APHC010318002022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 19053/2022 Between:

1. S MT.S.GOVINDAMMA, W/O SELVAM, AGE 49 YEARS, OCC COOLIE, R/O H.NO.3-37, KANAMAPACHARLAPALLE VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.

2. T HE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR.

3. T HE REVENUE DIVISIONAL OFFICER, KUPPAM REVENUE DIVISION, KUPPAM, CHITTOOR DISTRICT.

4. T HE TAHSILDAR, KUPPAM MANDAL AT KUPPAM, CHITTOOR DISTRICT. RESPONDENTS.

...RESPONDENT(S):

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 declaring the action of the respondents in trying to disposses the petitioner from the land an extent of Ac.03-50 cents out of Ac.10-50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents not to disposses the petitioner from the land to an extent of Ac.03-50 cents out of Ac.10-50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, except due process of law and to pass IA NO: 1 OF 2022 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 respondent not to disposses the petitioner from the land to an extent of A..03-50 cents out of Ac.10-50 cents in Sy.No.67, situated at Kanamapacharlapalle Village, Kuppam Mandal, Chittoor District, abruptly without following the due process of law, pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 vacate the interim order order dated 07.07.2022 in W.P.No.19053 of 2022 and also dismiss the writ petition and pass Counsel for the Petitioner:

1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following Order:

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

2. This writ petition was filed questioning the action of the respondents in trying to dispossess the petitioner from the land to an extent of Ac.3.50 cents out of Ac.10.50 cents in Sy.No.67 situated at Kanamapacharlapalle village, Kuppam Mandal, Chittoor District.

3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4^th respondent submits that, originally the land in Sy.No.67 in an extent of Ac.10.50 cents is purely classified as government poramboke as per fair adangal records of the Kanamapacharlapalle Village. On verification of FMB and fair adangal records, it is noticed that, no sub divisions were recorded and no change of classification is recorded in the land in Sy.No.67 of Kanamapacharlapalle village. As per the webland the land in Sy.No.67 with an extent of Ac.10.50 cents denoted as Government land and on field enquiry it is noticed that, the present petitioner constructed a shed in an extent of Ac.0.04 cents of land in Sy.No.67 of Kanamapacharlapalle village, Kuppam mandal, Except the shed, she does not have any encroachment/ possession of the land in Sy.No.67 of the said village, particularly as claimed to an extent of Ac.3.50 cents in the said survey number. There are other encroachments in the subject land by the relatives of the petitioner and others. The re