APHC010097452021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5734 OF 2021 Between: 1. KONDAGORRI KANCHAMMA, W/O LATE THAVITAIAH, AGED ABOUT 56 YEARS, R/O D.NO. 6-9, MAIN VEEDHI, SEETHAMPETA, SRIKAKULAM DISTRICT. 2. KONDAGORRI GOPALA RAO,, S/O LATE THAVITAIAH, AGED ABOUT 34 YEARS, OCC. TECHNICAL ASSISTANT, (MGNREGS), R/O D.NO. 6-9, MAIN VEEDHI, SEETHAMPETA, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF AP, REP BY IT'S, PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF TRIBAL WELFARE, GOVERNMENT OF ANDHRA PRADESH, JAMI CHETTU CENTRE, SIDHARTHA NAGAR, LABBIPET, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 4. THE PROJECT OFFICER, I.T.D.A, SEETHAMPETA, SRIKAKULAM DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, PALAKONDA, SRIKAKULAM DISTRICT. 6. THE TAHASILDAR, SEETHAMPETA MANDAL, SEETHAMPETA, SRIKAKULAM DISTRICT. 2 7. THE VILLAGE REVENUE OFFICER, SEETHAMPETA VILLAGE, SEETHAMPETA MANDAL, SRIKAKULAM 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, order or direction more Particularly one in the nature of the writ of mandamus declaring the action of the Respondent No. 4, 5, 6 and 7 in interfering with the Petitioner's peaceful possession and enjoyment of the land being an extent of Ac. 1.03 Cents comprised in Sy.No. 26/2 and Ac. 0.76 Cents comprised in Sy.No. 26/1-1 situated at Seethampeta, Srikakulam District without issuing any notice even though there is Pattadar Pass Book and title deed her favour vide Patta No. 41 issued by the 5th respondent and further action of the Respondent No. 4, 5 and 6 in not conducting enquiry for entering the Petitioners name in 1-B Adangal (Register) in respect of the land being an extent of Ac. 1.03 Cents comprised in Sy.No. 26/2 and Ac. 0.76 Cents comprised in Sy.No. 26/1- 1 situated at Seethampeta, Srikakulam District in pursuance of the 3rd respondent direction with respect to conduct enquiry upon the eligibility and to submit compliance report within seven days vide S.R.No. 794-2021-H-6, Dated 20.01.2021 as illegal, arbitrary and Unconstitutional and consequently direct the respondents to enter the Petitioner's name in 1-B Adangal (Register) in relation to above land and pass IA NO: 1 OF 2021 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 not to interfere with the Petitioner's possession and enjoyment of the land being an extent of Ac. il.03 Cents comprised in Sy.No. 26/2 and Ac. 0.76 Cents comprised in Sy.No. 26/1-1 situated at Seethampeta, Srikakulam District, pending disposal of the writ petition, pending disposal of the writ petition and pass IA NO: 1 OF 2024 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 vacate the interim order dated 15.03.2021 in WP.No.5734 of 2021 and to dismiss the Writ Petition and pass Counsel for the Petitioner(S): 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following order: Heard Sri Harinadh Nidamanuri, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents. 2. The grievance of the petitioners in the instant writ petition is against the action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of an extent of Ac.1.03 cents in Sy.No.26/2 and Ac.0.76 cents in Sy.No.26/1-1 situated at Seethampeta, Srikakulam District. 3. It is contended that the petitioners belong to a Scheduled Tribe and have been in occupation of the subject property. In recognition of such occupation, the respondents have entered their name in the revenue records and issued Pattadar Pass Books and Title Deeds. However, the respondents are now interfering with the petitioners possession of the subject property in an unauthorized manner. Therefore, the instant writ petition is filed. 4. The 6th respondent filed a counter affidavit stating that the petitioners have submitted an application in Spandana seeking issuance of the Form 1B record. The District Collector referred the matter to the Tahsildar for conducting an enquiry and submitting a report. In pursuance thereof, the Mandal Surveyor conducted an enquiry and submitted a report stating that the subject land belongs to the Girijan Youth Hostel. Therefore, it was proposed to construct a building for Government offices, such as Sachivalayam Building and Rythu Bharosa Kendram etc. 4 5. It is further stated that the subject land has been taken by the Government for construction of a Youth Hostel as per the proceedings dated 28.12.1992. Thus, it is contended that the petitioners have no locus standi and no manner of right to claim ownership over the subject property. 6. It further appears from the record that the petitioners submitted a complaint to the Station House Officer at Seethampeta. Based on the said complaint, the Station House Officer addressed a letter to the Tahsildar. In reply to the said letter, the Tahsildar, vide his letter dated 19.12.2019, informed that the petitioners have no manner of right to claim the subject property and that the same belongs to the Government. 7. Having regard to the contentions advanced, 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, the respondents shall follow the due procedure established by law and shall not take any action for eviction of the petitioners from the subject land without issuing notice and affording an opportunity of hearing to the petitioners. 8. With the above observation, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 13.03.2026 BSK 5 43 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5734 OF 2021 Date: 13.03.2026 BSK