Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 4656 (AP)

C RAJU v. The State of Andhra

WP/3656/2018 · 2026-06-29

V Sujatha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date of reserved for orders : Date of pronouncement : 30.06.2026 Date of uploading : 10.07.2026 APHC010082492018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 30th DAY OF JUNE 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3656/2018 Between: 1. C RAJU, S/O CHINNATHAMBI, AGE ABOUT 53 YEARS, AGRICULTURISTS AND RESIDENTS OF THAMBIGANIPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 2. SRI NATARAJAN, S/O T.R.VENKATAPPA AGE 75 YEARS, AGRICULTURISTS AND RESIDENTS OF THAMBIGANIPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 3. SRI CHINNA RAJA, S/O CHINNASWAMY AGE 58 YEARS, AGRICULTURISTS AND RESIDENTS OF THAMBIGANIPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 4. SRI N.V.SUBRAMANYAM, S/O VENKATESULU AGE 59 YEARS RESIDENTS OF KAMATHAMMURU VILLAGE KUPPAM MANDAL CHITTOOR DISTRICT 5. SRI N.V.NARAYANA, S/O N.VENKATESULU AGE 56 YEARS RESIDENTS OF KAMATHAMMURU VILLAGE KUPPAM MANDAL CHITTOOR DISTRICT 6. SRI N.V.SHIVAKUMAR, S/O N.VENKATESULU AGE 42 YEARS RESIDENTS OF KAMATHAMMURU VILLAGE KUPPAM MANDAL CHITTOOR DISTRICT 2 VS,J W.P.No.3656 of 2018 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA, PRADESH REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE SECRETRIAT BUILDINGS, VELAGAPUDI VILLAGE OF AMARAVATHI MANDAL OF GUNTUR DISTRICT. AP PIN 522503 2. THE DISTRICT COLLECTOR, CHITTOOR 517001 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALIE 517325 4. THE TAHSILDAR, KUPPAM MANDAL CHITTOOR DISTRICT 517425 ...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 toTo issue an order, direction or a writ of mandamus, declaring the action of the respondents in trying to take over the lands of the petitioner No.1 in Sy.no.205-13 Dry land Extent Ac.1-07 cents, in Sy.no. 205-10 dry land Extent Ac.0-29 cents, the lands of rd petitioner in sy.no. 204/1A-2 an extent of Ac. 0-2700 cents and in sy.no.244/19 extent Ac.0.2300 cents, sy.no.244/3 extent Ac. 0.4500 cents, the 3rd petitioner lands in Sy.no. 210/5c Extent Ac. 0- 70 cents, sy.no. 210/2 Ex Ac.0-02 cents, sy.no.207-14 Ac. 0-29 cents, sy.no 204-94 Ac. 0-06 cents, sy.no 208-4c Ac.0-03 cents the4th petitioner lands in Sy.no.210/6a, extent Ac.1.0500 cents, sy.no.209/8b extent Ac 0.1600 cents, sy.no.209/7b extent Ac.0.2000 cents and in sy.no.176/la/2 extent 0.2000 cents, the 5th petitioner lands in sy.no.208/17B extent Ac.0-0300 cents, sy.no.208/15A extent ac.0-7200 cents, sy.no.208/14 extent AC. 0.1000 cents, sy.no.208/13 Ac. 0.0500,cents, sy.no.208/12 AC..0.0300 cents, sy.no.208/11 extent Ac..0.0600 cents, sy.no.208/10 Ex. AC. 0.0600 cents, sy.no.176/3A extent Ac.0.0500 cents, sy.no.209/8a Ex.Ac. 0.1100 cents, Sy.no.209/7a2 Ex.Ac.0.2300 cents, Sy.no.209/5a2 Ex.Ac.0.0900 cents, Sy.no.208/9 Ex. Ac.0.0600 cents, Sy.no. 208/8 Ex.Ac.0.0900 cents, Sy.no.208/5 Ex.Ac. 0.2200 cents, sy.no.208/19a Ex.Ac.0.0700 cents, sy.no. 208/18a Ac. 0.0300, Sy.no. 175/3a2 Ac.0.1200 cents, the 6th petitioner lands in sy.no.208-15 Ac. 0-34 cents, sy.no.208-16 AC. 0-12 cents, sy.no.208/17 Ac. 0-15 cents, sy.no.208/18 Ac.0-11 cents, sy.no. 208/19 Ac. 0-27 cents, sy.no. 209/5A Ac.0- 3 VS,J W.P.No.3656 of 2018 68 cents, sy.no.209/7a AC.0-06 cents, sy.no.176/la ac. 0-60 cents , sy.no.175/3a ac. 0-12 cents, of Ekarlapalle village of Kuppam Mandal of Chittoor district without following the due process of law and by violating