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2026 DAILYLAW 7488 (AP)

SATTHU SUMALA v. The State of Andhra Pradesh

WP/19893/2026 · 2026-08-11

B S Bhanumathi

body2026

Judgment text

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APHC010370882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wednesday, the 12th day of August, 2026 Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No.19893 of 2026 Between: 1. Satthu Sumala, D/o. Sankala Balaiah, aged about 36 years, 2. Satthu Vijayamma, D/o. Sankala Peda Pichaiah, aged about 56 years, 3. Kota Vijayamma, W/o. Narasimhulu, aged about 57 years, 4. Challa Kavitha, W/o. Ramesh, aged about 46 years, 5. Tirupati Anvitha, W/o. Yedukondalu, aged about 42 years, 6. Mancha Rajeswari, W/o. Sreenivasulu, aged about 53 years, 7. Gudugunta Sandhya, D/o. Maddhela Anantharao, aged about 32 years, 8. Pamuru Anusha, W/o. Ravi Kumar, aged about 31 years, 9. Pala Sugunamma, W/o. Ramana Reddy, aged about 62 years, 10. Delli Ramadevi, W/o. Rajayya, aged about 43 years, 11. Chilukuru Prasad, S/o. Penchalaiah, aged about 36 years, 12. Modu Ramanamma, D/o. Bommathula Subbaiah, aged about 66 years, 2 BSB,J W.P.No.19893 of 2026 13. Nakkala Mallika, D/o. Matti Venkata Subbaiah, aged about 54 years, All the petitioners are residing at Kaluvoya village and mandal, S.P.S.R. Nellore District. ... Petitioners and 1. The State of Andhra Pradesh, represented by its Principal Secretary (Revenue Department), Secretariat Buildings, Velagapudi, Amaravati, Guntur district, 522 238. 2. The District Collector, Nellore, S.P.S.R. Nellore district, 524 001. 3. The Revenue Divisional Officer, Atmakur, S.P.S.R. Nellore district, 524322. 4. The Tahsildhar, Kaluvoya mandal, S.P.S.R. Nellore district, 524302. ... Respondents Counsel for the petitioners: 1. Vallepu Jagadeesh Counsel for the respondents: 1. Government Pleader for Revenue 3 BSB,J W.P.No.19893 of 2026 The Court made the following order: This writ petition is filed under Article 226 of the Constitution of India to issue a writ or order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents Nos.3 and 4 trying to evict the petitioners from their house sites in an extent of Ac.0.02 ½ cents each respectively situated at plot No.1, 2, 8, 9, 10, 11, 12, 13, 14, 246 A, 246 B, 247 A and 247 B in Sy. No. 930-1 at Kaluvoya village and mandal, S.P.S.R. Nellore district, is as illegal, arbitrary and violative of article 14, 21 and 300A of Constitution of India and the principles of natural justice; and consequently direct the respondents not to evict the petitioners from the subject lands and pass such other order or orders, as this Court deems fit in the interest of justice. 02. The case of the petitioners is that they were granted possession certificates vide File Nos. 40/2019, 41/2019, 47/2019, 48/2019, 49/2019, 50/2019, 51/2019, 52/2019, 53/2019, 54/2019, 55/2019, 56/2019 and 57/2019 dated 25.01.2019 to an extent of Ac.0.02 ½ cents each in plot Nos. 1, 2, 8, 9, 10, 11, 12, 13, 14, 246 A, 246 B, 247 A and 247 B in Sy. No. 930-1 at Kaluvoya village and mandal, S.P.S.R. Nellore district; and that when the respondent No.4 came to subject properties on 07.02.2026 and directed the petitioners to vacate the sites without heeding their request, they filed W.P.No.4346 of 2026 praying to direct the respondent No.4 not to evict the petitioners from the subject sites. Basing on the written instructions submitted by the Assistant Government Pleader on 16.02.2026, this High Court passed the following order : “ “ “ On the other hand, the learned Assistant Government Pleader relying upon the written 4 BSB,J W.P.No.19893 of 2026 instructions of the respondent No.4 dated 14.02.2026 submits that the Government granted house site pattas to the petitioners in the year 2019 to an extent of Acs.0.02 ½ cents in Sy.No.930 / 1 of Kaluvoya village and mandal. Since 2019, the allotees have not raised any construction on the house sites allotted to them. Till today, the house site pattas granted to them in vacant on ground. The respondent No.4 herein, not initiated any action against the writ petitioners, including issuance of notices on them In view of the above said facts and circumstances, and upon considering the written instructions of the respondent No.4, dated 14.02.2026, no further orders are necessary in this writ petition. Accordingly, this writ petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. The written instructions of the respondent No.4, dated 14.02.2026 shall be made as part of the Court record.” Even then, since the harassment continued, the petitioners filed C.C.No.1800 of 2026. It was closed with the following order: “ “2.This contempt case is filed against the order passed in W.P.No.4346 of 2026 dated 16.02.2026 which was disposed of with an observation that no further orders are necessary in this writ petition on the statement made by the 5 BSB,J W.P.No.19893 of 2026 respondents therein that “the 4th respondent therein not initiated any action against the writ petitioners including the issuance of notices on them”. i) And now that the learned counsel for the petitioners submits that, thereafter without initiating any action they are trying to vacate the petitioners. For which this contempt case is filed. If there is any fresh cause of action, it is open for the petitioners to file appropriate writ petition if so warranted and if so advised in accordance with law. However, no contempt case can be maintained against the order passed in W.P.No.4346 of 2026 dated 16.02.2026. 