Mannala Narayana Vs The State of Andhra Pradesh

ADI ANDHRA PEDDIRAJU, S/O. OBULESU AGED ABOUT 28 YEARS, ALL ARE RESIDING AT GORGEPET, K.K. PALLI COLONY, ANANTHAPUR RURAL MANDAL, ANANTHAPUR DISTRICT.

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...PETITIONER(S)

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AND

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

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THE DISTRICT COLLECTOR, ANANTAPUR. ANANTAPUR DISTRICT.

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THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT.

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THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT.

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...RESPONDENT(S):

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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 toto issue any writ order or orders directions, more particularly one in the nature of writ of Mandamus declaring action of the respondents 2 to 4 without following due process of law and without any notice directed the petitioners to evict from their respective plots situated in Akkam Palli village in survey No.160-2 and Rachana Palli H/o Akkam palli village in Sy.No. 160 at Anantapur Mandal, Anantapur District , is illegal, arbitrary and against the principles of natural justice as well as against the constitutional Law, consequently directing the respondents 2 to 4 not to interfere in the above petition schedule without following due process of law and also be pleased

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IA NO: 1 OF 2020

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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 respondents not to cause any sort of interference or dispossession in the peaceful possession and enjoyment of the their respective plots in petition schedule property situated in Akkam PaIli village in survey No.160-2 and Rachana Palli H/o Akkam palli village in Sy.No. 160 at Anantapur Mandal, Anantapur District pending disposal of the writ petition

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Counsel for the Petitioner(S):

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1.INENI VENKATA PRASAD

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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The Court made the following ORDER:

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Heard the learned counsel for the petitioners, as he appeared virtually and the learned Assistant Government Pleader appearing for the respondents.

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This writ petition was filed questioning the action of the respondent Nos.2 to 4 without following the due process of law and without any notice directed the petitioners to evict from their respective plots situated in Akkampalli Village in Sy.No. 160-2 and Rachana Palli H/o. Akkam Palli village in Sy.No.160 at Anantapur Mandal, Anantapur District.

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On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4^th respondent dated 15.07.2025 submits that the land in Sy.No.160 to an extent of Ac.8.27 cents of Rachanapalli Village was classified as “Ralla Gutta”, Government Poramboke as per the re-settlement Register of the village. In the year 2011, house site pattas were granted to the houseless poor people vide H.S.Dis. No.92/1421, dated 10.11.2011. When they have not occupied the house site pattas allotted to them keeping them vacant and as the allottees violated the patta conditions, with a view to cancel and resume the land to the Government, after due process, the Revenue Divisional Officer, Ananthapuramu, has passed orders vide Rc.No.B/47/2020, dated 31.01.2020, addressed to the Tahsildar, Ananthapuramu for cancellation of the said house site pattas, under BSO 21, Paragraph 7, Clause II and IV and G.O.Ms.No.898 Revenue (Assignment-I)

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Department, dated 12.07.2006. Accordingly, the then Tahsildar,

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Ananthapuramu has cancelled the house site pattas and resumed it to the Government. Hence, the petitioners filed the present Writ Petition.

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There is an interim direction dated 05.03.2020, “not to dispossess the petitioners from their respective plots in Sy.No.160-2 of Akkampalli Village and Sy.No.160 of Rachanapalli Village, Anantapur Mandal and District”.

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The interim Order is dated 05.03.2020, but the then Tahsildar granted D-patta to one Sri D. Madan Mohan, S/o. D. Bala Subbamma vide proceedings DAR.Dis.No.79/1416, dated 07.04.2007.

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She further submits that the petitioners are not in possession of the subject lands as they have sold away to one Sri C. Linga Reddy, who purchased the subject land under vide Registered document No.4329/2021, dated 07.04.2021 in Sy.No.160-2 for an extent of 2.25 acres. At present, his name was entered in the web land adangal vide Khata No.963 of Rachanapalli Village, Ananthapuramu Rural Mandal. He also filed W.P.No.37727 of 2022, wherein, there is an interim order.

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In view of the above said facts and circumstances, as the petitioners violated the conditions of assignment by selling the same to Sri C. Linga Reddy, not in possession of the subject lands and the resumption orders are passed by the above said revenue authorities, no relief can be granted in this Writ Petition expect dismissing the same.

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