the principles of natural justice, as illegal arbitrary and unconstitutional and consequently direct the respondents to follow the due process of law and also the principles of natural justice before taking over or acquiring the lands of the petitioners and to pass. IA NO: 1 OF 2018 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 to issue a direction to the respondents not to interfere into the peaceful possession and enjoyment of the lands of the petitioner No.1 in Sy.no.205-13 Dry land Extent Ac.1-07 cents, in Sy.no. 205-10 dry land Extent Ac.0-29 cents, the lands of 2nd petitioner in sy.no. 204/1A-2 an extent of Ac. 0-2700 cents and in sy.no.244/19 extent Ac.0.2300 cents, sy.no.244/3 extent Ac. 0.4500 cents, the 3rd petitioner lands in Sy.no. 210/5c Extent Ac. 0-70 cents, sy.no. 210/2 Ex Ac.0-02 cents, sy.no.207-14 Ac. 0-29 cents. sy.no 204-94 Ac. 0-06 cents, sy.no 208-4c Ac..0-03 cents the 4th petitioner lands in Sy.no210/6a_ extent Ac.1.0500 cents, sy.no.209/81) scent 0.1600 cents, sy.no.209/7b extent Ac.0.2000 cents and in sy.no.176/1a/2 extent 0.2000 cents, the 541b petitioner lands in sy.no.208/17B extent Ac.0-0300 cents, sy.no.208/15A extent ac.0-7200 cents, sy.no.208/14 extent AC. 0.1000 cents, sy.no.208/13 Ac. 0.0500,cents, sy.no.208/12 AC..0.0300 cents, sy.no.208/11 extent Ac..0.0600 cents, sy.no.208/10 Ex. AC. 0.0600 cents, sy.no.176/3A extent Ac.0.0500 cents, sy.no.209/8a Ex.Ac. 0.1100 cents, Sy.no.209/7a2 Ex.Ac.0.2300 cents, Sy.no.209/5a2 Ex.Ac.0.0900 cents, Sy.no.208/9 Ex. Ac.0.0600 cents, Sy.no. 208/8 Ex.Ac.0.0900 cents, Sy.no.208/5 Ex.Ac. 0.2200 cents, sy.no.208/19a Ex.Ac.0.0700 cents, sy.no. 208/18a Ac. 0.0300, Sy.no. 175/3a2 Ac.0.1200 cents, the 6th petitioner lands in sy.no.208-15 Ac. 0-34 cents, sy.no.208-16 AC. 0-12 cents, sy.no.208/17 Ac. 0-15 cents, sy.no.208/18 Ac.0-11 cents, sy.no. 208/19 Ac. 0-27 cents, sy.no. 209/5A Ac.0- 68 cents, sy.no.209/7a AC.0-06 cents, sy.no.176/1a ac. 0-60 cents , sy.no.175/3a ac. 0-12 cents, of Ekarlapalle village of Kuppam Mandal of Chittoor district and pass Counsel for the Petitioner(S): 4 VS,J W.P.No.3656 of 2018 1. S S BHATT Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR REVENUE (AP)-15548/AP/15548/2017 The Court made the following: 5 VS,J W.P.No.3656 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “… to issue an order, direction or a writ of mandamus, declaring the action of the respondents in trying to take over the lands of the petitioner No.1 in Sy.no.205-13 Dry land Extent Ac.1-07 cents, in Sy.no.205-10 dry land Extent Ac.0-29 cents, the lands of 2nd petitioner in sy.no.204/1A-2 an extent of Ac.0-2700 cents and in sy.no.244/19 extent Ac.0.2300 cents, sy.no.244/3 extent Ac.0.4500 cents, the 3rd petitioner lands in Sy.no.210/5c Extent Ac.0-70 cents, sy.no.210/2 Ex Ac.0-02 cents, sy.no.207-14 Ac.0-29 cents, sy.no.204-94 Ac.0-06 cents, sy.no.208-4c Ac.0-03 cents the 4th petitioner lands in Sy.no.210/6a, extent Ac.1.0500 cents, sy.no.209/8b extent Ac 0.1600 cents, sy.no.209/7b extent Ac.0.2000 cents and in sy.no.176/la/2 extent 0.2000 cents, the 5th petitioner lands in sy.no.208/17B extent Ac.0-0300 cents, sy.no.208/15A extent ac. 0-7200 cents, sy.no.208/14 extent AC. 0.1000 cents, sy.no.208/13 Ac.0.0500 cents, sy.no.208/12 AC.0.0300 cents, sy.no.208/11 extent Ac.0.0600 cents, sy.no.208/10 Ex. AC.0.0600 cents, sy.no.176/3A extent Ac.0.0500 cents, sy.no.209/8a Ex Ac. 0.1100 cents, Sy.no.209/7a2 Ex.Ac.0.2300 cents, Sy.no.209/5a2 Ex.Ac.0.0900 cents, Sy.no.208/9 Ex. Ac.0.0600 