APHC010293542024 IN THE HIGH COURT OF ANDHRA PRADESH [3208]

AT AMARAVATI (Special Original Jurisdiction)

MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 14709/2024 Between:

1. B ANTUPALLI VENKATA RAMANA, S/O. KRISHNA RAO, AGED 31 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. 1-201, SEGIDIVEEDHI, PEDDATULUGU, THULUGU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT

2. T HE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM, SRIKAKULAM DISTRICT.

3. T HE REVENUE DIVISIONAL OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT.

4. T HE TAHSILDAR, GARA MANDAL SRIKAKULAM DISTRICT

5. T HE VILLAGE REVENUE OFFICER, TULUGU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT

6. T HE TULUGU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TULUGU VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner: 1. N B CHANDRA SEKHAR Counsel for the Respondent(S):

1. GP FOR REVENUE

2. Y KOTESWARA RAO The Court made the following:

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.14709 of 2024

ORDER:

The present writ petition is filed seeking the following relief:

“….to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in obstructing the construction of house in land of the petitioner for an extent of 233.333 Sq.Yds (195.066 Sq.Mts.,) in Sy.No.156-2 situated at Tulugu Panchayat and Revenue Village, Gara Mandal of Srikakulam District by the respondent authorities under the guise of the Gramakantam land without issuance of notice without following procedure in pursuant to the Endorsement vide L.P.No.177/223A dated 24-04-2023 issued by the 4^th respondent without any jurisdiction as law laid down in Bayya Mahadeva Sastry and Others Vs state of AP and others, 2020 (4) ALT 250 (S.B.) of this Hon'ble Court and contrary to law as illegal, arbitrary, Capricious and violation of principles of natural justice apart from violation of Article 300A and 21 of Constitution of India and consequently direct the respondents to withdraw the said Endorsement forthwith….”

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

3. The contention of the learned counsel for the petitioner is that by virtue of the endorsement dated 24.04.2023, the respondents have conducted a survey and identified the land according to the document No.7738/2021 in Survey No.156-2 and stated that the part of the land is classified as Grama Kantam land.

4. Respondent No.4 filed a counter affidavit. According to the counter, a report has been sent to the Revenue Divisional Officer on 09.07.2024 stating that the land is pertaining to Grama Kantam and made a request to forward the same to the District Panchayat Officer, Srikakulam and take appropriate action and the respondent authorities are not interfering and they are not dispossessing the petitioner.

5. Considering the said submissions, when the respondents are not interfering with the subject land, if the Gram Panchayat has initiated any proceedings, liberty is granted to the petitioner to assail the same before the appropriate forum.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________ JUSTICE D.RAMESH Date: 05.01.2026 Ivd THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.14709 of 2024 Dated: 05.01.2026 Ivd