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2026 DAILYLAW 17977 (AP)

Syed Karimulla @ Khalesha v. The State of Andhra Pradesh

WP/5652/2026 · 2026-03-08

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010101552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5652/2026 Between: 1. SYED KARIMULLA @ KHALESHA, S/O. SYED IBRAHIM SAHEB, AGED 85 YEARS, CULTIVATION R/O. OOTLAPALLI VILLAGE, BALAYAPALLI MANDAL, TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BLDGS, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. - 522237 2. THE COMMISSIONER OF LAND ADMINISTRATION CCLA, GOVERNMENT OF ANDHRA PRADESH, AT VIJAYAWADA. - 520002 3. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. - 517 501 4. THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI DIVISION, TIRUPATI DISTRICT - 521137 5. THE TEHASILDAR, BALAYAPALLI MANDAL, TIRUPATI DISTRICT - 524404 ...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 2 may be pleased topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the high handed action of 5th respondent directing the petitioner not to enter into the lands in an extent of Ac. 0.43 cents in Sy No. 342 situated at Nidigallu Village and Ac.O. 76 cents in Sy No. 22 at Papireddypalli Village of Balayapalli Mandal, Tirupati District by keeping flexes / caution board, without any notice and without calling explanation from the petitioner and also ignoring his long stand possession is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment of above referred lands in the interest of justice 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 prays to direct the respondents not to obstruct the petitioner to cultivate lands in an extent of Ac. 0.43 cents in Sy No. 342 situated at Nidigallu Village and Ac. 0.76 cents in Sy No. 22 at Papireddypalli Village of Balayapalli Mandal, Tirupati District pending disposal of the W.P. in the interest of justice Counsel for the Petitioner: 1. M SUGUNA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the 5th respondent directing the petitioner not to enter into the lands in an extent of Ac.0.43 cents in Sy.No.342 situated at Nidigallu village and Ac.0.76 cents in Sy.No.22 at Papireddypalli village of Balayapalli Mandal, Tirupati District by keeping flexes/ caution board, without any notice and without calling explanation from the petitioner and also ignoring the long standing possession. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 5th respondent dated 26.02.2026 submits that during the survey, it is noticed that, an extent of Ac.0.43 cents in Sy.No.342 of Nidigallu village, Ac.0.76 cents in Sy.No.22 of Papireddypalli village of Balayapalli Mandal are under the possession and enjoyment of the petitioner. An extent of Ac.0.94 cents in Sy.No.342 of Nidigallu village is classified as Bandi Dari and an extent of Ac.1.81 cents in Sy.No.22 of Papireddypalli village is classified as Gunta Poramboke as per the village records. The writ petitioner tries to encroach the Bandi dari (cart track) and Kunta Poramboke lands and is trying to plough the land raising the paddy plantation. Encroachments made in cart track and kunta poramboke lands are highly objectionable 4 and they are liable to be evicted and the said land is to be protected as it is a government land. Hence, the 5th respondent erected the notice board on the government land only with an intention to protect the government land and safeguard the interest of the government. 4. In view of the above said facts and circumstances, as the subject land is not interfered with by the 5th respondent herein and the government land as detailed above is sought to be protected by erecting the necessary boards by the 5th respondent, no further orders are necessary in this writ petition. It is needless to mention that the respondent authorities concerned shall protect the government land by all means in accordance with law. 5. Accordingly, the writ petition is disposed of. The written instructions of the 5th respondent dated 26.02.2026 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. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 09.03.2026 NNN