending for consideration. 7. In view of the above said facts and circumstances, the 5th respondent is directed to consider and dispose of the F-line application of the petitioner dated 02.02.2026 vide TAFSNV012600903250 strictly in accordance with law by hearing all the parties concerned including the petitioner and others giving due opportunity, upon verification of the records and conducting necessary survey of the land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of this order. 8. Accordingly, the writ petition is disposed of. The written instructions of the 5th respondent dated 06.02.2026 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 5 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.02.2026 NNN