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2026 DAILYLAW 18309 (AP)

Polishefty Sri Babu Rao v. The State of Andhra Pradesh

WP/6802/2020 · 2026-03-22

Kiranmayee Mandava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010111822020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6802/2020 Between: 1. POLISHEFTY SRI BABU RAO,, S/O, VEERASWAMY, AGED ABOUT 74 YEARS, R/O, PLOT NO.2, PRADHAM GARDENS ONE WAY TRAFFIC ROAD, SRIKAKULAM-532001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE TAHSILDAR, RANASTHALAM 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action ofrespondent authorities in trying to allot the land admeasuring Ac. 3.27 cents in Sy. Nos. 4211, 43/2, 43/6, 43/7, 43/10, 43/3, 43/4, 43/5, 43/8, 43/9 and 42/2, totally admeasuring Ac. 3.27 cents situated at Nelivada village, Pishinipanchayat, RanasthalamMandal, Srikakulam District, which belongs to me and despite taking notice of the copy of order made by this Hon'ble High Court in order 2 dated 11.02.2020 in WP.No.2702 of 2020 and thereby without issuing any notice and without following the procedure contemplated under the Statue, as being illegal, arbitrary unjust and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to allot the aforesaid lands to 3rd parties, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. 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 respondent authorities not to allot the pattas pertaining to land admeasuring Ac. 3.27 cents in Sy.Nos. 42/1, 43/2, 43/6, 43/7, 43/10, 4313, 43/4, 43/5, 43/8, 43/9 and 42/2, totally admeasuring Ac. 3.27 cents situated at Nelivada village, Pishinipanchayat, Ranasthalam Mandal, Srikakulam District to 3rd parties, pending disposal of the main Writ Petition, Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following Order: Heard Ms. S.L.N. Harika, learned counsel representing M/s. Pillix Law Firm appearing for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The grievance of the petitioner in the instant Writ Petition is against the action of the respondents in proposing to allot the subject land admeasuring an extent of Ac.3.27 cents in Sy.Nos.42/1, 43/2, 43/6, 43/7, 43/10, 43/3, 43/4, 43/5, 43/8, 43/9 & 42/2 situated in Nelivada Village, Pishinipanchayat, Ranasthalam Mandal, Srikakulam District, in favour of land less poor despite 3 the order passed by this Court in W.P.No.2702 of 2020, without issuing any notice and without following the due procedure under law. 3. It is contended by the learned counsel for the petitioner that challenging the earlier action of the respondents in proposing to dispossess the petitioner, they have approached this Court by way of a Writ Petition in W.P.No.2702 of 2020. The said Writ Petition was disposed of by this Court directing the respondents not to dispossess the petitioner except by following the due process particularly the procedure under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. Having regard to the same, the learned counsel for the petitioner submits that without following the due procedure the subject land has been proposed for allottment in favour of the third parties, thus the instant Writ Petition is filed. 4. When the matter has been taken up for hearing today, the learned Assistant Government Pleader for Revenue has placed before the Court, a copy of instructions received from the Tahsildar – respondent No.3. A perusal of the same would reflect that the Government did not utilize the subject lands for allotting the house site pattas and a suitable alternative land has already been identified and therefore the relief sought in the instant Writ Petition does not have any merit for further consideration. 5. The said instructions of the respondent No.3 – Tahsildar are placed on record. 4 6. In view of the foregoing, the Writ Petition is disposed of, observing that the grievance of the petitioner is resolved, and in case of any proposals for allotment in respect of the subject land, in favour of the third parties, the same shall be in accordance with the law. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 23.03.2026 MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6802/2020 Dated: 23.03.2026 MSI