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2026 DAILYLAW 26399 (AP)

POSINA POLAIAH v. The State of Andhra Pradesh

WP/32917/2025 · 2026-02-24

B Krishna Mohan

body2026

Judgment text

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APHC010628022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 32917/2025 Between: 1. POSINA POLAIAH, S/O.LATE POSINA CHINA VENKAIAH, OCC AGRICULTURE, AGE 50 YEARS, . POSINAVARI PALEM VILLAGE, EAST KANNUPURU, CHILLAKURU MANDAL, TIRUPATI DISTRICT, PIN - 524412. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATI DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, CHILLAKURU MANDAI, . TIRUPATHI, TIRUPATI DISTRICT, ANDHRA PRADESH. ...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 tomay be pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the. respondents in not withdrawing the lands admeasuring an extent of Ac.4.10 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.75 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.7.85 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, as illegal, arbitrary and violative of 2 HBKM,J W.P.No.32917 of 2025 principle of natural justice and consequently direct the respondents 2 and 3 to delete lands admeasuring an extent of Ac.4.10 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.75 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.7.85 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass such 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 may please be granted interim direction directing the respondents 2 and 3 to delete lands admeasuring an extent of Ac.4.10 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.75 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.7.85 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass such Counsel for the Petitioner: 1. POLAPRAGADA SREEMANNARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.32917 of 2025 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the action of the respondents in not withdrawing the lands admeasuring Ac.4.10 cents in Sy.No.1 out of Ac.60.63 cents and Ac.3.75 cents in Sy.No.24, Ac.3.75 cents in Sy.No.24 out of Ac.80.23 cents totaling an extent of Ac.7.85 cents of East Kannupur Village, Chillakur Mandal, Tirupathi District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 2nd respondent, dated 24.02.2026 submits that the subject lands are waste on ground and free from encroachment. In the year 2008, on requisition of the APIIC authorities, the subject lands including other lands in the said village were alienated to the ZM, APIIC, Nellore. Subsequently, the APIIC authorities registered the said lands vide Sale Deed No. 3860 of 2009 to Krishnapatnam Infra tech Private Limited, for establishment of Industrial Park as per norms and guidelines of the Government. Hence, the subject land including other lands in this village with an extent of Acs.383.99 cents, has been handed over to the ZM, APIIC, Nellore in the year 2009 itself. Even though, as per village records the subject lands are purely Government lands and they are not assigned to anybody and the subject lands are treated as patta lands removing from the 22-A Prohibited Properties list, as the lands were already allotted to the APIIC. 4 HBKM,J W.P.No.32917 of 2025 4. In view of the above said facts and circumstances, it is to be seen that the ZM APIIC, Nellore and the Infra tech Private Limited are not made parties to this writ petition and as the subject land was already handed over to the APIIC, no relief can be granted in this writ petition. 5. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 17.02.2026 RMD 5 HBKM,J W.P.No.32917 of 2025 91 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 32917/2025 17.02.2026 RMD