APHC010127242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 7551/2022 Between:

1. KONNA RAMA RAO, S/O LATE NARASAYYA AGED ABOUT

70 YEARS OCC- RTD (VRO) R/O BODDAM VILLAGE, RAJAM MANDAL SRIKAKULAM DISTRICT.

...PETITIONER A N D

1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, HOME DEPT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DIST.

2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM SRIKAKULAM DISTRICT

3. THE DY SUPERINTENDENT OF POLICE, PALAKONDA SRIKAKULAM DISTRICT.

4. THE CIRCLE INSPECTOR OF POLICE, RAJAM SRIKAKULAM DISTRICT

5. THE SUBINSPECTOR OF POLICE, RAJAM POLICE STATION SRIKAKULAM DISTRICT

6. M SRAVANI, THE DY. SUPERINTENDENT OF POLICE, PALAKONDA SRIKAKULAM DISTRICT

7. P SRINIVASA RAO, THE CIRCLE INSPECTOR OF POLICE, RAJAM SRIKAKULAM DISTRICT

8. THE TAHSILDAR, RAJAM SRIKAKULAM DISTRICT.

...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 to issue a writ order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.3 to 7 Trying to Dispossessing petitioner from the petitioner land for an extent of Ac.0.79 cents out of Ac 9.00 cents in Sy no.215 at Boddam village Rajam Mandal Srikakulam district with the collusion of the 8th respondent and beneficiaries of the Navaratnalu scheme is highly illegal, arbitrary and violation of the Art. 14, 21 and

300(A) Of Constitution of India and also violation of the principals of natural Justice and Consequently Direct the Respondents No.3 to 7 not to interfere in the petitioner property for an extent of Ac.0.79 cents out of Ac 9.00 cents in Sy no.215 at Boddam village Rajam Mandal Srikakulam district and 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 to direct the Respondents not to interfere in the petitioner property for an extent of Ac.0.79 cents out of Ac 9.00 cents in Sy no.2 15 at Boddam village Rajam Mandal Srikakulam district without following due process of law and pass Counsel for the Petitioner: 1. TOTA TEJESWARA RAO Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE The Court made the following:

O R D E R

This Writ Petition was filed seeking the following relief:

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of respondent Nos.3 to 7 trying to dispossess the petitioner from the petitioner’s land for an extent of Ac.0.79 cents out of Ac.9.00 cents in Sy.No.215 of Boddam village, Rajam Mandal, Srikakulam District with the collusion of 8^th respondent and beneficiaries of Navaratnalu Scheme, is highly illegal, arbitrary and violation of the Articles, 14, 21 and 300A of the Constitution of India and also violation of the principles of natural justice and consequently, direct the respondent Nos.3 to 7 not to interfere into the petitioner’s property for an extent of Ac.0.79 cents out of Ac.9.00 cents in Sy.No.215 of Boddam village, Rajam Mandal, Srikakulam District and pass such other order …”

2. It is the case of the Writ Petitioner that the Writ Petitioner had land for an extent of Ac.0.79 cents out of Ac.9.00 cents in Sy.No.215 at Boddam village, Rajam Mandal, Srikakulam District, which is a Gramakantam land, with continuous possession and enjoyment of the same since the time of petitioner’s forefathers, without interruption of any third-parties as well as revenue authorities, by growing Mango trees and Cashew top. The Government of Andhra Pradesh issued G.O.Ms.No.187, dated 27.05.2015 to delete the Gramakantam lands from Section 22A of the Registration Act, 1908 and permitted the Registration of Gramkantam lands without