APHC010112582020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6801/2020 Between: 1. SATTI PARDHASARADHI REDDY, , S/O.LATE GOPAL REDDY, AGED ABOUT 54 YEARS, R/O.D.NO.85-12-112, NETAJI COLONY, MARRIPALEM, VISAKHAPATNAM, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHPATNAM. 3. THE TAHSILDAR, SABBAVARAM MANDAL, VISAKHAPATNAM 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering with the petitioner's peaceful possession and enjoyment of agricultural land, covered in an extent of Ac.4.20 cts of agricultural land situated in Sv.No.129- 3B of Gali Bheemavaram Village, Sabbavaram Mandal, Visakhapatnam District, without following due process of law and without payment of compensation in accordance with Central Act No.30 of 2013 and in making 2 efforts to dispossess the petitioner therefrom, as illegal, arbitrary, without jurisdiction and violative of Articles 14, 19 (1) (g), 21 and 300-A of the Constitution of India and consequently direct the respondents 2 and 3 to refrain from doing so 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 2 and 3 not to interfere in any manner, whatsoever, with the petitioner's peaceful possession and enjoyment of agricultural land, covered in an extent of Ac.4.20 cts of agricultural land situated in Sy.No.129- 3B of Gali Bheemavaram Village, Sabbavaram Mandal, Visakhapatnam District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. P ROY REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. 2. The instant Writ Petition is filed against the action of the respondents in trying to dispossess the petitioner from the subject land in an extent of Ac.4.20 cents situated in Sy.No.129-3B of Gali Bheemavaram Village, Sabbavaram Mandal, Visakhapatnam District, without following due procedure and without payment of compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3 3. It is contended that the petitioner is the absolute owner and possessor of the subject land in an extent of Ac.4.20 cents situated in Sy.No.129-3B of Gali Bheemavaram Village, Sabbavaram Mandal, Visakhapatnam District. The petitioner was granted D-Form patta in respect of the subject land vide proceedings, dated 16.11.1988. It is further contended that the petitioner’s name was also mutated in the revenue records, and the Pattadar Pass Book and title deed were also issued in terms of the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. However, the respondent No.3 and his staff were making every unlawful effort to dispossess the petitioner of the subject land. Thus, the instant Writ Petition is filed. 4. Learned counsel for the petitioner contends that even assignees are entitled for compensation in terms of the Full Bench decision of this Court in the case of Land Acquisition Officer-cum-R.D.O, Chevella Division, Hyderabad Vs. Mekala Pandu’s1. However, without following the principle laid down therein, the respondents are trying to dispossess the petitioner on the pretext that the subject land is the Government land. 5. When the matter is taken up for consideration today, the learned Assistant Government Pleader for Revenue has placed a copy of instructions received by him in the case. A perusal of the same would reflect that as per Revenue records the land in Sy.No.129/3, Ac.21.00 cents classified as ‘Konda Poramboke’ which is a Government land. As per Web land 2.0 the petitioner 1 2004(2) ALD 451 4 claimed land in Sy.No.129/3B (LPM NO.1620) is recorded as ‘Konda Poramboke’ with Government Khata No.20001402. Since it is a Government land, due process as per A.P. Land Encroachment Act, 1905 will be followed. 6. Learned counsel for the petitioner further draws the attention of this Court to the said written instructions from the department and submits that the petitioner was granted a D-Form patta in respect of the subject land on 16.11.1988. The latest adangals, as on the date of filing of the Writ Petition, also reflect the name of the petitioner as assignee in respect of the entire land to the extent of Ac.4.20 cents situated in Sy.No.129-3B of Gali Bheemavaram Village, Sabbavaram Mandal, Visakhapatnam District. Even the 1-B account in respect of the subject land reflects the name of the petitioner, and the pattadar passbook and title deed were also issued in respect of the same subject land vide Patta No.258. Having regard to the same, the learned counsel for the petitioner contends that the respondents cannot say that the occupation of the petitioner is unauthorised since the petitioner is the absolute owner of the property. Thus, any proposal for the acquisition of the subject property entitles the petitioner to payment of compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 7. Considered the rival submissions. From the record, it appears that the petitioner was granted D-Form patta and the revenue records were also updated. In the said regard, pattadar passbook and title deed were also issued. In the light of the same, the respondents should not dispossess the 5 petitioner from the subject property without authority of law and if any such proposal for dispossession or acquisition shall be made in accordance with law. 8. 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: 25-02-2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6801/2020 Dated: 25-02-2026 MSI