3. Accordingly, the contempt case is dismissed. However, liberty is given to the petitioners to take appropriate course of action in accordance with law if they are aggrieved by the action of the respondent authorities concerned. Interim order if any, deemed to have been vacated. There shall be no order as to costs.” Since again, the respondent No.4 is trying to evict the petitioners from the subject sites, this writ petition was filed. 03. The learned Government Pleader for Revenue placed on record a copy of written instructions of the respondent No.4 vide dated 28-07-2026, wherein it is mentioned at paragraphs Nos.3 to 13 as follows: 6 BSB,J W.P.No.19893 of 2026 “3. It is submitted that, an extent of Acs.3.60 in Sy.No.930 of Kaluvoya village is classified as dotted (...) land, as per the R.S.R. of the village. 4. The Sy.No.930 subdivided into 2 subdivisions i.e., an extent of Acs.2.60 in Sy. No. 930 / 1, Acs.1.00 in Sy.No. 930 / 2 and scrutinized on 03.04.1999. 5. Later, the Government granted house site pattas to the petitioner in the year 2019 to an extent of Acs.0.02 ½ in Sy. No. 930/1 of Kaluvoya village and mandal. 6. Since 2019, the allottee has not raised any construction on the house site allotted to her. 7. Smt.Sathulasumala S/o.Sankala Balaiah and 12 others have filed W.P.No.4346 / 2026 before this Hon’ble Court with the same prayer. 8. The Hon’ble Court by order dated 16.02.2026 in W.P.No. 4346 / 2026 pleased and granted interim direction not initiated any action against the writ petitioners, including issuance of notice on them. 9. The writ petition No.4346 / 2026 disposed on by issuing the following orders. “ Accordingly, this writ petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. The written instructions of the respondent No.4, dated 14.02.2026 shall be made as part of the Court record.” 7 BSB,J W.P.No.19893 of 2026 10. The Tahsildar not initiated any action against the petitioners. 11. As the matter stood thus, the petitioners have filed contempt case C.C.No.1800 / 2026 in W.P.No.4346 / 2026. 12. The Hon’ble Court by order dated 25.06.2026 closed the contempt case with the following observation. “Accordingly, the contempt case is dismissed. However, liberty is given to the petitioners to take appropriate course of action in accordance with law if they are aggrieved by the action of the respondent authorities concerned. Interim order if any, deemed to have been vacated. There shall be no order as to costs.” 13. The writ petitioners again filed this writ petition before this Hon’ble Court on the same grounds. Hence, they are not entitled to grant any relief in this writ petition and the writ petition is liable for dismissed.” 04. The learned counsel for the petitioners submitted that as there is no positive direction against the respondent not to evict the petitioners from the subject land without following due process of law, the respondents have been continuously interfering with the possession of the petitioners and are threatening to get them evicted. 8 BSB,J W.P.No.19893 of 2026 05. As can be seen from the written instructions, there is a clear admission of issuance of house site pattas to the petitioners. The document filed by the petitioners are titled as house site delivery patta. The only adverse observation in the instructions is that the allottees have not raised any construction in the house sites allotted to them. One of the conditions in the patta is “if the house is not constructed within three years or if it is left for a period of one year without any enjoyment, the allotting officer or the government official shall have to take possession of the site along with construction.” 06. As such, if the respondents intend to take action pursuant to the violation of this condition, appropriate procedure shall be followed, either for cancellation of the pattas or resumption of the site. Till such time, there shall not be any interference. 07. Accordingly, this writ petition is disposed of directing the respondents not to interfere with the possession of the petitioners in the subject sites, except according to the procedure established under the law. The respondents are at liberty to take appropriate action in case it is intended to cancel the patta or resume the land for violation of the any of the conditions of the patta or for any other legally valid ground. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 12.08.2026 Note: C.C. by 19.08.2026 GRL 9 BSB,J W.P.No.19893 of 2026 164 THE HONOURABLE MS JUSTICE B.S.BHANUMATHI WRIT PETITION No.19893 of 2026 Date: 12.08.2026 Note: C.C. by 19.08.2026 GRL 10 BSB,J W.P.No.19893 of 2026