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2026 Supreme(AP) 165
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B. Krishna Mohan, J.
Mekala Srinivasulu, S/O Late M. Govindu - Petitioner
Versus
The State Of AP, Rep. By Principal Secretary, Revenue Department - Respondent
Writ Petition No: 21028 of 2024
Decided On : 22-01-2026
For the Petitioner: R Kambagiri Raju
For the Respondent: GP For Revenue, GP For Municipal Admn. Urban Dev, GP For Registration And Stamps
Petitioner failed to demonstrate legal entitlement or ownership over lands classified as government property, leading to dismissal of the writ petition.
Headnote:(A) Andhra Pradesh Dotted Lands (upgradation in Re-Settlement Register) Act, 2017 - Registration Act, 1908 - Writ petition questioning the prohibition of certain lands as dotted lands - Respondents state that the lands are classified as 'Banjaru' and belong to the Government; petitioner holds no entitlement - The request was rejected based on non-possession and enjoyment, with no pattadar passbooks issued - Pertinent classification and declassification procedures under the applicable laws were reviewed. (Paras 3 to 5)
(B) Legal standing and entitlement - Court underscores that merely making a claim does not confer rights; petitioner lacked documentation to support ownership and failed to demonstrate entitlement to relief - Burden of proof lies with the claimant. (Paras 6 and 7)
Facts of the case:
The petitioner challenged the inclusion of certain lands in a prohibited list, asserting a flow of title. The lands were found to be classified as 'Banjaru', belonging to the Government, and had no record showing the petitioner's entitlement.
Findings of Court:
The petitioner did not establish any right over the lands in question, and the Court dismissed the writ petition.
Issues: Primary issues involved whether the petitioner had any rights or ownership over the classified lands.
Ratio Decidendi: The court reasoned that the absence of proof of title and lack of entitlement to the lands justified the rejection of the petition.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. land classification and ownership rights. (Para 2 , 3) |
| 2. legal status of land per revenue records. (Para 4) |
| 3. assessment of the petitioner's claims. (Para 5 , 6) |
| 4. writ petition dismissal and costs. (Para 7) |
ORDER :
B.Krishna Mohan, J.
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 6 and Sri Gudapati Lakshmi Narayana, the learned Standing Counsel for the 7th respondent.
2. This writ petition was filed questioning the action of the respondent Nos.2 to 5 in inserting the lands in Sy.No.445-B, to an extent of Ac.00.42 cents and in Sy.No.446-A, to an extent of Ac.00.92 cents (total Ac.01.34 cents) situated at Guntakal Village & Mandal, Ananthapuramu District in the prohibited list showing the same as dotted land without considering their flow of title.
3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4th respondent submits that the details of the land as per the RSR of Guntakal Village is as under:
| Sl.No. | Name of the Village | Survey No. | Total Extent | Land nature & Classification | Name of the Pattadar as per Revenue Record | Present on ground status possession and enjoyment |
| 1 | Guntakal | 445-B | 0.28 | BANJARU | Banjaru | Sri Jagad guru Panditharadhya High School Indore stadium & Government Jr. College |
| 2 | 446-A | 1.34 |
There are no dotted lands in Guntakal Revenue Village, but the petitioner is seeking to record his name in the web land. The Educational Institutes are already in existence in the above said lands as shown in the table. Hence, it is not possible to record the name of the individual in the Revenue Records. The petitioner's father is not the absolute owner of the lands in Sy.No.445-B to an extent of Ac.0.42 cents and Sy.No.446-A to an extent of Ac.0.92 cents, in total Ac.1.34 cents situated at Guntakal Village and Mandal, Anantapuramu District. The lands were never under possession and enjoyment of either the petitioner or his father and no pattadar passbooks were issued in favour of them. As per the RSR, the subject lands are classified as Banjaru land belonging to the Government, but not dotted lands. Hence, the said lands are not attracted under the provisions of Andhra Pradesh Dotted Lands (upgradation in Re-Settlement Register) Act, 2017.
4. The said property was registered on 06.08.1965 in favour of the Municipal Council of the Andhra Pradesh Town Planning Act, 1920. As per the Encumbrance Certificate, there are no sale transactions taken place till date. The diglot contains 13 columns only and in the 13th column of the diglot it is mentioned as Banjaru against the scheduled lands instead of dots. Hence, the request of the petitioner cannot be considered under the Andhra Pradesh Dotted Land Act, 2017. It is mentioned manually in the RSR that the Sy.No.445-B to an extent of Ac.0.28 cents and Sy.No.446-A to an extent of Ac.1.34 cents are related to “S.J.P. Municipal High School”. In the web land adangal, the schedule lands are shown as “Banjaru”. Since the schedule lands are under the control of S.J.P. Municipal High School as per the entries made in the RSR of Guntakal Village, the petitioner's request cannot be considered under the AP Dotted Lands Act, 2017 as the said lands are kept under the prohibited list. The petitioner made an application on 13.09.2017 in Form-3 and it cannot be considered for the reasons stated above. However, in pursuance of the orders of the erstwhile High Court in W.P.No.12177 of 2018 dated 11.04.2018, the District Level Committee, examined the claim of the petitioner dated 28.05.2019 and the same was rejected on the ground that the subject land is not classified as dotted lands as per the revenue records i.e., Re-Settlement Register/diglot. The said rejection order dated 28.07.2019 was communicated to the petitioner by way of an endorsement.
5. The petitioner is not having any right over the lands by way of registration or assignment as the Sy.No.445/B is classified
