APHC010111262020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6826 OF 2020 Between: 1. NUMBURI ANAND KUMAR,, S/O, NAMASIVAYYA, AGED 44 YEARS,H.NO.6-3-259, JEENIGALAVEEDHI, S.H. PET, NELLORE - 524002. 2. CHINTA SAIBABA,, S/O. LATE SARVA RAO, AGED 72 YEARS,RAYMONDSSHOWROOM, OPP.NARTAKITHEATRE,R.V.K. STREET, NELLORE. 3. N.NAMAHSSIVAYYA,, S/O.LATE BAJI RAO, AGED 70 YEARS, H.NO.6- 3-259, JEENIGALAVEEDHI, NEAR VASAVI COMPLEX, S.H.PET, NELLORE-524002. 4. CH. VIJAYALAKSHMI,, W/O. LATE CHEKKAMADHUSUDHANA GUPTA, AGED 53 YEARS, H.NO. 27/3/746, BALAJI NAGAR, 17TH CROSS ROAD,NEAR VEGETABLE MARKET, NELLORE-524002. 5. CHEKKADHANANJAYA,, S/O. LATE RANGANADHAM, AGED 53 YEARS,FLAT NO.101, CSR ENCLAVE, GANGISETTYVENKAIAH STREET,BALAJI NAGAR, S.H.PET, NELLORE-524002. 6. CHUKKA RAGHUNANDANA,, S/O.RANGANADHAM, AGED 50 YEARS, FLAT NO.C-2, 2ND FLOOR, H.NO.15 - 2-119, SUNEETHA APARTMENT, JAMES GARDEN, S.H. PET, NELLORE-524002. 7. BELLAMKONDA VANI KUMARI,, W/O. MASTAN RAO, AGE 57 YEARS, KOTHAPET, MANGALAGIRI, GUNTUR DISTRICT, PIN.522503. 8. PEDDISETTYUMAKANTA RAO,, S/O. LATE NARSIMHA RAO, H.NO. 12-20-6, PRAKASH NAGAR, NARASARAOPET, GUNTUR DISTRICT. PIN-522601. 9. KSHATRIYA BABA SINGH,, S/O. KSHATRIYA DURGA SINGH, AGED 65 YEARS, 20-1-218, BRAHMANA VEEDHI, NEAR 2 KM, J W.P.6826 of 2020 MAHALKSHMI TEMPLE, NELLORE-524003. 10. AYITHA VIJAY KUMARI,, W/O. MURALI, AGED 59 YEARS, D.NO.15- 590, PLOT NO.5, THIRD FLOOR, SRINIVASA RESIDENCY, JAMES GARDEN, NEAR ATMAKUR BUS STAND, S.H. PET, NELLORE- 524002. 11. VEMA RAMESH BABU,, S/O. VEERASWAMY, AGED 52 YEARS, H.NO.11- 32-90B, PLOT NO.66, BRINDAVANAM COLONY,KAVALI, NELLORE DISTRICT, PIN-524201. 12. APPALA RAGHAVA RAO,, S/O. LATE CHENCHU RAMAIAH, AGED 70 YEARS, D.NO.25-13-380, NGO COLONY,B.V.NAGAR, NEAR SADHANA SCHOOL, NELLORE-524004. 13. T.M.GOVINDA RAJU,, S/O. MUNISWAMY, AGED 83 YEARS, H.NO.24-1-622, PLOT NO.404, SIMHAPURI PRIDE-1, NEAR MUNICIPAL PARK, MULAPET, RAJA GARDEN STREET, NELLORE- 524003. 14. DESUVIMALAMMA,, W/O. LATE V.K. SETTY, H.NO. 27/5/682, A. L. NAGAR, MAIN ROAD, NELLORE-524002. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DIST., A.P. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, A.P. 3. THE REVENUE DIVISIONAL OFFICER, , NELLORE REVENUE DIVISION, NELLORE, SPSR NELLORE DISTRICT, A.P. 4. THE TAHASILDAR, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT, A.P. ...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 of the Respondents in interfering with rights of the Petitioners and undertaking the leveling work in the plot N.82, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.83, 46, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.84,45 extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot 3 KM, J W.P.6826 of 2020 Nos.144, 94, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.143,43, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.142,57, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.140, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.139, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot Nos.154,89, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.156,88, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.134,68, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.145,49, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.141, 19, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.146, extent 266.66 Sq.Yds, in Sy.Nos.667/3, 667/3-40,45,55, VeerannaKanupuru Bit-1, VenkatachalaSatram Village, Venkatachalam Mandal, SPSR Nellore District A.P. and tying to dispossess the Petitioners illegally from their law full possession and enjoyment of their plots as illegal, arbitrary, violation of Articles 14, 19, 21 and Article 300-A of the Constitution of India, consequently direct the Respondents not to interfere and dispossess the Petitioners from their respective plots 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 interfere with the Petitioner's possession and enjoyment of the plot N.82, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.83, 46, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.84,45 extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.144, 94, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.143,43, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.142,57, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.140, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.139, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot Nos.154,89, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.156,88, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.134,68, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.145,49, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.141, 19, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.146, extent 266.66 Sq.Yds, in Sy.Nos.667/3, 667/3-40,45,55, VeerannaKanupuru Bit-1, VenkatachalaSatram Village, Venkatachalam Mandal, SPSR Nellore District, A.P. pending disposal of writ petition Counsel for the Petitioner(S): 1. ANCHA PANDURANGA RAO Counsel for the Respondent(S): 4 KM, J W.P.6826 of 2020 1. GP FOR REVENUE (AP) The Court made the following order: Heard Sri Ancha Panduranga Rao, 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 interfering with lawful possession and enjoyment of the petitioners over the lands in plot No.82, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.83, 46, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.84, 45 extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.144, 94, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.143, 43, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.142, 57, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.140, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.139, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot No.168, extent 33.1/3 ankanams or 266.2/3 Sq.Yds, plot Nos.154, 89, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.156, 88, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.134,68, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.145, 49, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot Nos.141, 19, extent 37 ankanams (33.1/3 plus 3.3/4) or 296.66 Sq.Yds, plot No.146, extent 266.66 Sq.Yds in Sy.Nos.667/3, 667/3-40, 45, 55, 5 KM, J W.P.6826 of 2020 Veerannakanupuru Bit-1, Venkatachalasatram Village, Venkatachalam Mandal, SPSR Nellore District, without following due process of law. 3. It is contended that the petitioners have acquired the subject lands by inheritance and some of them have purchased vide registered sale deeds in and around 1987-1988, and have been in occupation of the subject lands and have constructed residential buildings. 4. It is contended by the learned counsel for the petitioners that the respondents without having authority over the land tried to level the lands and interfere with the peaceful possession and enjoyment of the subject property. Aggrieved by the same, the instant writ petition is filed. 5. Today, when the matter is 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 31.01.2026. A perusal of the same would reflect that the Resurvey Settlement Register (RSR) of the Village Kanupur Bit-I, Sy.No.667/3 with an extent of Ac.74.80 Cents has been notified in the name of “Venkatachalam Satram Trustee Mallavarapu Subbarao” under the provisions A.P. Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987), and same has been published in the list of prohibited land under Annexure 22 (A) (1)(c) of the Registration Act, 1908. It is further stated that the said institution has been registered under the provisions of Section 6(C) of the Andhra Pradesh Charitable and Hindu Religious Institutions and 6 KM, J W.P.6826 of 2020 Endowments Act, 1966 and the Endowment Department is the appropriate authority to deal with the subject land not the Revenue Department. And in the past in 2007, the Deputy Commissioner of Endowments had directed the Assistant Commissioner of Endowments to take steps to evict the petitioners from the subject lands. 6. Having regard to the above, this Court is of the view that if the petitioners are found to be in unlawful possession and enjoyment of the subject lands, any action for their displacement or dispossession shall be in accordance with law after providing due opportunity to the petitioners. 7. In view of the above, the Writ Petition is disposed of, directing the respondents to follow due procedure under law if any action for dispossession of the petitioners is proposed in respect of the subject lands after providing due opportunity to the petitioners. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.02.2026 PBS 7 KM, J W.P.6826 of 2020 206 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6826 OF 2020 Date: 17.02.2026 PBS