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High Court of Andhra Pradesh · body

2026 DAILYLAW 9461 (AP)

VENNI PYDISETTI v. THE STATE OF ANDHRA PRADESH

WP/20038/2019 · 2026-08-31

V Sujatha

body2026

Judgment text

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APHC010416972019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20038/2019 Between: 1. VENNI PYDISETTI, S/O(LATE)SANYASI, AGED 54 YRS 2-112, BAKARUPALEM VILLAGE ANANDAPURAM MANDAL VIA GIRIJALA VISAKHAPATNAM DISTRICT-531173 2. V. CHINNA RAVANA, S/O PYDISETTI, AGED 30YRS ANANDAPURAM MANDAL VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETATIAR VELAGAPUDI, AMAVARATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE MANDAL REVENUE OFFICER, ANANDAPURAM MANDALAM VISAKHAPATNAM DISTRICT. 4. THE VILLAGE REVENUE OFFICER, KONDALAPAKA PANCHAYAT ANANDAPURAM MANDALAM VISAKHAPATNAM 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 2 VS,J W.P.No.20038 of 2019 pleased topleased pleased to issue a Writ , Order, Direction more particularly one in the nature of Writ of mandamus declaring the acticn of the Respondents particularly 3rd and 4th Respondents trying to interferring into the peaceful possession and Enjoyment of Agricultural land of the petitoners in an extent of AC.1-30 Cents in Survey No. 71 of Bakarupalem village , Anandapuram mandal Visakhapatnam district including dispossession without following the procedure of Law by violation of Article 14, 19,300A of the Constitution of India Consequently to direct the Respondents 3 and 4 not to dispossession of the petitioners agricultural land in the interest of the justice. and pass IA NO: 1 OF 2019 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 pass an order to direct the Responents 3 and 4 not to dispossession of the petitioners from their agricultural land in an extent of Ac 1-30 cents in S.NO. 71 at Bakarapalem village, Anandapuram mandal visakhapatnam district pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.20038 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue a Writ , Order, Direction more particularly one in the nature of Writ of mandamus declaring the acticn of the Respondents particularly 3rd and 4th Respondents trying to interferring into the peaceful possession and Enjoyment of Agricultural land of the petitoners in an extent of AC.1-30 Cents in Survey No. 71 of Bakarupalem village , Anandapuram mandal Visakhapatnam district including dispossession without following the procedure of Law by violation of Article 14, 19,300A of the Constitution of India Consequently to direct the Respondents 3 and 4 not to dispossession of the petitioners agricultural land in the interest of the justice. and pass…” 2. The case of the petitioners is that the petitioners’ father cultivated the land admeasuring Acs.1.30 cents situated in S.No.71 of Bakarupalem village, Anandapuram mandal, Visakhapatnam district. Identifying the possession of the petitioners over the subject property, the revenue authorities incorporated the 1st petitioner’s name in the revenue records. 3. While the matter stood thus, the respondent Nos.3 and 4 started interfering with the petitioners’ possession over the subject property and threatened to dispossess the petitioners from the subject 4 VS,J W.P.No.20038 of 2019 land without following due process of law. Aggrieved by the action of the respondent Nos.3 and 4, the present writ petition is filed. 4. The 3rd respondent filed a detailed counter affidavit stating that Bakurpalem village in Anandapuram mandal was taken over under the provisions of Estate Abolition Act, 1948 along with other villages of Vizianagaram estate. Thereafter, regular survey and settlement operations were taken up and the same were completed before 1958. During the course of settlement operations, the Settlement authorities entertained all the claims and determined the new rights under Estate Abolition Act, 1948 and granted settlement pattas to all the eligible persons and prepared settlement records. It is further stated that survey and settlement operations were conducted during 1956-1958 and settlement records were prepared with survey numbers, extents of lands along with its classification, patta number and pattadar name. According to revenue records prepared by the then settlement officers, the land situated in Sy.No.71 admeasuring Acs.4.01 cents of the subject village is classified as AWD Gayalu and the Government is the absolute owner of the same. As could be seen from the records available, the subject lands were not assigned to any person and as the subject land belongs to Government, it was included in the list of prohibited lands notified under Section 22 (A) of the Registration Act. 5 VS,J W.P.No.20038 of 2019 5. It is further stated that the Government of Andhra Pradesh has taken up the project of issuing house site pattas to landless poor persons and to implement such welfare programme, available Government lands in all villages of Anandapuram mandal were identified and accordingly, the land admeasuring Acs.1.35 cents situated in Sy.No.71 of Bakurupalem village was identified as plain land with no cultivation or any vegetation. It is further stated that the petitioners are not in possession of the subject land and that they have no right over the subject property. Hence, requested to dismiss the writ petition. 6. Heard Sri. R. Siva Sai Swarup, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 7. Perused the entire material available on record. Though the respondents contend that the petitioners are not in possession over the subject land and have no right over the same, it can be seen from the memo filed by the petitioners on 07.04.2026 that a D-form patta dated 24.08.1992 was issued by the then Mandal Revenue Officer in favour of the 1st petitioner in respect of the subject land. In the absence of any rebutting proof by the respondents, it cannot be believed that the petitioners do not have any right over the subject property. 8. In view of the same and considering the D-form patta dated 24.08.1992 issued in favour of the 1st petitioner, this writ petition is 6 VS,J W.P.No.20038 of 2019 disposed of directing the respondent authorities not to interfere with the possession of the petitioners over the land admeasuring Acs.1.30 cents situated in S.No.71 of Bakarupalem village, Anandapuram mandal, Visakhapatnam district, without following due process of law, if at all the petitioners are in possession of the subject land as on today. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 01.09.2026 Gss