APHC010326052019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15386/2019 Between: 1. SIRAM SRINU BABU, , S/O S.RAMAKRISHNA, AGED ABOUT 32 YEARS, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 2. GADA SRINU, S/O.SUBBARAO ,R/O.H.NO.2-75, AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 3. SIRAM DORABABU, S/O SUBBA RAO AGED ABOUT 37 YEARS, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 4. SIRAM SRINU, S/O SIRAM SUBBA RAO, AGED ABOUAT 38 YEARS, R/O D.NO. 2-76, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 5. AMALADASU RUDRAYYA, S/O AGED ABOUT 60 YEARS, R/O D.NO. 4-78, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 6. AMALADASU BANGARU BABU, S/O AMADALASU RUDRAYYA AGED ABOUT 32 YEARS, R/O D.NO. 4-78/2, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 7. SIRAM SUBBA RAO, S/O SIRAM NERALLA RAO, AGED ABOUT 56 YEARS, R/O AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. 8. SIRAM LAKSHMI, W/O SUBBA RAO AGED ABOUT 58 YEARS, R/O 2 VS,J W.P.No.15386 of 2019 AMINABAD VILLAGE, U.KOTHAPALLI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COLLECTOR, EAST GODAVARI DISTRICT KAKINADA 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA 4. THE TAHSILDAR, U.KOTHAPALLI MANDAL , E.G. 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 pleased to to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not handing over the possession by demarcating the land to the petitioners individually i.e. land of Ac. 0.19 cents in Sy.No. 55/3, Aminabad village, U .Kothapalli Mandal, East Godavari District as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to demarcate and hand over the possession of the above land to the petitioners and to pass such other order or orders as the Hon'ble Court may deem fit and proper in the interests of justice. 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 2nd respondent to consider and dispose of the representation of the petitioners dated 17.08.2018 with regard to the handing over the land to the petitioners i.e. land of Ac.0.19 cents in Sy.No.55/3, Aminabad village, U.Kothapalli Mandal, East Godavari District and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interests of justice. pending disposal of the above writ petition and to pass 3 VS,J W.P.No.15386 of 2019 IA NO: 1 OF 2021 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 direction directing the respondents to immdeiately stop the construction of grama sachivalayam and other structures in the land of Ac 0-19 cents in Sy.No. 55/3, Aminabad vilalge, U.Kothapalli mandal, East Godavari district pending disposal of the above writ petition 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 May be leased to grant leave to the Respondent No.4 in the Writ Petition No. 15386 of 2019 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. KONA N.D.V.RAMANA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 4 VS,J W.P.No.15386 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not handing over the possession by demarcating the land to the petitioners individually i.e. land of Ac. 0.19 cents in Sy.No. 55/3, Aminabad village, U .Kothapalli Mandal, East Godavari District as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to demarcate and hand over the possession of the above land to the petitioners and to pass such other order or orders as the Hon'ble Court may deem fit and proper in the interests of justice…” 2. All the petitioners herein belong to Scheduled Tribe Community; they reside in Aminabad, U. Kothapalli mandal, East Godavari district and as they do not have dwelling houses, they approached the Aminabad gram panchayat with a request to provide house site, pursuant to which, a resolution was passed by the gram panchayat on 16.09.2014 resolving to allot lands to the petitioners; accordingly, the 4th respondent issued a certificate bearing Ref.No.B/26/2015, dated 26.05.2015 allotting the land admeasuring Acs.0.19 cents situated in Sy.No.55/3 of Aminabad village to all the petitioners. 5 VS,J W.P.No.15386 of 2019 3. The grievance of the petitioners is that when they were taking possession of the lands allotted in their favour, they were obstructed by the villagers; as such, the petitioners approached the revenue officials by way of several representations (dated 22.02.2018, 12.02.2018 and 23.04.2018) with a request to demarcate the lands allotted in their favour and to handover possession of the same. Pursuant to such representations, the 4th respondent conducted enquiry and sent a report dated 19.05.2018 to the 2nd respondent seeking further instructions. Aggrieved by the inaction on the part of the respondents in not handing over the possession of the land allotted in their favour, the present writ petition is filed. 4. The 4th respondent filed a detailed counter affidavit stating that the land admeasuring Acs.0.19 cents situated in Sy.No.55/3 of Aminabad village of U. Kothapalli mandal belongs to Government and is vested with gram panchayat, Aminabad. Therefore, the gram panchayat intended to construct grama sachivalayam in the subject land on which, the petitioners should not have any objection as the petitioners were never provided with any right over the same. It is further stated that the petitioners are in possession of house sites elsewhere and they possess houses in the village. Hence, requested to dismiss the writ petition. 5. Heard Sri. Kona.N.D.V. Ramana Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 6 VS,J W.P.No.15386 of 2019 6. Perused the entire material available on record. Admittedly, it is the case of the petitioners that considering their request, the Aminabad gram panchayat passed a resolution on 16.09.2014 allotting the land admeasuring Acs.0.19 cents situated in Sy.No.55/3 in favour of the petitioners and accordingly, the 4th respondent had issued certificate dated 26.05.2015, basing on which, the petitioners are in possession of the subject land. It is the case of the petitioners that though each petitioner is entitled for an extent of Acs.0.1½ cents out of the total extent of land, the same is not demarcated in spite of several representations/complaints to the revenue officials. 7. On the other hand, the respondent authorities contend that the subject lands were never allotted in favour of the petitioners. However, the counter affidavit is accompanied by application search details, which indicate that the petitioners were allotted land in the subject village; but, the said details do not disclose the survey number or extent of the land allotted. In such circumstances, the respondent authorities cannot simply deny the possession of the petitioners over the subject land. 8. In view of the above, this writ petition is disposed of and the petitioners are directed to make appropriate application before the respondent authorities seeking demarcation of the land admeasuring Acs.0.19 cents situated in Sy.No.55/3 of Aminabad village, U. Kothapalli mandal, by duly conducting a survey, after issuing notice to the concerned. On receipt of such 7 VS,J W.P.No.15386 of 2019 application, the respondent authorities are directed to proceed further, in accordance with law. The said process shall be completed within a period of four (4) months from the date of receipt of a copy of this order. 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 08.09.2026 Gss