APHC010004722019 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: 255/2019 Between: 1. K SOMULAMMA AND ANOTHER, W/O RAMU NAIDU, HINDU, AGED BOUT 63 YEARS, R/O ASAKAPALLE VILLAGE, ANAKONDA TALUK, SABBAVARAM MANDAL, VISAKHAPATNAM DIST. 2. GAVARA ATCHAYAMMA, W/O SANNI BABU, R/O. YERUKU NAIDUPALEM VILLAGE, ASKAPALLI POST, SABBAVARAM MANDAL, VISAKHAPATNAM DIST. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH AND 3 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI,GUNTUR DIST. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE TAHSILDAR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. ...RESPONDENT(S): 2 VS,J W.P.No.255 of 2019 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 to to issue a writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly repondent No.4 herein in attempting to dispossess the petitioners by removing the 4 existing tress in an extent of Ac.4.05 cents in Sy. No.2-11 vide patta number 146 and an extent of Ac.5.02 cents in Sy. No.2-9 under patta No.345 and land to an extent of Ac.2.35 cents in Sy. No.2-10 of Asakapalle village, Sabbavaram Mandal, Visakhapatnam District respectively without issuing any show cause notice or an opportunity of being heard as illegal, arbitrary, unjust, malafiede against to the rights guaranteed under Article 300-A of theconstitution of Inedia, apart foom Violation of principles of natural justice and so consequently direct the respondents not to interfere with the petitioners property without following due process of law and to 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 To direct the 4th Respondent not to interfere with the petitioners property to an extent of Ac.4.05 cents in Sy. No.2-11, vide patta number 146 and to an extent of Ac.5.02 cents in Sy. No.2-9, under patta No.345 and land to an extent of Ac.2.35 cednts in Sy. No.2-10 of Asakapalle Village,Sabbavaram Mandal, Visakhapatnam District pending disposal of the above writ petition and to pass. IA NO: 1 OF 2022 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 extend the interim orders passed by this Hon'ble Court in W.P.No 255 of 2019 dated 11-01-2019 in the interests of justice and t) pass Counsel for the Petitioner(S): 1. A S C BOSE Counsel for the Respondent(S): 3 VS,J W.P.No.255 of 2019 1. GP FOR REVENUE (AP) The Court made the following: 4 VS,J W.P.No.255 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly repondent No.4 herein in attempting to dispossess the petitioners by removing the 4 existing tress in an extent of Ac.4.05 cents in Sy. No.2-11 vide patta number 146 and an extent of Ac.5.02 cents in Sy. No.2-9 under patta No.345 and land to an extent of Ac.2.35 cents in Sy. No.2-10 of Asakapalle village, Sabbavaram Mandal, Visakhapatnam District respectively without issuing any show cause notice or an opportunity of being heard as illegal, arbitrary, unjust, malafiede against to the rights guaranteed under Article 300-A of theconstitution of Inedia, apart foom Violation of principles of natural justice and so consequently direct the respondents not to interfere with the petitioners property without following due process of law and to pass…” 2. The 1st petitioner was assigned the land admeasuring Acs.4.05 cents situated in Sy.No.2-11 and Acs.0.30 cents in Sy.No.86/2 of Asakapalle village, Sabbavaram mandal, Visakhapatnam district under patta No.146 and proceedings dated 09.11.1975. Similarly, the 2nd petitioner was assigned the land admeasuring Acs.5.02 cents in Sy.No.2-9 of Asakapalle village, Sabbavaram mandal, Visakhapatnam district under patta No.345. The respondent authorities have also issued pattadar 5 VS,J W.P.No.255 of 2019 passbooks and title deeds in favour of the petitioners. Ever since, the petitioners have been in possession and enjoyment of their respective lands. 3. While the matter stood thus, the 4th respondent and other officials visited the petitioners’ lands and tried to dispossess the petitioners without following due process of law. Aggrieved by which, the present writ petition is filed. 4. When the writ petition came up for admission on 11.01.2019, this Court passed the following interim order: “In the meanwhile, status quo as on today, with regard to the subject property shall be maintained.” 5. In spite of several adjournments, the respondents have not chosen to file a counter affidavit. 6. Heard Sri. A.S.C. Bose, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 7. Perused the entire material available on record. During the course of arguments, learned counsel for the petitioners submitted that pursuant to the interim orders passed by this Court, the petitioners continued to be in possession of the subject lands. On the other hand, learned Assistant Government Pleader furnished a copy of letter addressed by the 4th respondent bearing Rc.No.368/2026/SA, dated 17.08.2026 wherein it is stated that the land in Sy.No.2 of Asakapalli 6 VS,J W.P.No.255 of 2019 village, Sabbavaram mandal is classified as Government land (Banjar) and the same were assigned to the petitioners herein under landless poor category subject to usual conditions specified in BSO.15.3. It is further stated that during Government land inspections conducted by the field staff, it was found that the land in Sy.Nos.2-9 and 2-11 of Asakapalli village was encroached by raising sheds; on enquiry, it was found that the assignees have alienated the land to the encroachers for construction of houses. As the said action is in violation of the conditions stipulated in the assignment, action would be taken under the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977. 8. Though the respondents contend that the petitioners have violated the conditions stipulated in the assignments issued in their favour by alienating the subject land in favour of third parties, the instructions are silent as to whether they have issued any notice to the petitioners calling for an explanation before threatening them to dispossess from the subject lands. However, it is evident that the petitioners are in possession and enjoyment of the subject lands pursuant to the interim orders passed by this Court. 9. In view of the same, this writ petition is disposed of directing the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioners over the lands admeasuring Acs.4.05 7 VS,J W.P.No.255 of 2019 cents situated in Sy.No.2-11, Acs.0.30 cents in Sy.No.86/2 and Acs.5.02 cents in Sy.No.2-9 of Asakapalle village, Sabbavaram mandal, Visakhapatnam district, without following due process of law. 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/GNP