APHC010377702021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23116/2021 Between: 1. MULLU KODI NAIDU,, S/O. LATE RAMI NAIDU, AGED ABOUT 75 YEARS, R/O. KOTTAKKI VILLAGE, RAMABHADRAPURAM MANDAL, VIZIANAGARAM DISTRICT. 2. MULLU CHINNAM NAIDU,, S/O. LATE THIRUPATHI NAIDU ALIAS TIPIRI NAIDU, AGED ABOUT 76 YEARS, R/O. KOTTAKKI VILLAGE, RAMABHADRAPURAM MANDAL, VIZIANAGARAM DISTRICT. 3. MULLU (MARISI) PARAMMA,, D/O. LATE POLI NAIDU, AGED ABOUT 65 YEARS, R/ O. KOTTAKKI VILLAGE, RAMABHADRAPURAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRAPRADESH. 2. THE DISTRICT COLLECTOR, VIZIZNAGARAM DISTRICT, VIZIANAGARAM. 3. THE SUBCOLLECTOR / REVENUE DIVISIONAL OFFICER, PARVATHIPURAM, VIZIANAGARAM DISTRICT. 4. THE THASILDAR, RAMABHADRAPURAM MANDAL, RAMABHADRAPURAM, VIZIANAGARAMDISREICT. ...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 an appropriate writ, order or direction, more 2 particularly one in the nature of writ of Mandamus, declaring the action of the Respondent. No.4 Thasildar at the instructions of the Respondents No. 2 to 3 in trying to disposes the petitioners from the agricultural landed property admeasuring a total extent of Ac. 10.27 Cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No. 475, 476 and 479 covered by the proceedings of the settlement officer, Visakhapatnam issued in SR. 15(1)17/ 14/72SKL, Dt. 08.12.1972 as ex-facie illegal, arbitrary, against the principles of natural justice, unreasonable and violation of the fundamental rights guaranteed to the petitioner under Articles 14, 21 and 300-A of the Constitution of India and to grant IA NO: 1 OF 2021 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 4th respondent Thasildar, Ramabhadrapuram mandal, Vizianagarm and his officials not to dispossess the petitioners from the landed property admeasuring a total extent of Ac. 10.27 Cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No. 475, 476 and 479 covered by the proceedings of the settlement officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, Dt: 08.12.1972 pending disposal of the Writ petition, and to pass IA NO: 1 OF 2024 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 grant leave to the petitioner herein/Respondent No.4 in the W.P.No.23116 of 2021 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. GORLE GOPALAKRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This Writ Petition was filed questioning the action of the 4th respondent Tahsildar at the instructions of the respondent Nos.2 and 3 in trying to dispossess the petitioners from the agricultural landed property admeasuring a total extent of Ac.10.27 cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No.475, 476 and 479 covered by the proceedings of the Settlement Officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, dated 08.12.1972. 3. The learned counsel for the petitioners submits that with respect to the subject lands, the 4th respondent has not implemented the proceedings of the Settlement Officer in SR. 15(1)17/14/72SKL, dated 08.12.1972. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter-affidavit of the 4th respondent submits that Kottakki Village of Ramabhadrapuram Mandal was an estate Village taken over by the Government and Survey and Settlements were conducted and Settlement Fair Adangal was introduced long back. As per the Settlement Fair Adangal, the land in Sy.No.475-10 admeasuring Ac.1.50 cents was recorded as the Government land and it was subsequently allotted to Lorry Owners Association. In Sy.No.476 to an extent of Ac.4.96 cents was recorded as Mullavani Banda Government land. In Sy.No.479-2 an extent of Ac.1.10 cents was recorded as Gorja Poramboke. The petitioners 4 are not in possession and enjoyment of the subject lands. Hence, the question of threatening to dispossess the petitioners does not arise. 