APHC010583652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 30323/2025 Between: 1. N BHANU PRAKASH, S/O. N.NARASIMHULU, RESIDING AT D.NO.5/142/B, SARASWATHI NAGAR MR PALLI, TIRUPATHI (URBAN), TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENTOF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE AMARAVATHI. 2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI DISTRICT, TIRUPATHI. 4. THE TAHSILDHAR, TIRUPATHI RURAL MANDAL, TIRUPATHI. ...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 a writ more particularly in the form of Writ of Mandamus declaring action of the respondents in highhandedly interfering with the peaceful possession and enjoyment of the petitioner over his private lands upto an extent of 102.22 Sq. yards in Sy.No.243/3 of Vedanthapuram Village Accounts, Thummalagunta Group, Tirupathi Rural Mandal, Tirupathi Rural Sub-District, Tirupathi District, without affording a reasonable opportunity or assigning any valid reasons (Impugned Action) as per se 2 HBKM,J W.P.No.30323 of 2025 illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and for a consequential direction not to interfere with the peaceful possession of the petitioner in the said land and to pass IA NO: 1 OF 2025 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 not to interfere with the peaceful possession and enjoyment of the petitioner over the private lands upto an extent of 102.22 Sq. yards in Sy.No.243/3 of Vedanthapuram Village Accounts, Thummalagunta Group, Tirupathi Rural Mandal, Tirupathi Rural Sub-District, Tirupathi District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.30323 of 2025 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the respondents in highhandedly interfering with the peaceful possession and enjoyment of the petitioner over his private lands up to an extent of 102.22 Sq. yards in Sy.No.243/3 of Vedanthapuram Village Accounts, Thummalagunta Group, Tirupathi Rural Mandal, Tirupathi Rural Sub-District, Tirupathi District, without affording a reasonable opportunity or assigning any valid reasons. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 09.12.2025 submits that the land in Sy.No.246 in an extent of Ac.2.91 cents is classified as Government Poramboke and registered as Water Course Poramboke in the Fair Adangal. The writ petitioner claimed Sy.No.243/3, which is existing as patta and the petitioner has misrepresented the survey numbers as Sy.No.243/3 instead of Sy.No.246. The subject land is classified as “Channel Poramboke” and nobody is having right to grant DKT patta since it is a water body. As per B.S.O.15 (4) (h), the land is an objectionable communal poramboke land vested with the Government, hence, there is no chance that the subject land cannot be treated as patta lands. As per the survey report, the petitioner constructed a house on Channel Poramboke land. However, the petitioner is claiming right over the land situated adjacent to the Channel 4 HBKM,J W.P.No.30323 of 2025 Poramboke area. The documents relied upon by the petitioner referred to the adjoining survey number and described the property as patta land. Therefore, the petitioner contends that the construction is not on Channel Poramboke land but on independently owned patta land adjoining to it. The subject lands are vested with the Government only and there are nearer to the National Highway and highly valuable lands. Hence, it is clear that the writ petition is filed with an ulterior motive to knock away the communal poramboke land with the fraudulent play. The subject lands are water bodies, which have to be protected and preserved for the needs of the public. The subject lands are notified as Government property and listed in the Prohibited Properties List under Section 22-A (1) (b) of the Registration Act, 1908. The subject lands claimed by the petitioner is a Government Poramboke and notified as Channel Poramboke, recorded as Kaluva (Water Body). Hence, the plea of the petitioner may not be considered. 4. In view of the above said facts and circumstances, as petitioner failed to establish any claim over the subject land and that too the subject land is a water body, no relief can be granted in this writ petition. The written instructions of the 4th respondent dated 09.12.2025 shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. 5 HBKM,J W.P.No.30323 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 22.01.2026 PGT