Koruprolu Naidu Vs the State of Ap

KORUPROLU NAIDU, S/O.MARIDAYYA, AGED 29 YEARS, DOOR NO. 13-28, RAMANNAPALEM VILLAGE, BHEEMABOINAPALEM HAMLET, MAKAVARAPALEMMANDAL, ANAKAPALLI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF AP, REP BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522237 2.

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THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT.531001

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THE TAHSILDAR, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT.531113

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THE VILLAGE REVENUE OFFICE, TAMARAM VILLAGE, MAKAVARAPALEM MANDAL, ANAKAPALLI DISTRICT.531113

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...RESPONDENT(S):

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The Court made the following ORDER:

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1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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<to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of Respondent No.2 to 4 in interfering and trying to dispossess the petitioner form his peaceful possession and enjoyment of the petitioners schedule property without issuing any notice to the petitioners and without following the due process of law in respect of the land existing in Sy.No.73-5 of extent of Ac.o.81 cents bounded by East Road West Gedda, North Kachala Parvathi, South House Sites in Tamaram village, Makavarapalem Mandal, Anakapalli District as illegal, arbitrary, unlawful, and violations of principles of Articles 14,19, and 300 A of the Constitution of India and consequently direct the Respondent no.2 to 4 not dispossess the petitioners from his peaceful possession and enjoyment of the property in respect of land in Sy.No.73-5 of extent of Ac.0.81 cents bounded by East Road West Gedda, North Kachala Parvathi, South House Sites in Tamaram village, Makavarapalem Mandal, Anakapalli District., and pass…..=

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

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The learned counsel for the petitioner submits that Respondent Nos.2 to 4 are illegally interfering with and attempting to dispossess the petitioner from his peaceful possession and enjoyment of the subject schedule property, situated in Sy.No.73-5, admeasuring Ac.0.81 cents, bounded by East: Road, West: Gedda, North: Kachala Parvathi, and South: House Sites, at Tamaram Village, Makavarapalem Mandal,

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Anakapalli District, without issuing any notice to the petitioner and without following the due process of law, and that such action is illegal, arbitrary, and violative of the principles of natural justice.

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On the other hand the learned Government Pleader for the respondents furnished the written instructions dated 07.01.2026 issued by the Tahsildar/3^rd respondent wherein it is stated that:-

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As per Revenue records, the subject land situated in Sy.No. 73-5 of Tamaram village of Makavarapalem Mandal is classified as Government Land (Anadheena punja Gayalu) with an extent of Ac.5.83 cents.It is observed that, the petitioners have encroached some extent of land and it is to measure the extent of encroachment and further steps will be taken under the provisions of Land Encroachment Act 1905 by issuing notices to the petitioners, after noticed the extent in which petitioners are encroached. The Petitioners wantedly claiming the pattas for the enchroached land without any proof of enjoyment in Revenue records. They filed this Writ Petition by suppressing the facts and to harass the Revenue Officials by occupying Government Lands. The petitioners have no iota of right over the subject land to get pattas for the subject land or to question the action of the Government Officials in this case.

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Considering the aforesaid submissions and the written instructions placed on record by the respondents, this Court is of the considered view that the writ petition can be disposed of by directing the respondents not to dispossess the petitioner from the subject property except by following the due process of law. However, liberty is granted to the respondents to take appropriate action, if the petitioner is

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found to be in encroachment, strictly in accordance with law, after issuing due notice to the petitioner, affording an opportunity of hearing, and by passing reasoned orders under the provisions of the Andhra Pradesh Land Encroachment Act, 1905.

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