5. The petitioners relied upon the orders of the Settlement Officer, Visakhapatnam in SR. 15(1)17/14/72SKL, dated 08.12.1972 for the following lands in Kottakki Village of Ramabhadrapuram Mandal: Sy.No. Extent Classification 475 Part 1.54 Wet/Dry 476 Part 4.96 Wet 479 Part 3.67 Wet/Dry 6. After implementation of the above said orders, the above lands are recorded in the Settlement Fair Adangal of Kottakki Village as detailed below: Sy.No. Extent Classifi cation Patta. No. Pattadar 475-1 0.16 Cents Dry 1019 Mullu Tirupathi Naidu S/o. Chinnam Naidu 475-2 0.40 Cents Wet 1019 Mullu Tirupathi Naidu S/o. Chinnam Naidu 475-3 0.20 Cents Wet 1027 Mullu Polinaidu S/o. Podinaidu 475-4 0.25 Cents Wet 1026 Mullu Rami Naidu S/o. Kannam Naidu 475-5 0.19 Cents Wet 478 Karanam Appanna S/o. Appanna 475-6 0.15 Cents Wet 1019 Mullu Tirupathi Naidu S/o. Chinnam Naidu 475-7 0.17 Cents Wet 1026 Mullu Rami Naidu S/o. Kannam Naidu 475-8 0.13 Cents Wet 1019 Mullu Turupathi Naidu S/o. Chinnam Naidu 475-9 0.12 Cents Wet 1026 Mullu Rami Naidu S/o. Kannam Naidu 475-10 Ac 4.20 Cents AWD - Gayalu 475-11 0.48 Cents Dry 1756 Vasanthula Sathyam S/o. Appanna 475-12 1.00 Cents Dry 1540 Samireddy Appanna S/o. Ramana 475-13 0.54 Cents Dry 106 Bontalakoti Sivudu S/o. Maranna 475-14 0.62 Cents Dry 1792 1. Vasanthula Sathyam S/o. Appadu 2. Paidithalli S/o. Surya Narayana 475-15 0.88 Cents Dry 1758 Vasanthula Sivudu S/o. Appayya 475-16 0.40 Cents Dry 106 Bontalakoti Sivudu S/o. Maranna 5 475-17 0.40 Cents Dry Appikonda Pedda Appalaswamy S/o. Laxmi Naidu 476 Ac. 4.96 Cents Poramb hoge - Mullu Vani cheruvu 479-1 0.22 Cents Dry 558 Karanam Chinnayya S/o. Latchayya 479-2 Ac 1.10 Cents Poramb hoge - Gorja 479-3 0.22 Cents Dry 1026 Mullu Rami Naidu 479-4 0.21 Cents Dry 1027 Mullu Polinaidu 479-5 0.50 Cents Dry 1801 Yavarna Appayya 479-6 0.39 Cents Dry 1026 Mullu Rami Naidu 479-7 0.80 Cents Dry 1027 Mullu Polinaidu 479-8 0.36 Cents Dry 1026 Mullu Rami Naidu 479-9 0.64 Cents Dry 1820 Yavarna Appayya 479-10 0.49 Cents Dry 1027 Mullu Polinaidu 479-11 0.50 Cents Dry 1026 Mullu Rami Naidu 479-12 0.10 Cents Dry 1822 Yavarna Appayya 479-13 0.90 Cents AWD - Gayalu 7. Hence, the orders of the Settlement Officer, Visakhapatnam in SR. 15(1)17/14/72SKL, dated 08.12.1972 have been incorporated in the Settlement Fair Adangal of Kottakki Village. According to it, the land in Sy.No.476 admeasuring Ac.4.96 cents was recorded as Government land in which the petitioners are not in possession and enjoyment of the same. The land in Sy.No.479-2 measuring Ac.1.10 cents was also classified as Government Land Gorja Poramboke, which is also not in possession and enjoyment of the petitioners. The Sy.No.475-10 admeasuring Ac.4.20 cents was recorded as AWD, in which the petitioners are also not in possession and enjoyment of same. In total, the petitioners are not in possession and enjoyment of the subject lands as claimed by them. 8. In view of the above said facts and circumstances, as the land in an extent of Ac.4.20 cents in Sy.No.475-10 was shown as Gayalu, an extent of Ac.4.96 cents in Sy.No.476 was shown as Poramboke/Mullu Vani Cheruvu and an extent of Ac.1.10 cents in Sy.No.479-2 was shown as Gorja/ 6 Poramboke as per the Settlement Fair Adangal of Kottakki Village of Ramabhadrapuram Mandal on implementation of the orders of the Settlement Officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, dated 08.12.1972 which is also relied upon by the petitioners and as the claim of the petitioners is not established over the subject lands as contended by them, no relief can be granted to the petitioners and accordingly, the Writ Petition is dismissed. However, it is open for the petitioners to approach the authority concerned with a representation enclosing all the necessary documents in support of their claim, and the same shall be dealt with, in accordance with law. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 06.01.2026 SCH 7 300 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.23116 of 2021 Date: 06.01.2026 SCH