Koruprolu Simhachalam, Vs The State of Andhra Pradesh

KORUPROLU SIMHACHALAM,, S/O.MARIDAYYA, HINDU, AGED 59 YEARS, DOOR NO.13-28, RAMANNAPALEM VILLAGEBHEEMABOINAPALEMHAMLET, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522237

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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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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 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

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2

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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 Adigarla Prasad, South Lagudu Sathibabu 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 t 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 Adigarla Prasad, South Lagudu Sathibabu in Tamaram village, Makavarapalem Mandal, Anakapalli District.

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IA NO: 1 OF 2026

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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 Interim Orders of Direction directing the direct the Respondent no.2 to 4 not t 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: Adigarla Prasad, South: Lagudu Sathibabu in Tamaram village, Makavarapalem Mandal, Anakapalli District., pending disposal of Writ Petition

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Counsel for the Petitioner:

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1.P NANILU NAIDU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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3

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The Court made the following Order:

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

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This writ petition was filed questioning the action of the respondent Nos.2 to 4 in interfering and trying to dispossess the petitioner from his peaceful possession and enjoyment of the petitioner’s schedule property without issuing any notice to the petitioner and without following the due process of law in respect of the land existing in Sy.No.73-5 in an extent of Ac.0.81 cents bounded by East: Road, West: Gedda, North: Adigarla Prasad, South: Lagudu Sathibabu in Tamaram Village, Makavarapalem Mandal, Anakapalli District.

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The learned counsel for the petitioner submits that, in spite of directions of this Hon’ble Court in W.P. No.24102 of 2023 dated 21.09.2023, the petitioner’s representation dated 17.07.2023 is not considered so far.

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On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3^rd respondent submits that, as per the record, the subject land situated in Sy.No.73-5 of Tamaram Village, Makavarapalem Mandal, Anakapalli District is classified as government land (Anadheena punja Gayalu) with an extent of Ac.5.83 cents. The petitioner has encroached some extent of the land and the extent of encroachment shall be measured by taking further steps in the

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4

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matter to take action under the provisions of Land Encroachment Act, 1905 by issuing notice to the petitioner. The petitioner deliberately claiming the patta for the encroached land without any issuance of assignment. He filed the writ petition by suppressing the facts.

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In view of the above said facts and circumstances and upon consideration of the rival submissions made, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.0.81 cents in Sy.No.73-5 of Tamaram Village, Makavarapalem Mandal, Anakapalli District strictly in accordance with law if so warranted for any public purpose. If the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned including the petitioner giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession shall not be made except by following the due process of law. The written instructions shall be made as part of the court record.

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

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As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

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_________________________ JUSTICE B KRISHNA MOHAN

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22.01.2026 NNN

Koruprolu Simhachalam, v. The State of Andhra Pradesh

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Koruprolu Simhachalam, v. The State of Andhra Pradesh

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