S Abdul Jaleel Vs the Union of India

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APHC010149652026

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[3207]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 8297/2026

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Between:

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S ABDUL JALEEL, S/O S.MAHAMMAD HUSSAIN AGED 42 YEARS, OCC PETTY BUSINESS R/O 4-421 A, GUNTAKAL, ANANTAPUR DISTRICT - 515801

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SHAIK SHABBEER, S/O S.MAHAMMAD HUSSAIN AGED 37 YEARS, OCC PETTY BUSINESS R/O 4-445, GUNTAKAL, ANANTAPUR DISTRICT - 515801

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S.MAHAMMAD HUSSAIN, S/O SHAIKSHAVALI AGED 66 YEARS, OCC PETTY BUSINESS R/O 4-445, GUNTAKAL, ANANTAPUR DISTRICT - 515801

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...PETITIONER(S)

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AND

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THE UNION OF INDIA, REP BY THE SECRETARY, MINISTRY OF RAILWAYS RAILWAY BHAVAN, CENTRAL SECRETARIAT, NEW DELHI 110001

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THE SOUTH CENTRAL RAILWAY, REP BY IT'S GENERAL MANAGER RAIL NILAYAM, SECUNDRABAD, TELANGANA - 500025

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THE SOUTH CENTRAL RAILWAY, REP BY IT'S DIVISIONAL RAILWAY MANAGER GUNTAKAL DIVISION, GUNTAKAL 515801

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THE SOUTH CENTRAL RAILWAY, REP BY IT'S ESTATE MANAGER, WORKS BRANCH GUNTAKAL DIVISION, GUNTAKAL 515801

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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 nature of Writ of Mandamus declaring the action on the part of the Respondents 3 and 4 in making efforts to evict Petitioners from their Open Housing Plot admeasuring approximately an extent of 12 X lOSquare Feet in Survey No.l46-E situated at near Sports Pavilion Ground, Guntakal, Anantapur District claiming same belongs to South Central Railways without taking in to account Possession Certificate 22.11.1992 issued by the competent Revenue Officials as illegal, arbitrary, against principles of natural justice and consequently direct the Respondents 3 and 4 to not to dispossess the Petitioners from their Open Housing Plot admeasuring approximately an extent of 12 X 10 Square Feet in Survey No.146-E situated at near Sports Pavilion Ground, Guntakal, Anantapur District and to pass

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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 direct the Respondents 3 and 4 to not to dispossess the Petitioners from their Open Housing Plot admeasuring approximately an extent of 12 X 10 Square Feet in Survey No.146-E situated at near Sports Pavilion Ground, Guntakal, Anantapur District and to pass

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Counsel for the Petitioner(S):

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1.BURLA SIVA RAMA KRISHNA

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Counsel for the Respondent(S):

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1.DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL)

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The Court made the following:

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THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.8297 of 2026

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ORDER:

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Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material available on record.

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Learned counsel for the petitioners submits that he is running a

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small shop to sell fruits on a land to an extent of 12 x 10 Sq. feet in Survey No.146-E of Thimmanapalli Village, Guntakal.

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The Mandal Revenue Officer, Guntakal also issued Possession Certificate dated 22.11.1992. Now, the respondent Railway Authorities are taking steps to evict the petitioner from the said property.

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On the other hand, learned Standing Counsel for Railways submits that the said land is Railway land and to evict the petitioner from the said land, they initiated proceedings by following due process of law. Learned Standing Counsel also submits that the respondents issued notice, dated 12.12.2025 to the petitioner and he submitted his explanation.

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Having considered the submissions of the respective counsel and

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on careful perusal of the material available on record, it appears that there is some discrepancy with regard to the property involved in the present case. Possession certificate issued by Tahsildar, Guntakal in favour of the petitioner

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for the land to an extent of 12 x 10 Sq. feet in Survey No.146-E of Thimmanapalli Village, Guntakal Mandal. The property mentioned in the

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notice issued by the respondent Authorities is pertaining to an extent of 28.52 square meters in Survey No.146-A with temporary structure, which is located at Sports Pavilion Ground, Guntakal. However, on perusal of the notice, dated 12.12.2025 issued by the respondents and an explanation submitted by the petitioner dated 16.02.2026, it appears that an issue is under the consideration before the respondent Authorities.

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Under these circumstances, in our considered view, it is appropriate and reasonable to dispose of this writ petition without going into the merits of the case, instead of keeping pending this writ petition for years together, with a direction to the respondents not to dispossess the petitioner from the land to an extent of 12 x 10 sq. feet in Survey No.146-E of Thimmanapalli Village, Guntakal Mandal, without following due process of law, to meet the interest of justice.

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In view of the above, this Writ Petition is disposed of with the following directions.

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i). The respondent Nos.3 and 4 shall take the assistance of the Tahsildar, Guntakal Mandal to ascertain the land mentioned in the Possession Certificate issued by them on 22.11.1992 and take decision by following due process of law.

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ii). Till then, the respondents are restrained from taking any steps to dispossess the petitioner from the said land.

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