Mullu Kodi Naidu, Vs The State of Andhra Pradesh

MULLU CHINNAM NAIDU,, S/O. LATE THIRUPATHI NAIDU ALIAS TIPIRI NAIDU, AGED ABOUT 76 YEARS, R/O. KOTTAKKI VILLAGE, RAMABHADRAPURAM MANDAL, VIZIANAGARAM DISTRICT.

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MULLU (MARISI) PARAMMA,, D/O. LATE POLI NAIDU, AGED ABOUT 65 YEARS, R/ O. KOTTAKKI VILLAGE, RAMABHADRAPURAM MANDAL, VIZIANAGARAM 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, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRAPRADESH.

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THE DISTRICT COLLECTOR, VIZIZNAGARAM DISTRICT, VIZIANAGARAM.

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THE SUBCOLLECTOR / REVENUE DIVISIONAL OFFICER, PARVATHIPURAM, VIZIANAGARAM DISTRICT.

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THE THASILDAR, RAMABHADRAPURAM MANDAL, RAMABHADRAPURAM, VIZIANAGARAMDISREICT.

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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 topleased to issue an appropriate writ, order or direction, more

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particularly one in the nature of writ of Mandamus, declaring the action of the Respondent. No.4 Thasildar at the instructions of the Respondents No. 2 to 3 in trying to disposes the petitioners from the agricultural landed property admeasuring a total extent of Ac. 10.27 Cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No. 475, 476 and 479 covered by the proceedings of the settlement officer, Visakhapatnam issued in SR. 15(1)17/ 14/72SKL, Dt. 08.12.1972 as ex-facie illegal, arbitrary, against the principles of natural justice, unreasonable and violation of the fundamental rights guaranteed to the petitioner under Articles 14, 21 and 300-A of the Constitution of India and to grant

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IA NO: 1 OF 2021

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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 pleased to direct the 4th respondent Thasildar, Ramabhadrapuram mandal, Vizianagarm and his officials not to dispossess the petitioners from the landed property admeasuring a total extent of Ac. 10.27 Cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No. 475, 476 and 479 covered by the proceedings of the settlement officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, Dt: 08.12.1972 pending disposal of the Writ petition, and to pass

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IA NO: 1 OF 2024

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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 pleased to grant leave to the petitioner herein/Respondent No.4 in the W.P.No.23116 of 2021 to file counter affidavit in the above Writ Petition and pass

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Counsel for the Petitioner(S):

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1.GORLE GOPALAKRISHNA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following ORDER:

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

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This Writ Petition was filed questioning the action of the 4^th respondent Tahsildar at the instructions of the respondent Nos.2 and 3 in trying to dispossess the petitioners from the agricultural landed property admeasuring a total extent of Ac.10.27 cents, situated in Kottakki Village, Ramabhadrapuram Mandal, Vizianagaram District in Sy.No.475, 476 and 479 covered by the proceedings of the Settlement Officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, dated 08.12.1972.

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The learned counsel for the petitioners submits that with respect to the subject lands, the 4^th respondent has not implemented the proceedings of the Settlement Officer in SR. 15(1)17/14/72SKL, dated 08.12.1972.

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On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter-affidavit of the 4^th respondent submits that Kottakki Village of Ramabhadrapuram Mandal was an estate Village taken over by the Government and Survey and Settlements were conducted and Settlement Fair Adangal was introduced long back. As per the Settlement Fair Adangal, the land in Sy.No.475-10 admeasuring Ac.1.50 cents was recorded as the Government land and it was subsequently allotted to Lorry Owners Association. In Sy.No.476 to an extent of Ac.4.96 cents was recorded as Mullavani Banda Government land. In Sy.No.479-2 an extent of Ac.1.10 cents was recorded as Gorja Poramboke. The petitioners

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are not in possession and enjoyment of the subject lands. Hence, the question of threatening to dispossess the petitioners does not arise.

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5. The petitioners relied upon the orders of the Settlement Officer,

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Visakhapatnam in SR. 15(1)17/14/72SKL, dated 08.12.1972 for the following

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lands in Kottakki Village of Ramabhadrapuram Mandal:

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Sy.No.	Extent	Classification
475 Part	1.54	Wet/Dry
476 Part	4.96	Wet
479 Part	3.67	Wet/Dry

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6. After implementation of the above said orders, the above lands are

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recorded in the Settlement Fair Adangal of Kottakki Village as detailed below:

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Sy.No.	Extent	Classifi cation	Patta. No.	Pattadar
475-1	0.16 Cents	Dry	1019	Mullu Tirupathi Naidu S/o. Naidu	Chinnam
475-2	0.40 Cents	Wet	1019	Mullu Tirupathi Naidu S/o. Naidu	Chinnam
475-3	0.20 Cents	Wet	1027	Mullu Polinaidu S/o. Podina	idu
475-4	0.25 Cents	Wet	1026	Mullu Rami Naidu S/o. Naidu	Kannam
475-5	0.19 Cents	Wet	478	Karanam Appanna S/o. App	anna
475-6	0.15 Cents	Wet	1019	Mullu Tirupathi Naidu S/o. Naidu	Chinnam
475-7	0.17 Cents	Wet	1026	Mullu Rami Naidu S/o. Naidu	Kannam
475-8	0.13 Cents	Wet	1019	Mullu Turupathi Naidu S/o. Naidu	Chinnam
475-9	0.12 Cents	Wet	1026	Mullu Rami Naidu S/o. Naidu	Kannam
475-10	Ac 4.20 Cents	AWD	-	Gayalu
475-11	0.48 Cents	Dry	1756	Vasanthula Sathyam S/o. A	ppanna
475-12	1.00 Cents	Dry	1540	SamireddyAppanna S/o. R	amana
475-13	0.54 Cents	Dry	106	Bontalakoti Sivudu S/o. Mar	anna
475-14	0.62 Cents	Dry	1792	1. Vasanthula Sathy Appadu 2. Paidithalli S/o. Narayana	am S/o. Surya
475-15	0.88 Cents	Dry	1758	Vasanthula Sivudu S/o. App	ayya
475-16	0.40 Cents	Dry	106	Bontalakoti Sivudu S/o. Mar	anna

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475-17	0.40 Cents	Dry		Appikonda Pedda Appalaswamy S/o. Laxmi Naidu
476	Ac. 4.96 Cents	Poramb hoge	-	Mullu Vani cheruvu
479-1	0.22 Cents	Dry	558	Karanam Chinnayya S/o. Latchayya
479-2	Ac 1.10 Cents	Poramb hoge	-	Gorja
479-3	0.22Cents	Dry	1026	Mullu Rami Naidu
479-4	0.21 Cents	Dry	1027	Mullu Polinaidu
479-5	0.50 Cents	Dry	1801	Yavarna Appayya
479-6	0.39 Cents	Dry	1026	MulluRami Naidu
479-7	0.80 Cents	Dry	1027	Mullu Polinaidu
479-8	0.36 Cents	Dry	1026	Mullu Rami Naidu
479-9	0.64 Cents	Dry	1820	Yavarna Appayya
479-10	0.49 Cents	Dry	1027	Mullu Polinaidu
479-11	0.50 Cents	Dry	1026	Mullu Rami Naidu
479-12	0.10 Cents	Dry	1822	Yavarna Appayya
479-13	0.90 Cents	AWD	-	Gayalu

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Hence, the orders of the Settlement Officer, Visakhapatnam in SR. 15(1)17/14/72SKL, dated 08.12.1972 have been incorporated in the Settlement Fair Adangal of Kottakki Village. According to it, the land in Sy.No.476 admeasuring Ac.4.96 cents was recorded as Government land in which the petitioners are not in possession and enjoyment of the same. The land in Sy.No.479-2 measuring Ac.1.10 cents was also classified as Government Land Gorja Poramboke, which is also not in possession and enjoyment of the petitioners. The Sy.No.475-10 admeasuring Ac.4.20 cents was recorded as AWD, in which the petitioners are also not in possession and enjoyment of same. In total, the petitioners are not in possession and enjoyment of the subject lands as claimed by them.

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In view of the above said facts and circumstances, as the land in an extent of Ac.4.20 cents in Sy.No.475-10 was shown as Gayalu, an extent of Ac.4.96 cents in Sy.No.476 was shown as Poramboke/Mullu Vani Cheruvu and an extent of Ac.1.10 cents in Sy.No.479-2 was shown as Gorja/

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Poramboke as per the Settlement Fair Adangal of Kottakki Village of Ramabhadrapuram Mandal on implementation of the orders of the Settlement Officer, Visakhapatnam issued in SR. 15(1)17/14/72SKL, dated 08.12.1972 which is also relied upon by the petitioners and as the claim of the petitioners is not established over the subject lands as contended by them, no relief can be granted to the petitioners and accordingly, the Writ Petition is dismissed. However, it is open for the petitioners to approach the authority concerned with a representation enclosing all the necessary documents in support of their claim, and the same shall be dealt with, in accordance with law. Interim order, if any, deemed to have been vacated. There shall be no order as to costs.

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

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JUSTICE B KRISHNA MOHAN

06.01.2026 SCH

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