cents, Sy.no.208/8 Ex. Ac. 0.0900 cents, Sy.no.208/5 Ex.Ac.0.2200 cents, sy.no.208/19a Ex.Ac.0.0700 cents, sy.no.208/18a Ac.0.0300, Sy.no.175/3a2 Ac.0.1200 cents, the 6th petitioner lands in sy.no.208-15 Ac.0-34 cents, sy.no.208-16 AC.0-12 cents, sy.no.208/17 Ac.0-15 cents, sy.no.208/18 Ac.0-11 cents, sy.no.208/19 Ac. 0-27 cents, sy.no.209/5A Ac. 0-68 cents, sy.no.209/7a AC.0-06 cents, sy.no.176/la ac.0-60 cents, sy.no.175/3a ac.0-12 cents, of 6 VS,J W.P.No.3656 of 2018 Ekarlapalle village of Kuppam Mandal of Chittoor district without following the due process of law and by violating the principles of natural justice, as illegal arbitrary and unconstitutional and consequently direct the respondents to follow the due process of law and also the principles of natural justice before taking over or acquiring the lands of the petitioners….” 2. The case of the petitioners is that they are residents of Kuppam Mandal and are having agricultural landed properties in Ekarlapalle Village of the said Mandal. It is their further case that, recognizing their possession and enjoyment over the said lands, the respondent authorities have also issued pattadar passbooks, title deeds, adangals, 1-B forms etc., in their favour. While the things stood thus, when the respondent authorities started initiating steps for forming a new road from Gullepalle Village to Kuppam Town, to an extent of 1 Km to 1 ½ Kms, with a width of 30 feet, passing through the petitioners’ lands, without issuing any notice or paying any compensation and without following due process of law. Aggrieved by which, the present writ petition is filed. 3. On 09.02.2018, while ordering notice before admission, this Court passed the following interim order: “In the absence of any instructions by the learned Government Pleader, even after giving an opportunity on 06.02.2018, this Court is constrained to direct the respondents 2 to 4 not to interfere with 7 VS,J W.P.No.3656 of 2018 the land of the petitioners, without following due process of law, until further orders.” 4. Respondent No.4 has filed a counter affidavit, wherein it is stated that the Panchayat Raj (PIU) Department has not submitted any requisition for land acquisition in respect of the lands required for formation of a road from Kuppam Town to Gullepalle Village before District Collector, Chittoor and hence, no land acquisition process has been initiated. As such, there is no cause of action against the Revenue Department in connection with the alleged laying of the road, as contended by the petitioners in the present writ petition. It is also stated that there is no need for a permanent road from Gullepalle to Kuppam Town in the interest of public. 5. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. 6. On perusal of the counter affidavit, it is clear that there is no interference by respondents No.2 to 4 with the petitioners’ land and also that there is no question of laying a road from Gullepalle Village to Kuppam Town, as alleged by the petitioners. 7. In view of the above, instead of going into the merits of the case, this Writ Petition is disposed of, directing respondents No.2 to 4 not to interfere with the petitioners’ possession over the subject property without following due process of law. There shall be no order as to costs. 8 VS,J W.P.No.3656 of 2018 As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Dated: 30.06.2026 KGR Whether the order is : Speaking ✓ Yes/No Reasoned Yes/No Reportable Yes/No Non-Reportable ✓ Yes/No