APHC010086642020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5306 OF 2020 Between: 1. MOGAL SUBHAN BEE, W/O. MOGAL BIKAN BAIG, AGED ABOUT 81 YEARS, R/O. 6-23, SAIDAPURAM VILLAGE, KANDULAPURAM MANDAL, PRAKASAM DISTRICT. 2. CHIRASANI AMARNADH REDDY,, S/O, CHIRASANI BASI REDDY, AGED ABOUT 34 YEARS, R/O. CUMBUM VILLAGE AND POST, PRAKASAM DISTRICT. 3. KASIMPEERA, S/O. MOGHAL SUBAN BAIG, AGED ABOUT 42 YEARS, R/O. ARAVEETIKOTA VILLAGE, RACHARLA MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE TAHSILDAR, KAMBAM MANDAL, PRAKASAM DISTRICT. ...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 toto issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 in threatening 2 to dispossess the petitioners from their respective properties admeasuring Ac. 0.33 1/2 cents, Plot Nos. 40 and 41 and Plots No. 44, 45 and 46 respectively in Sy. No. 77/A1 situated at Kandulapuram village, Cumbum Mandal, Prakasam District without following due process of law as illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners properties admeasuring Ac. 0.33 1/2 cents, Plot Nos. 40 and 41 and Plots No. 44, 45 and 46 respectively in Sy. No. 77/A1 situated at Kandulapuram village, Cumbum Mandal, Prakasam District and to pass such pass IA NO: 1 OF 2020 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 respondent not to interfere with the possession and enjoyment of the petitioner's property admeasuring Ac. 0.33 '/2 cents, Plot Nos. 40 & 41 and Plots No. 44, 45 & 46 respectively in Sy. No. 77/A1 situated at Kandulapuram village, Cumbum Mandal, Prakasam District without following due process of law, pending disposal of the Writ petition before this Hon'ble court, and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The instant writ petition is filed challenging the action of the respondents in threatening to evict/dispossess the petitioners from the subject properties admeasuring Ac.0.33½ cents in Plot Nos.40, 41, 44, 45 and 46 in Sy.No.77/A1 3 of Kandulapuram Village, Cumbum Mandal, Prakasam District, without following the due process of law. 3. The petitioners contend that they purchased the said properties for valuable consideration between 1993 and 2003 under separate registered sale deeds bearing Document No.1011/1993 dated 07.07.1993, Document No.476/2003 dated 07.04.2003 and Document No.477/2003 dated 07.04.2003. The predecessors-in-title of the petitioners were assignees to whom the said lands were originally assigned. The petitioners further contend that after purchasing the said properties, they have been in peaceful possession and enjoyment of the same. 4. Today, when the matter was taken up for consideration, the learned Assistant Government Pleader for Revenue appearing for the respondents has placed before the Court a copy of the written instructions received from the 4th respondent dated 22.01.2026 stating as follows: “……….as per the Resettlement Register (RSR) of Kandulapuram Village, which is the basic, paramount and conclusive revenue record, the entire land in Sy.No.77/A1 is categorically classified as “Government Land”. This land was originally assigned in the year 1962 to one Sagili Bala Rangaiah, S/o. Rangaiah of Kandulapuram Village. Subsequently, during the year 1980 and in 1988, this assignee has sold this land to others violating the assignment rules. Thereupon, the then Tahsildar, Cumbum in her orders dated 24.01.2008 resumed this land in favour of Government after following due process for having violated the assignment rules as per POT Act, 1977. 4 Aggrieved by this, the purchasers filed W.P.No.13394 of 2008, where the Hon’ble High Court directed the Revenue Divisional officer, Markapur to take decision. The Revenue Divisional Officer, Markapur, in his orders D.Dis.C/1763/2011, dated 22.03.2013, decided that both the Assignees and the Purchasers are not eligible and ordered to resume the land. Accordingly, the then Tahsildar, Cumbum in his Rc.A/95/2010, dated 02.05.2013 has resumed the land in Sy.No.77/A1 in favour of Government.” 5. It is further stated that the petitioners are not in possession of the subject lands, as averred. It further appears from the said instructions that the respondents' verification did not reveal any house or compound wall constructed by the petitioners, as contended by the petitioners; therefore, the petitioners are treated as encroachers. 6. It is further stated that with regard to the alleged encroachment, the respondents would follow the due process as contemplated under the relevant provisions of A.P. Land Encroachment Act, 1905 and appropriate orders would be passed after issuing notice to the petitioners and after following the due procedure established under law. 7. In light of the said statement made by the learned counsel for the respondents, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to follow due process of law, if the possession of the petitioners is found to be unauthorized and if any action is contemplated for their eviction, the same shall be after following due procedure under law and after providing opportunity of hearing to the petitioners. 5 8. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 06.03.2026 BSK 6 78 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5306 OF 2020 Date: 06.03.2026 BSK