APHC010642602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 33174/2023 Between: 1. DUVURU NARASIMHA RAO,, S/O. NAGABUSHANAM, AGED ABOUT 44 YEARS, PERMINENT RESIDENT OF NEAR RAMALAYAM, CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, NELLORE DISTRICT. SPS NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, ATHMAKUR DIVISION, ATHMAKUR, SPS NELLORE DISTRICT 4. THE TAHSILDHAR, MARRIPADU MANDAL, SPS NELLORE DISTRICT. 5. KALISATTI RAJENDRA, S/O. RAMANAIAH, AGED ABOUT 46 YEARS, R/O. CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT 6. CHINTHALPUDI BUJAMMA, W/O. KONDAIAH, AGED ABOUT 52 YEARS, R/O. CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT 7. KATI THIRUPATHAMMA, W/O. SEKHAR, AGED ABOUT 55 YEARS, R/O. CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT. 8. KATIKA REDDY NAVANITHA REDDY, S/O. ANANDHA REDDY, AGED ABOUT MAJOR, R/O. CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT. 9. KARKA RATHNAIAH, S/O. VENKATAIAH, AGED ABOUT 50 YEARS, R/O. CHUNCHULURU VILLAGE, MARRIPADU MANDAL, SPS NELLORE DISTRICT. ...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 order, writ or direction 2 more particularly in the nature of Writ of Mandamus, declaring the action of the respondent No. 2 to 4 in respect of not considering the representation of the petitioner, dated 14.08.2023 by taking action against the respondent No. 5 to 9 by evicting them from D-Form Patta land of the petitioner in Survey No. 23 to an extent of Ac. 1-61 cts and in Survey No. 32/2 to an extent of Ac. 0-24 cts totally to an extent of Ac. 1-85 cts at Chunchuluru Village, Marripadu Mandal, SPS Nellore District, as illegal, arbitrary and against the principles of natural justice and consequently direct the Respondents No. 2 to 4 to remove the encroachments in the Petitioner D-form Patta land in Survey No. 23 to an extent of Ac. 1-61 cts and in Survey No. 32/2 to an extent of Ac. 0- 24 cts totally to an extent of Ac. 1-85 cts at Chunchuluru Village, Marripadu Mandal, SPS Nellore District and to pass IA NO: 1 OF 2023 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 respondent No.2 to consider the representations of the petitioner dated 14.08.2023, by evicting the respondent No. 5 to 9, from D-Form Patta land of the petitioner in Survey No. 23 to an extent of Ac. 1-61 cts and in Survey No. 32/2 to an extent of Ac. 0-24 cts totally to an extent of Ac. 1-85 cts at Chunchuluru Village, Marripadu Mandal, SPS Nellore District, and to 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 may be pleased to grant leave to the 4thRespondent in the Writ Petition No. 33174 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following order:- The present writ petition is filed challenging the action of the respondent Nos.2 to 4 in not disposing of the representation of the petitioner, dated 14.08.2023 and in not taking appropriate action against the respondent Nos.5 to 9 by evicting them from D-Form Patta land of the petitioner in Survey No. 23 to an extent of Ac.1-61 cts and in Survey No. 32/2 to an extent of Ac. 0-24 cts covering total extent of Ac.1-85 cts, situated at Chunchuluru Village, Marripadu Mandal, SPSR Nellore District, as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader. 3. The 4th respondent/Tahsildar filed a counter affidavit wherein, in paragraph No.7, it is stated that the Government assigned the land to landless poor persons and that necessary action would be taken by issuing notices to all the concerned in Form-I and Form-II under Rule 3 of the A.P. Assigned Lands (POT) Act, 1977 and the Rules, 2007, after duly affording an opportunity to the assignees as well as the enjoyers. 4. In view of the above, this Court is of the view it is appropriate to dispose of the present writ petition, directing the respondents authorities to take necessary steps against the encroachers in 4 accordance with law within a period of two (2) months, from the date of receipt of the copy of this order. 5. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 12.03.2026 RSD 5 33 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.33174 of 2023 Date: 12.03.2026 RSD