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2025 DAILYLAW 10079 (AP)

Bandi Krishna Veni, v. The State of Andhra Pradesh,

WP/6768/2020 · 2025-03-04

T C D Sekhar

body2025

Judgment text

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HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 1 APHC010111472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.6774/2020 Between: Ponnaganti Satish, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) WRIT PETITION NO: 6768/2020 Between: Bandi Krishna Veni, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 2 Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) WRIT PETITION NO: 6776/2020 Between: Kanikalla Muthayya, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 3 HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION Nos.6774, 6768 and 6776 of 2020 COMMON ORDER: 1. The issue involved in all the writ petitions are one and the same, therefore they are disposed by way of common order. 2. The above writ petitions are filed questioning the action of the respondents in proposing to assign house plots in respect of the lands belonging to the petitioners situated in various survey numbers of Tanduvai Village, Jangareddygudem Mandal, West Godavari District. They also questioned the action of the respondents in changing the entries in the revenue records in pattadar and enjoyer columns by incorporating “required for allotment of house sites as against Sy.No.391 of said village”, which is classified as “Bandi Dari (Cart Track)” 3. This Court by order dt.17.03.2020 passed the following order: “Notice before admission. Learned counsel for the petitioner submits that the 1st petitioner is the absolute owner and possessor of agricultural land extent Ac.3.14 cents in Sy.No.386-1 and Ac.2.18 cents in Sy.No.405-4 of Taduvai Village, Jangareddygudem Mandal, West Godavari District. The 2nd petitioner is the absolute owner and possessor of HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 4 agricultural land extent Ac.0.13 cents in Sy.No.405-5C, Ac.0.17 cents in Sy.No.405-5B, Ac.0.07 cents in Sy.No.405-5A, Ac.3.26 cents in Sy.No.405-3, Ac.1.38 cents in Sy.No.405-2B, