Extracted from the PDF above. The PDF is authoritative.
APHC010720622025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 726/2026 Between:
1. RUTHALA SURYANARAYANAMMA, W/O LATE RUTHALA BANGARAYYA, AGED ABOUT 90 YEARS, R/O RACHAPALLI VILLAGE, MAKAVARAPALEM MANDAL ANAKAPALLI DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT,
AT ANAKAPALLI. 3. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM REVENUE DIVISION, NARSIPATNAM, ANAKAPALLI DISTRICT. 4. THE TAHASILDAR, MAKAVARAM MANDAL,
ANAKAPALLI DISTRICT. 5. KOLLI SATTI BABU, S/O LATE APPANNA, AGED MAJOR, R/O YERAKANNAPALEM VILLAGE,
RACHAPALLI POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT-531113. 6. K RAMA RAO, S/O APPANNA,
AGED MAJOR, R/O YERAKANNAPALEM VILLAGE,
RACHAPALLI POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT-531113. 7. KOLLI MANIKYAM, S/O LATE APPANNA, AGED MAJOR, R/O YERAKANNAPALEM VILLAGE,
RACHAPALLI POST,
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MAKAVARAPALEM MANDA,L ANAKAPALLI DISTRICT-531113. 8. KOLLI APPA RAO, S/O LATE APPANNA, AGED IMAJOR, R/O YERAKANNAPALEM VILLAGE,
RACHAPALLI POST, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT-531113. 9. KANURI RAJULAMMA, W/O SANNIBABU, AGED MAJOR, R/O KANNURIPALEM, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT-
531031. ...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, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents 2 to 4 in not taking action on the representations made by the petitioner dt.22.09.2025, 17.11.2025 and 29.11.2025, for deleting the names of the respondents 5 to 9 as enjoyers in respect of petitioners land to an extent of Ac 8.18 cents in Sy No. 737 P of Rachapalli Village, Makavaram Mandal, Anakapalli District situated within the boundaries i.e.. East Sy No. 737, South Sy No. 737 road.
West Sy No. 563 and North-Sy No. 737 of Rachapalli Village, Makavaram Mandal, Anakapalli District as illegal, arbitrary and violative of Article 14, 21 and 300-A of Constitution of India 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 grant interim orders to the respondents 2 to 4 not to pay compensation to respondents 5 to 9 for land to an extent of Ac 8.18 cents in Sy No. 737 P situated within the boundaries i.e., East Sy No. 737, South Sy No. 737 road. West Sy No. 563 and North-Sy No. 737 of Rachapalli Village, Makavaram Mandal, Anakapalli District by
considering pettioners representations dt.22.09.2025, 17.11.2025 and 29.11.2025 pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. T V SRI DEVI Counsel for the Respondent(S):
1. GP FOR REVENUE
2. G RAMA GOPAL
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The Court made the following Order:
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and the learned counsel appearing for the respondent Nos.5 to 9. 2. This writ petition is filed questioning the action of the respondent Nos.2 to 4 in not taking action on the representations made by the petitioner dated 22.09.2025, 17.11.2025 and 29.11.2025, for deleting the names of the respondent Nos.5 to 9 as enjoyers in respect of the petitioner’s land to an extent of Ac.8.18 cents in Sy.No.737 P of Rachapalli Village, Makavaram Mandal, Anakapalli District situated within the boundaries i.e., East: Sy.No.737, South: Sy.No.737 road, West: Sy.No.563 and North: Sy.No.737 of Rachapalli Village, Makavaram Mandal, Anakapalli District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 21.02.2026 submits that as per the Settlement Fair Adangal (SFA) and Field Measurement Book (FMB), the Sy.No.563 of Rachapalli Village, Makavarapalem Mandal, is classified as Zeroyathi (Private Land) with a total extent of Ac.11.82 cents. Further the Sy.No.737 of the same village stands classified as Konda Poramboke (Government Land) with a total extent of Ac.1605.30 cents.
Thus, the Sy.Nos.563 and 737 are distinct survey numbers with different classifications and extents, one being the private land and the other being the Government land. Therefore, the petitioner’s claim of purchase of Ac.20.00
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cents in Sy.No.563 is inherently untenable, since the total extent of Sy.No.563 itself is only Ac.11.82 cents as per the settlement records. The alleged inclusion of Ac.8.18 cents, which in fact falls in Sy.No.737, classified as Government Poramboke land, renders the petitioner's claim and the validity of the sale deed to that extent legally untenable. The petitioner wrongly claimed that the remaining Ac.8.18 cents forms part of Sy.No.563 as Zeroyathi land, though it is admittedly part of Sy.No.737. As per Rc.No.185/2025/B dated 22.11.2025, the Revenue Divisional Officer, Narsipatnam, constituted a committee comprising of (1) Sri L. Ramarao, Tahsildar, Narsipatnam,
(2) Smt. K. Bangaru Devi, DIOS, Narsipatnam,
(3) Horticultural Officer, Makavarapalem,
(4) Sri M. Apparao, Agricultural Officer, Makavarapalem,
(5) Sri K. Nookaraju, Deputy Tahsildar, Makavarapalem,
and
(6) Mandal Revenue Inspector, Kotauratla,
to conduct a detailed enquiry into the objections raised in respect of the encroachments in Sy.No.737 of Rachapalli Village. The committee examined 27 objections and upon detailed verification, concluded that 489 encroachers are in possession and enjoyment of the land admeasuring Ac.406.87 cents in Sy.No.737. The petitioner's claim in Sy.No.737 was specifically examined and rejected. The recommendations were submitted to the Revenue Divisional Officer, Narsipatnam on 25.11.2025 and the final list of encroachers were
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prepared accordingly. Subsequently, a Grama Sabha was conducted on 27.11.2025 at Rachapalli Village under the chairmanship of the Sarpanch, in the presence of the ZPTC, MPTC, Revenue Divisional Officer, Tahsildar, villagers and identified the encroachers. The Grama Sabha unanimously approved the final modified Enjoyment Survey Report confirming 489 encroachers occupying Ac.406.87 cents in Sy.No.737.
Therefore, the petitioner is wrongly asserting a claim over the Government land under the guise of private transactions, despite the matter having been duly examined by the competent authorities and approved in the Grama Sabha. 4. In view of the above said facts and circumstances, as the petitioner’s claim in Sy.No.737 was specifically examined and rejected by the authorities concerned, no relief can be granted in this writ petition. However, the said rejection order may be communicated to the petitioner concerned. The said written instructions of the 4th respondent dated 21.02.2026 shall be made as part of the Court record. 5. Accordingly, this Writ Petition is disposed of. 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 23.02.2026 PGT