Chittim Srinivasulu vs The State Of Andhra Pradesh on 27 April, 2026

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    Andhra Pradesh High Court – Amravati

    Chittim Srinivasulu vs The State Of Andhra Pradesh on 27 April, 2026

    Author: B Krishna Mohan

    Bench: B Krishna Mohan

     APHC010193252026
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                           [3233]
                               (Special Original Jurisdiction)
    
                  MONDAY,THE TWENTY SEVENTH DAY OF APRIL
                      TWO THOUSAND AND TWENTY SIX
    
                                      PRESENT
    
                THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
    
                          WRIT PETITION NO: 11342/2026
    
    Between:
    
       1. CHITTIM SRINIVASULU, S/O. C.LAKSHMINARASAYYA,     AGED
          ABOUT 57 YEARS, OCC AGRICULTURE, R/O.JALLIPETA VILLAGE,
          PALAMANER MANDAL, CHITTOOR DISTRICT.
    
                                                                    ...PETITIONER
    
                                         AND
    
       1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL
          SECRETARY     REVENUE    DEPARTMENT,        SECRETARIAT
          BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.522238
    
       2. THE    DISTRICT          COLLECTOR,          CHITTOOR         DISTRICT,
          CHITTOOR.517001
    
       3. THE REVENUE DIVISIONAL OFFICER, PALAMANER.                   CHITTOOR
          DISTRICT.517408
    
       4. THE    TAHSILDAR,        PALAMANER         MANDAL,            CHITTOOR
          DISTRICT.517408
    
                                                              ...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 on the
    part of the Respondent No.4 in issuing notices under provisions of the Andhra
    Pradesh Land Encroachment Act, 1905
    and passing order in Proceedings in
    D. Dis B/205B/2025 dated 24.03.2026 directing the respondent No. 5 to evict
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    BKM,J
    W.P.No.11342 of 2026

    petitioner from the land in an extent of Ac. 0.495 cent, in Sy.No.819 of Moram
    Revenue village, Palamaner Mandal, Chittoor District in accordance with law
    without passing order on petitioner representation dated 29.09.2022,
    21.08.2023 made under BSO 15 of the AP. Board Standing orders seeking
    for assignment of the same under SIVOI Jamadar category to which
    petitioner lawfully entitled as arbitrary, illegal, violative of the provision of the
    Board standing orders and the Revised Assignment Policy apart from being
    violative of fundamental and Constitutional Rights guaranteed to the petitioner
    under Articles 14, 19, 21 and 300A of the Constitution of India, consequently
    set aside the Proceedings in D.Dis B/205B/2025 dated 24.03.2026 issued by
    the respondents by directing the respondents 2 to 4 to consider petitioner
    representations dated 29.09.2022 and 21.08.2023 and pass

    SPONSORED

    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 all further proceedings in pursuance of the Proceedings in
    D.Dis B/205B/2025 dated 24.03.2026 issued by the respondent No.4,
    pending disposal of the above Writ Petition and pass

    Counsel for the Petitioner:

    1. S PARINEETA

    Counsel for the Respondent(S):

    1. GP FOR REVENUE
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    W.P.No.11342 of 2026

    The Court made the following Order:

    Heard the learned counsel for the petitioner and the learned Assistant

    Government Pleader for Revenue appearing for the respondents.

    2. This writ petition is filed questioning the action on the part of the 4th

    respondent issuing notices under the provisions of the Andhra Pradesh Land

    Encroachment Act, 1905.

    3. The learned counsel for the petitioner submits that in respect of giving

    representations by the petitioner dated 29.09.2022 and 21.08.2023 under BSO

    15 of the A.P.Board Standing orders, seeking for assignment of the subject land

    under “SIVOI” Jamadar category, the same is not considered so far and the

    impugned order of the 4th respondent dated 24.03.2026 was passed in pursuance

    of the order of this Court dated 20.02.2026 in W.P.No.5038 of 2026 under

    Section 6 & 7 of the Andhra Pradesh Land Encroachment Act, 1905 in

    Sy.No.819, extent Ac.0.495 cents, Moram Revenue Village, Palamaner Mandal,

    Chittoor District.

    4. On the other hand, the learned Assistant Government Pleader appearing

    for the respondents submits that the impugned order dated 24.03.2026 is an

    appealable order before the 2nd respondent under the provisions of Land

    Encroachment Act, 1905.

    5. In reply, the learned counsel for the petitioner submits that the

    representation of the petitioner under BSO 15 of the A.P.Board Standing orders

    ought to have been considered. But without considering the above said
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    W.P.No.11342 of 2026

    representations of the petitioner, the above said impugned order has been

    passed by the 4th respondent dated 24.03.2026.

    6. In view of the above said facts and circumstances, and upon consideration

    of the rival submissions made, it is to be observed that, as the above said two

    issues are for two different reliefs, one cannot wait for the other and both the

    issues cannot be clubbed, as they emanate for two different exercises and the

    lands. If the petitioner is aggrieved by the impugned order of the 4 th respondent

    dated 24.03.2026, it is open for the petitioner to avail an effective alternative

    remedy available under law and at the same time, independently it is open for the

    petitioner to make a representation afresh enclosing all the necessary documents

    in support of his claim, in continuation of the earlier representations, if any, dated

    29.09.2022 and 21.08.2023 under BSO 15 of the A.P.Board Standing orders. If

    so made, and if not already considered, the same shall be considered by the

    authorities concerned in accordance with law. If an appeal is preferred by the

    petitioner against the order of the 4th respondent, the same shall be dealt with in

    accordance with law.

    6. Accordingly, this writ petition is disposed of. The Interim order, if any,

    deemed to have been vacated. There shall be no order as to costs.

    As a sequel, Interlocutory Applications pending, if any, shall stand closed.

    _________________________
    JUSTICE B. KRISHNA MOHAN

    27.04.2026
    RMD
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    W.P.No.11342 of 2026

    98

    THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

    WRIT PETITION NO: 11342/2026

    27.04.2026
    RMD



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