K Padmavathi Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

K Padmavathi Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of with directions to respondents 2 to 4 to protect the water body in Sy.No.509 and remove encroachments in accordance with law, and to proceed against the petitioner's claimed possession in Sy.No.509 only through due process with opportunity of hearing; interim order, if any, deemed vacated; no costs; pending interlocutory applications closed.

Issue for consideration

Whether the action of the 4th respondent in attempting to dispossess the petitioner from Ac.2-00 cents in Sy.508 and Ac.1-00 cents in Sy.No.509 at Kuderu Village and Mandal, Ananthapuramu District, and allotting the subject land to third parties for house sites, without issuing any notice or following any procedure under law, is illegal and arbitrary. +1 more

Court's answer

On the land claimed by the petitioner in Sy.No.509 (Ac.1.00 cents), respondents 2 to 4 must follow due process: if the petitioner is otherwise found in possession of the same, she shall be evicted in accordance with law by giving due opportunity of hearing to all parties concerned including the petitioner, and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits.

Ratio / Principle

Respondent Nos.2 to 4 were directed to protect the water body in Sy.No.509 at Kuderu Village and Mandal, Ananthapuramu District, in its total extent, by removing encroachments, if any, in accordance with law.

Key takeaways

It is the duty of the respondents to protect water bodies by all means, avoiding encroachments and illegal possessions in water bodies.ratio¶33

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Justice B Krishna Mohan), W.P. No. 4300/2020, decided 22.09.2025 — Writ petition under Article 226 seeking mandamus against the Tahsildar's attempt to dispossess the petitioner from Ac.2-00 cents in Sy.508 and Ac.1-00 cents in Sy.No.509 at Kuderu Village and Mandal, Ananthapuramu District, and to allot the subject land to third parties for house sites without notice or procedure. Per the Tahsildar's written instructions dated 20.08.2025, Sy.No.508-1 (Ac.2.00 cents) stood in the petitioner's name vide IB No.1765 as Government dry patta land, while Sy.No.509 (Ac.23.44 cents) was classified as Government poramboke 'vagu' per the R.S.R. of Kuderu Village — an inalienable water body not assignable under the Andhra Pradesh Board Standing Orders and Land Assignment Rules, the petitioner's claimed Ac.1.00 cents being an encroachment. The Court directed respondents 2 to 4 to protect the water body in Sy.No.509 in its total extent by removing encroachments in accordance with law, affirmed their duty to protect water bodies against encroachment and illegal possession, and ordered that if the petitioner is found in possession of the claimed Ac.1.00 cents, eviction shall occur only in accordance with law after due opportunity of hearing, with decisions on verified records on their own merits. Writ petition disposed of; interim order deemed vacated; no costs; IAs closed.

[3233]

APHC010072292020

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 4300/2020

Between:

K PADMAVATHI, W/O. K. DHANUNJAYA, AGED 61 YEARS, RIO. H.NO.1-7A, NEAR ANJANEYA TEMPLE, KUDERU, ANANTHAPURAMU DISTRICT.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRCT.

THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DISTRICT.

THE THASILDAR, KUDERU MANDAL, ANANTHAPURAMU 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 tobe pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring the action of the 4th respondent in attempting to dispossess the petitioner from the land in Sy.508 to an extent of Ac.2-00 cents and in Sy.No.509 to an Extent of Ac.1-00 cents situated at Kuderu Village and Mandal, Ananthapuramu District and also trying to allot the subject land in favour of third parties for the purpose of providing house sites without issuing any notice, without following any procedure under law as illegal and arbitrary and consequently direct the respondents 2 to 4 not to dispossess the petitioner from the land in question

IA NO: 1 OF 2020

2

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 direct the respondents 2 to 4 not to dispossess the petitioner from the land in Sy.508 to an extent of Ac.2-00 cents and in Sy.No.509 to an Extent of Ac.1-00 cents situated at Kuderu Village and Mandal, Ananthapuramu District by restraining the 4th respondent from allotting_ the subject land in favour of some third parties, pending disposal of the writ petition

Counsel for the Petitioner:

1.KATA SAMBASIVA RAO

Counsel for the Respondent(S):

1.GP FOR REVENUE (AP)

3

The Court made the following ORDER:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents.

This writ petition was filed questioning the action of the 4^th respondent in attempting to dispossess the petitioner from the land in Sy.No.508 to an extent of Ac.2.00 cents and in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District and also trying to allot the subject lands in favour of the third parties without issuing any notice and without following any procedure.

On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4^th respondent dated 20.08.2025 submits that the land in an extent of Ac.9.54 cents is classified as Government dry patta land and as per the web land portal in the said Sy.No.508-1 an extent of Ac.2.00 cents stands in the name of the petitioner vide IB No.1765. The land in an extent of Ac.23.44 cents in Sy.No.509 is classified as Government poramboke <vagu= as per the R.S.R. of Kuderu Village. The portion of it in an extent of Ac.1.00 cents is claimed by the petitioner as part of the Sy.No.509. Since it is a water body, it is inalienable Government property and not assignable as per the Andhra Pradesh Board Standing Orders and land Assignment Rules.

The petitioner’s possession, if any, in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District is illegal and nothing but an encroachment.

4

In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to protect the water body in Sy.No.509 situated at Kuderu Village and Mandal, Ananthapuramu District, by removing the encroachments, if any, in its total extent in accordance with law. It is the duty of the respondents to protect the water bodies by all means avoiding the encroachments and illegal possessions in water bodies. For which, the respondent Nos.2 to 4 are directed to take steps to protect the land claimed by the petitioner in Sy.No.509 to an extent of Ac.1.00 cents situated at Kuderu Village and Mandal, Ananthapuramu District by following the due process, if the petitioner is otherwise found to be in possession of the same, she shall be evicted in accordance with law by giving due opportunity of hearing to all the parties concerned including the petitioner and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. The written instructions are made as part of the Court Bundle.

Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

JUSTICE B KRISHNA MOHAN

22.09.2025 SCH

5

167

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

W.P.No.4300 of 2020

Date: 22.09.2025

SCH