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2026 DAILYLAW 16394 (AP)

VANA THAVITAYYA v. THE STATE OF ANDHRA PRADESH

WP/3224/2026 · 2026-02-08

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010056132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3224/2026 Between: 1. VANA THAVITAYYA, S/O RAMULU, AGED ABOUT 43 YEARS, OCC. SARPANCH, CHAKIPALLI VILLAGE, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 2. 2. PONDARA SRINIVASA RAO,, S/O RAJA RAO, AGED ABOUT 45 YEARS, OCC. AGRICULTURIST, CHAKIPALLI VILLAGE, TEKKALI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT AP SECRETARIAT. VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT-522241 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM.-532001 3. THE DISTRICT PANCHAYAT OFFICER DPO, SRIKAKULAM DISTRICT AT SRIKAKULAM.-532001 4. THE THASILDAR, TEKKALI REVENUE MANDAL, SRIKAKULAM DISTRICT.532001 5 5. THE CHAKIPALLI GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, CHAKIPALLI VILLAGE, TEKKALI MANDAL,SRIKAKULAM DISTRICT-532001 ...RESPONDENT(S): p. 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 to issue appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents to assign the land classified as Gorge (Road) in Sy.Nos 117 to 119/1, of Chakipalli Village, Tekkali Mandal, Srikaulam District as illegal, aribitary and contarary to the orders passed by this Flonble Court in WP No 16656 of 2020 dated 21.10.2020 and consequently direct the respondents herein not to assign the Gorge (Road) in Sy.Nos 117 to 119/1, of Chakipalli Village, Tekkali Mandal, Srikaulam District as house sites 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 to direct the respondents herein not to disturb the physical features of the Gorge (Road) in Sy.Nos 117 to 119/1, of Chakipalli Village, Tekkali Mandal, Srikaulam District as house sites pending disposal of the Writ petition and pass Counsel for the Petitioner(S): 1. A RAVI SHANKAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of respondents 4 & 5 in attempting to assign land in Sy.Nos.117 to 119/1, classified as Gorge, Chakipalli Village, Tekkali Mandal, Srikakulam District, as illegal and arbitrary. 2. Heard Sri Ravi Sankar, learned counsel for the petitioner and Smt. Usha, learned Assistant Government Pleader for Revenue appeared for respondents 1, 2 & 4 and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondent No.3 and Sri Chaitanya, p. 3 learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appeared for respondent No.5. 3. Learned counsel for the petitioner would submit that as per revenue records, the land of an extent of Ac.0.57 cents in Sy.No.117 and Ac.2.47 cents in Sy.No.119, are classified as Gorja. Respondents 4 & 5 are attempting to assign the land for house site, without following the due procedure of law. 4. Smt. Usha, learned Assistant Government Pleader for Revenue submitted the written instructions of respondent No.4-Tahsildar. A perusal of written instructions would indicate that no house site pattas were distributed in pursuance of the orders issued in W.P.No.19751 of 2022. The physical features of Gorje (Road) situated in Sy.Nos.117 to 119/1 of Chakipalli Village, Tekkali Mandal, Srikakulam District are not disturbed. 5. Thus, as seen from the instructions of respondent No.4, the apprehension of the petitioner that the land in Sy.Nos.117 to 119/1 would be assigned to the house site pattas, without following due procedure of law, is misconceived. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of directing the respondents 4 & 5 not to disturb the physical features of land, by assignments, situated in Sy.Nos.117 to 119/1 of Chakipalli Village, Tekkali Mandal, Srikakulam District, without following the due procedure of law. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.02.2026 TVN p. 4 454 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3224 of 2026 Date: 09.02.2026 TVN