Konamakulla Sreenivasulu Vs the State of Ap

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 particularly one in the nature of writ of mandamus to declare the high-handed action of the Respondents in trying to dispossess the 1st Petitioner from land admeasuring Ac.4-00 cents and 2nd Petitioner from land admeasuring Ac.200cents totally admeasuring Ac.6-00 cents situated in Sy. No. 1-1 of Damavaram Village, Dagadarthi Mandal, Nellore District as illegal, arbitrary, violation of Articles 14 and 300 A of the constitution of India and consequently direct the Respondents not to interfere with peaceful possession and

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enjoyment of the the 1st Petitioner from land admeasuring Ac.4-00 cents and 2nd Petitioner from land admeasuring Ac.2-00 cents totally admeasuring Ac.6-00 cents situated in Sy. No. 1-1 of Damavaram Village, Dagadarthi Mandal, Nellore District and pass

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IA NO: 1 OF 2025

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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 Respondents not to interfere with peaceful possession and enjoyment of the the 1st Petitioner from land admeasuring Ac.4-00 cents and 2nd Petitioner from land admeasuring Ac.2-00 cents totally admeasuring Ac.6-00 cents situated in Sy. No. 1-1 of Damavaram Village, Dagadarthi Mandal, Nellore District and pass

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IA NO: 2 OF 2025

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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 receive the Better Affidavit and be treated as part and parcel of the Writ Affidavit and pass

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Counsel for the Petitioner(S):

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1.URIMILA RANI PATRO

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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 respondents in trying to dispossess the 1^st petitioner from the land admeasuring Ac.4.00 cents and the 2^nd petitioner from the land admeasuring Ac.2.00 cents, in total Ac.6.00 cents situated in Sy.No.1-1 of Damavaram Village, Dagadarthi Mandal, Nellore District.

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On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying on the written instructions of the 3^rd respondent dated 05.11.2025, submits that the petitioners have filed extract of the Adangal for fasali 1418, as if it was issued by the VRO concerned. When asked the VRO about the issuance of the extract of the Adangal for fasali 1418, he stated that no Adangal for fasali 1418 is available in the office of the 3^rd respondent and hence, the question of issuance of such Adangal copy does not arise and thus the said Adnagal extract produced by the petitioners is only a fabricated one, which was not issued by the Office of the 3^rd respondent. Similarly, the petitioners have also filed land revenue receipts for the fasali 1438 in terms of the year 2028, as if it was issued by the VRO concerned. The land revenue was waived by the Government in the year 1996. No land revenue is being collected over the dry lands from the year 1996. Hence, the land revenue receipt is also fabricated by the petitioners.

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The Adangal copies and the land revenue receipts produced by the petitioners are not having any evidentiary values. The petitioners are claiming right over the land which was already leased out in the year 1929 by way of granting perpetual lease to the ryots of Damavaram Village, which comes under the alignment of Damavaram New Green Field Airport and is covered under the Civil Suits in O.S.Nos.31/2017 and 48/2017. Encroachment of land by the petitioners which was granted on perpetual lease to the farmers of Damavaram Village will not confer any right over the subject land. Both the perpetual lease holder or their legal heirs and the purchasers of the perpetual lease land have filed 28 suits in O.S.Nos.31/2017, 48/2017 and 4 suits before the learned Principal Junior Civil Judge, Kovur and the learned Senior Civil Judge, Kovur respectively. While so, the petitioners filed the present Writ Petition alleging that the respondents are trying to dispossess them from the land admeasuring Ac.6.00 cents in Sy.No.1/1 of Damavaram Village. In fact, the said extent of Ac.6.00 cents of land is a part and parcel of the perpetual lease land granted to the local farmers of Damavaram Village by the Inamdars in the year 1929, which are covered under the above mentioned Civil Suits in O.S.Nos.31/2017 and 48/2017.

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In view of the above said facts and circumstances and upon consideration of the written instructions of the 3^rd respondent dated 05.11.2025, as the petitioners have not established any prima-facie case in respect of the prayer in the Writ Petition, no relief can be granted to the

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petitioners and accordingly, the Writ Petition is dismissed. There shall be no

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Order as to costs. Interim order, if any, deemed to have been vacated.

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

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JUSTICE B KRISHNA MOHAN

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