APHC010107792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs:6556 & 6558 of 2020 WRIT PETITION NO: 6556/2020 Between: 1. MENDA RAMANA,, S/O LATE CHENCHIAH, HINDU, AGED ABOUT 50 YEARS, R/O HOUSE NO 1-228, GONDU VEEDHI, MOBAGAM,VILLAGE, POLAKI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , SRIKAKULAM. SRIKAKULAM DISTRICT. 3. THE TAHASILDAR, POLAKI MANDAL, SRIKAKULAM DISTRICT.. 4. THE MANDAL PRAJA PARISHAT OFFICER, POLAKI MANDAL, POLAKI, 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 to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in illegally interfering with petitioners peaceful possession and ownership of their zeryoti land an extent of Ac 0.23 cents in Survey No 102-6 situated at 2 Mobagam village of Polaki of Srikakulam district as illegal, arbitrary and contrary to law and violations of principles of natural justice and contrary Articles 300-A, 14 and 21 of Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and ownership of the above .zeroyiti land an extent of Ac 0.23 cents in Survey No 102-6 situated at Mobagam. Village of Polaki Mandal of Srikakulam district without following any procedure as established under law 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 to direct the Respondents not to disposes the Petitioner from petitioner's land for an extent of Ac 0.23 cents in Survey No 102-6 situated at Mobagam Village of Polaki Mandal of Srikakulam district, pending disposal of the writ petition Counsel for the Petitioner: 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) WRIT PETITION NO: 6558/2020 Between: 1. MENDA VENU, S/O LATE CHENCHIAH, HINDU, AGED ABOUT 44 YEARS, R/O HOUSE NO 1-95, GONDU STREET, MOBAGAM, POLAKI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (REVENUE) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRIKAKULAM SRIKAKULAM DISTRICT. 3. THE TAHASILDAR, POLAKI MANDAL, SRIKAKULAM DISTRICT. 4. THE MANDAL PRAJA PARISHAT OFFICER, POLAKI MANDAL, 3 POLAKI, 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 to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS aggrieved by the action of the Respondent in illegally interfering with petitioners peaceful possession and ownership of their zeryoti land an extent of Ac 0.23 cents in Survey No 102-6 situated at Mobagam village of Polaki of Srikakulan district as illegal, arbitrary and contrary to law and violations of principles of natural justice and contrary Articles 300-A, 14 a 21 of Constitution of India and consequently direct the respondents not to interfere with petitioner's peaceful possession and ownership of the above zeroyiti land an extent of Ac 0.23 cents in Survey No 102-6 situated at Mobagam Village of Polaki Mandal of Srikakulam district without following any procedure as established under law and 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 to direct the Respondents not to disposes the Petitioner from petitioner's land for an extent of Ac 0.23 cents in Survey No 102-6 situated at Mobagam Village of Polaki Mandal of Srikakulam district, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs:6556 & 6558 of 2020 The Court made the following Common Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The grievance of the petitioners is against the action of the respondents in interfering with the peaceful possession and enjoyment of the subject property over an extent of Ac.0.23 cents in Sy.No.102-6 of Polaki Mandal, Srikakulam District, and consequentially sought for a direction to the respondents not to interfere with the peaceful possession and enjoyment of the subject land. 3. When the matter has been taken up for consideration today, the learned Assistant Government Pleader for Revenue has placed before the Court a copy of instructions from the Tahsildar, dated 23.01.2026 received by him in the case. A perusal of the same would reflect that in the D-Form Patta Register, the petitioners name do not exist and they are encroachers of the subject land over an extent of Ac.0.23 cents in Sy.No.102-18 which is a Government land and are claiming the land covered in Sy.No.102-6. It is further stated that there are no proposals for acquisition for assigning the house site pattas in the said Sy.No.102-6 of Mobagam Village, Polaki Mandal, Srikakulam District. It is further stated that the petitioners occupation in Sy.No.102-18 is unauthorized. 5 4. In view of the foregoing, this Court deems it appropriate to dispose of the Writ Petitions directing the respondents not to interfere with the possession of the petitioners in respect of the subject property in Sy.No.102-6 of Mobagam Village, Polaki Mandal, Srikakulam District, without following the due process of law. Needless to observe that, if the petitioners possession is found to unauthorized occupation, the respondents are at liberty to proceed in accordance with law for dispossession. 5. With the above observation, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 31.03.2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs:6556 & 6558 of 2020 Dated: 31.03.2026 MSI