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2026 DAILYLAW 18560 (AP)

B CHENGAMMA v. The State of Andhra Pradesh

WP/6342/2026 · 2026-03-04

B Krishna Mohan

body2026

Judgment text

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APHC010119512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6342/2026 Between: 1. B CHENGAMMA, W/O. LATE B.JAYARAMAIAH, AGED 69 YEARS, R/O. CHINTAPALEM VILLAGE, YERPEDU MANDAL, TIRUPATI DISTRICT - 517619. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI - 517501. 3. THE JOINT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI - 517503. 4. THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI, TIRUPATI DISTRICT - 517644. 5. THE TAHSILDAR, YERPEDU MANDAL, TIRUPATI DISTRICT-517619 ...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 topleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of Respondent Nos.4 5 in trying to demolish the petitioners residential house and dispossess the petitioner from the land admeasuring Ac.0.85 Cents in Sy.No.21/3C of Chintalapalem Village, Yerpedu Mandal, Tirupati District, under the pretext of the order in Roc. No. A/378/2023 dated 26.02.2026 passed by the 5TH 2 respondent, without following the procedure contemplated under Section 4Aof the A.P Assigned Lands (Prohibition of Transfer) Act, 1977, as illegal, arbitrary, violative of Principles of Natural Justice, Article 14, 21 and 300-Aof the Constitution of India, consequently set-aside the order in Roc.No.A/378/2023 dated 26.02.2026 passed by the 5TH respondent and direct the respondents herein not to interfere with the land of petitioner admeasuring Ac.0.85 Cents in Sy.No.21/3C of Chintalapalem Village, Yerpedu Mandal, Tirupati District and pass 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 pleased to direct the respondents herein not to interfere with the land of petitioner admeasuring Ac.0.85 Cents in Sy.No.21/3C of Chintalapalem Village, Yerpedu Mandal, Tirupati District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. V VINOD K REDDY 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 appearing for the respondents. 2. This Writ Petition was filed questioning the order passed by the 5th respondent dated 26.02.2026, under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. The impugned order of the 5th respondent dated 26.02.2026 appears to have been passed for consideration of the representation of one Sri Damera Murugaiah dated 19.01.2026, as per the Order dated 15.12.2025, passed by this Court in W.P.No.33492 of 2023. A statutory notice was issued in Form I and Form II dated 08.12.2023, the explanation of the petitioner herein dated 22.12.2023 and the proceedings of the then Tahsildar dated 26.12.2023 were also considered. In the result, the Mandal Revenue Inspector and the Village Revenue Officer, Chintalapalem, are instructed to incorporate necessary changes in all the relevant village accounts accordingly by removing the encroachments, if any, in the subject land, as detailed in the said order dated 26.02.2026. 3. The learned counsel for the petitioner submits that though appeal period is still available for 90 days under Section 4A of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, the 5th respondent and her subordinates acted high-handedly to implement the orders of the 5th respondent dated 26.02.2026. 4 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 5th respondent dated 05.03.2026, submits that the petitioner’s subject land in an extent of Ac.0.85 cents in Sy.No.21/3C stands resumed to the Government (AWD land) and the petitioner has no legal right over the property. The said action of the revenue authorities is lawful and in accordance with the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. The said written instructions of the 5th respondent dated 05.03.2026, shall be made as part of the Court record. 5. However, he further submits that if the petitioner is aggrieved by the same, she can prefer an appeal before the appellate authority concerned under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. 6. In view of the above said facts and circumstances, the petitioner is permitted to prefer an appeal against the order of the 5th respondent dated 26.02.2026, within the limitation period only by enclosing all the necessary documents in support of her claim. On receipt of such appeal from the petitioner, the appellate authority/ the 4th respondent is directed to consider and dispose of the same, strictly in accordance with law, by hearing all the parties concerned, including the petitioner and the other aggrieved persons/ complainants, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of four (04) months thereafter. Till filing of 5 the above said appeal only, there shall be an order of status-quo as on today to be maintained with respect to the subject land as detailed in the impugned order of the 5th respondent dated 26.02.2026. In default of filing the above said appeal within the period of limitation, the interim protection granted by this Court stands vacated automatically. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 05.03.2026 SCH 6 152 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.6342 of 2026 Date: 05.03.2026 SCH