APHC010071892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4141/2026 Between: 1. BAPANAPALLI VENKATESWARLU, S/O. B. POLAIAH, AGED ABOUT 69 YEARS, R/O.VENGAMAMBAPURAM, KAYYUR, TIRUPATI DISTRICT. 2. BAPANAPALLI SUBBARAYUDU,, S/O. B. POLAIAH, AGED ABOUT 56 YEARS, R/O.VENGAMAMBAPURAM, KAYYUR, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 522241 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT. 517501 3. THE REVENUE DIVISIONAL OFFICER, KALAHASTHI, TIRUPATI DISTRICT. 517501 4. THE TAHSILDAR, BALAYAPALLI MANDAL, TIRUPATI DISTRICT. 517501 ...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 of mandamus or any other appropriate writ or direction declaring action of the 4th respondent in trying to dispossess the 2 BKM,J W.P.No.4141 of 2026 petitioners highhandedly from their house plots i.e.. Plot Nos. 62 and 38 respectively of an extent Ac.0.05 cents each, situated at Vengamambapuram village, Balayapalli Mandal, Nellore District (now Tirupati District) and trying to allot the same to the 3rd parties as illegal, arbitrary, one without jurisdiction, violation of principles of natural justice, violation of Article 300A of constitution of India, and consequently, direct the respondents not to interfere with the possession of the petitioners over house plots i.e. Plot Nos. 62 and 38 respectively of an extent Ac.0.05 cents, situated at Vengamambapuram village Balayapalli Mandal, Nellore District (now Tirupati District) and 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 house plots i.e.. Plot Nos. 62 & 38 respectively of an extent Ac.0.05 cents each, situated at Vengamambapuram village, Balayapalli Mandal, Nellore District (now Tirupati District) during pendency of the Writ petition and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.4141 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 respondents. 2. This writ petition is filed questioning the action of the 4th respondent in trying to dispossess the petitioners highhandedly from their house plots i.e.. Plot Nos.62 and 38 respectively in an extent Ac.0.05 cents each, situated at Vengamambapuram village, Balayapalli Mandal, Nellore District (now Tirupati District) and trying to allot the same to the third parties. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 10.02.2026 submits that an extent of Ac.6.95 cents in Sy.No.66 of Vengamambapuram Village, Balayapalli Mandal is classified as Gayallu as per the village records. During the year 1987 a layout has been prepared and house site pattas were granted to the beneficiaries. Since 1987 nobody occupied the house site pattas allotted to them and raised any constructions in it. As the land is a vacant on the ground, out of Ac.6.95 cents, an extent of Ac.6.20 cents was allotted to the District Education Officer for construction of the Junior College. At present the Education Department constructed the Junior College on the site allotted to them and the Junior College is running and the remaining Ac.0.75 cents is vacant on ground. The authorities proposed the Government Buildings such as Village Health Clinic Centre on the vacant site and the writ petitioners now raised the temporary tents on the land in Sy.No.66. The writ petitioners are 4 BKM,J W.P.No.4141 of 2026 having own house in the village. Since 1987, the petitioners have not constructed the houses on the house sites allotted to them and the Government initiated action for construction of the Government Buildings. Hence, the writ petitioners filed this writ petition. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject Plot Nos.62 and 38 respectively in an extent Ac.0.05 cents each out of Ac.0.75 cents of Vengamambapuram village, Balayapalli Mandal, Nellore District (now Tirupati District) strictly in accordance with law and if the petitioners are otherwise found to be in possession of the subject Plot Nos.62 and 38 of Ac.0.05 cents each extent as claimed, they shall be dealt with strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land/plots, appropriate decision shall be taken on its own merits as expeditiously as possible. Any dispossession from the subject plots shall not be made except by following the due process of law. The said written instructions shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 5 BKM,J W.P.No.4141 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 12.02.2026 PGT