2026 Supreme(Online)(AP) 14572
HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY
JINNI VENKATESWAR RAO – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent
WP 4184/2026
APHC010069382026 IN THE HIGH COURT OF ANDHRA PRADESH [3460]
AT AMARAVATI (Special Original Jurisdiction)
FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4184/2026 Between:
1. J INNI VENKATESWAR RAO, S/O. LATE ARJUNA, AGED
56 YEARS, R/O. D.NO.5-42, MULAMPALLI VILLAGE, JEELUGUMILLIMANDAL, ELURU DISTRICT, PIN 534455.
2. G OPINA RAMU,, S/O. PULLAIAH, AGED 35 YEARS, R/O.
ROTHUGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT, PIN 534455.
3. J INNI VENKANNA BABU,, S/O. VENKATESWARA RAO, AGED 35 YEARS, R/O. D.NO.5-42, MULAMPALLI VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT, PIN 534455.
...PETITIONER(S)
AND
1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,TRIBAL WELFARE DEPARTMENT,SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, PIN 522237.
2. T HE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU, PIN 534006.
3. T HE REVENUE DIVISIONAL OFFICER, JANGREDDYGUDEM MANDAL, ELURU DISTRICT, PIN
534447.
4. T HE TASILDAR, JEELUGUMILLI MANDAL, ELURU DISTRICT, PIN 534456.
...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 order direction more particularly one in the nature of Writ of MANDAMUS declare the action of the Respondents seeking eviction of the Petitioners from the respective lands covered in R.S.No.16 an extent of Ac.6.00 cts situated at Mulagalampalli Village, Jeelugumilli Mandal, Eluru District as illegal, arbitrary and contrary to the Provisions of APSALT Regulations 1 of 59 as Amended by 1 of 70 and consequently direct the Respondents not to evict the Petitioner from the land covered in R.S.No.16 an exlent of Ac.6.00 cts situated at Mulagalampalli Village, Jeelugumilli Mandal, Eluru District without passing any order, and without following due process of law and pass IA NO: 1 OF 2026 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 stay of all further proceedings including eviction of the Petitioners from their respective lands covered in R.S.No.16 an extent of Ac.6.00 cts situated at Mulagalampalli Village, Jeelugumilli Mandal, Eluru District pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR SOCIAL WELFARE The Court made the following:
THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.4184 OF 2026
O R D E R:
The present Writ Petition is filed questioning the action of the Respondents in seeking eviction of Petitioners from their respective lands covered in R.S.No.16 (Ac.6.00 cents) situated at Mulagalampalli Village, Jeelugumilli Mandal, Eluru District, as illegal and arbitrary and contrary to Andhra Pradesh Schedule Areas Land Transfer Regulations.
2. The Petitioners belong to Scheduled Tribe community and have been in possession of the above mentioned land for more than two decades. It is stated that the Petitioners had permission to raise tobacco in schedule land, and the Respondents seeking to evict the Petitioners without putting them on notice is illegal and arbitrary.
3. Learned counsel for the Petitioners rely on the photographs filed along with writ affidavit to substantiate the plea that tobacco is being raised in the scheduled land.
4. Learned Assistant Government Pleader submits that the scheduled land is government land and Petitioners do not have right over the property, and further submitted that further action will be taken in accordance with law.
5. Considering the submissions, the Writ Petition is disposed of, with the following directions:-
(i) The Respondents are directed to take further steps in accordance with law with regard to the possession of the land in question.
(ii) There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pend