APHC010285022019 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: 13066/2019 Between: 1. JELLI VENKATESWARLU, S/O ADISESHAIAH, AGED 51 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, SPSR NELLORE DISTRICT. 2. JELLI HAREMMA, W/O VENKATESWARLU, AGED 48 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE. ALLURU MANDAL. SPSR NELLORE DISTRICT. 3. TOTA HARI BABU, S/O SRINIVASULU, AGED 35 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, SPSR NELLORE DISTRICT. 4. TOTA RADHIKA,, W/O HARIBABU, AGED 33 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, SPSR NELLORE DISTRICT. 5. CHEMUKULA VENKATA RAMANAIAH, S/O RAMANAIAH, AGED 50 YEARS, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, SPSR NELLORE DISTRICT. 6. GOLLA SESHAIAH, S/O VENKAIAH, AGED 65 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, SPSR NELLORE DISTRICT. 7. GOLLA SEENAIAH,, S/P VENKAIAH, AGED 60 YEARS, OCC. AGRICULTURE, R/O GRADDAGUNTA VILLAGE, ALLURU MANDAL, 2 VS,J W.P.No.13066 of 2019 SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE TAHASILDAR, ALLURU MANDAL, ALLURU, SPSR NELLORE 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 at order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in interfering with possession and enjoyment of the petitioners' over the Gramakanta land in an extent of Ac. 5.68 1/2 cents out of Ac. 7.60 cents in Sy.No. 174 if Graddagunta village, Alluru Mandal, SPSR Nellore District as arbitrary. i4gal, null and void and against norms of public policy and principles of natural justice and violative of fundamental rights apart from Article 300-A of Constitution of India without any authority of law and consequently to direct the 3rd respondent herein not to interfere with the possession and enjoyment of petitioners over the Gramakanta land in an extent lof Ac. 5.68 1/2 cents out of Ac. 7.60 cents in Sy.No. 174 of Graddagunta village, Alluru Mandai, SPSR Nellore District 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 respondent authorities not to interfere with the possession and enjoyment of the petitioners' over the Gramakanta land in an extent of Ac. 5.68 1/2 cents out of Ac. 7.60 cents in Sy.No. 174 of Graddagunta village, 3 VS,J W.P.No.13066 of 2019 Alluru Mandal, SPSR Nellore District, pending disposal of the above Writ Petition pending disposal of the above writ petition IA NO: 1 OF 2020 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 implead the proposed respondents 4 and 5 herein as party respondents in the above writ petition and other miscellaneous petitions and to pass IA NO: 2 OF 2020 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 dated 06-09-2019 as extended from time to time till orders dated 30-01-2020 and to pass Counsel for the Petitioner(S): 1. SUDEEPTHI POTLURI Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 VS,J W.P.No.13066 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the follwing prayer: “…to issue at order or direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in interfering with possession and enjoyment of the petitioners' over the Gramakanta land in an extent of Ac. 5.68 1/2 cents out of Ac. 7.60 cents in Sy.No. 174 if Graddagunta village, Alluru Mandal, SPSR Nellore District as arbitrary. i4gal, null and void and against norms of public policy and principles of natural justice and violative of fundamental rights apart from Article 300-A of Constitution of India without any authority of law and consequently to direct the 3rd respondent herein not to interfere with the possession and enjoyment of petitioners over the Gramakanta land in an extent lof Ac. 5.68 1/2 cents out of Ac. 7.60 cents in Sy.No. 174 of Graddagunta village, Alluru Mandai, SPSR Nellore District…” 2. The petitioners claim to be in possession and enjoyment of the land admeasuring Acs.5.68½ cents out of Acs.7.60 cents situated in Sy.No.174 of Graddagunta village, Alluru mandal, SPSR Nellore district. The said land is classified as Gramakantam as per Resurvey and Re- Settlement Register. 3. While the matter stood thus, in the first week of August, 2019, it is alleged that the 3rd respondent visited the subject property and directed the petitioners to vacate the same on the ground that it is a gramakantam 5 VS,J W.P.No.13066 of 2019 land and that it would be utilized for the purpose of allotting house sites to beneficiaries. Aggrieved by the highhanded action of the respondent authorities in interfering with the possession of the petitioners over the subject property, the present writ petition is filed. 4. When the writ petition came up for admission on 06.09.2019, this Court passed the following interim order: “…In view of the same, there shall be an order of status-quo obtaining as on today with regard to possession of the petitioners over the subject land for a period of three weeks.” The said interim order was thereafter extended from time to time. 5. The 3rd respondent filed a detailed counter affidavit stating that as per G.O.Ms.No.187, Revenue (Assn.I) department, dated 27.05.2015, Gramakantam lands vests in grama panchayats and as such, it is the responsibility of the Graddagunta grama panchayat to take appropriate action in respect of gramakantam lands including protection of the same for community purpose. It is further stated that the revenue department is in no way concerned with gramakantam lands and that the petitioners are not in possession and enjoyment of the subject lands. Hence request to dismiss the writ petition. 6. Heard Smt. P. Sudeepthi, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Ms. K. Saritha, 6 VS,J W.P.No.13066 of 2019 learned counsel representing Sri. Ch. Srinivas, learned Standing Counsel for the 5th respondent. 7. On the other hand, learned Standing Counsel for the 5th respondent furnished a copy of instructions of the 5th respondent dated 03.09.2026 wherein it is stated that the subject land situated in Sy.No.174 of Graddagunta village is classified as Gramakantam as per the Resettlement Register (RSR) and that the petitioner is in possession and enjoyment of the subject land by cultivating the same. It is further stated that in the event of any action or interference becomes necessary in respect of the subject land, the gram panchayat would strictly follow the due procedure established by law. 8. It can be seen from the instructions that the subject land is in possession and enjoyment of petitioner herein and that it is being cultivated by the petitioner. Considering the same, this writ petition is disposed of directing the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner over land admeasuring Acs.5.68½ cents out of Acs.7.60 cents situated in Sy.No.174 of Graddagunta village, Alluru mandal, SPSR Nellore district, except by following due process of law. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 7 VS,J W.P.No.13066 of 2019 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 08.09.2026 Gss