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CDJ 2026 APHC 1039 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : W.P. No. 15368 of 2026
Judges: THE HONOURABLE MS. JUSTICE B.S. BHANUMATHI
Parties : Barnikana Venkata Satyavathi & Others Versus State of Andhra Pradesh & Others
Appearing Advocates : For the Petitioners: P. Nanilu Naidu, Advocate. For the Respondents: Government Pleader for Revenue.
Date of Judgment : 22-06-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

1. This petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action on the part of the respondent no. 4 in trying to dispossess the plots of the petitioners in plot nos. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 30, 31, 33 admeasuring each 0.01 ½ cents amounting to a total of 0.39 cents situated in Sy. No. 379-P, Kunchangi village, Anakapalli Mandal, Anakapalli District without issuing any notice, without affording any opportunity to the petitioners, and informing the petitioners as illegal, arbitrary and against the principles of natural justice besides violation of Articles 14, 21 and 300-A of Constitution of India and to consequently direct the respondents Nos. 2 to 4 not to dispossess the petitioners from their respective plots in plot nos. 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 30, 31, 33 admeasuring each 0.01 ½ cents amounting to a total of 0.39 cents situated in Sy. No. 379-P, Kunchangi village, Anakapalli Mandal, Anakapalli District.

2. The case of the petitioners is, briefly stated, as follows:

               The petitioners Nos. 1 to 26 are the absolute owners and lawful possessors of the above described land. The respondent No.4 issued land possession certificates dated 29.08.2023. The deponent of the affidavit i.e., the petitioner No.1 is an agricultural coolie and started constructing a house in the subject land with her savings, but could not complete the construction due to shortage of funds. The other plots of the other petitioners are vacant and they have also taken steps for construction of residential houses on their plots. However, the respondent authorities have been unlawfully interfering with the peaceful possession and enjoyment of the petitioners over the plots allotted to them, without following any due process of law. Hence, this writ petition was filed.

3. The learned Assistant Government Pleader for Revenue placed on record a copy of the written instructions of the respondent No.4 vide Rc.No. 260 / 2026 / SA dated 19.06.2026, wherein it was mentioned that originally an extent of Ac. 6.06 cents in S.No.379 was assigned to five beneficiaries, they are:

Sl

Name of the village

S.No.

Extent

Ac.cts.

Name of the Assignee

1.

Kunchangi

379/1

1.85

Yallabilli Nallamari S/o Musalaya

2

379/44-B

1.05

Pallela Appalanarasa W/o Ramulu

3

379/5A

1.05

Pallela Jogulamma (Laxmanamma)

4.

379/5A

1.05

Salapu Koti S/o Tatalu

5.

379/5C

1.06

Medisetty Samudram (Mutyalu)

Total

6.06 cts.

               and that there was still an extent of Ac. 1.00 cents of land left vacant without any allotment. The instructions further stated that the vacant plots 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 30, 31, 33 were allotted to the petitioners and house site land possession certificates were mistakenly issued by the then Tahsildar and that if the beneficiaries are eligible for house site pattas, a separate lay out will be got approved by the Revenue Divisional Officer with permission of Assignment Committee and pattas will be released to the beneficiaries. It is further stated that the concerned allotment record was not traced out in the office and that the land possession certificates of the petitioners have to be cancelled and fresh pattas need to be granted after the permission of the Assignment Committee.

4. In view of the admission of allotment and issue of possession certificate, the learned counsel for the petitioners submitted that until the allotment is legally cancelled, the possession of the petitioners cannot be disturbed by the respondent authorities and, therefore, the petitioners are entitled to the relief claimed.

5. The learned Assistant Government Pleader for Revenue submitted that since allotment and issue of L.P.Cs. are due to mistake, the petitioners are not entitled to the relief.

6. Considering the fact that the allotments were made to the petitioners and L.P.Cs. were issued and as there is no prima facie material on record to show that there was mistake in the allotment or issue of the certificates, the possession of the petitioners needs to be protected until the allotment(s) or certificate(s) is cancelled by following due process of law.

7. Accordingly, the writ petition is allowed directing the respondents not to dispossess the petitioners from the subject house sites without following due process of law.

There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this petition shall stand closed.

 
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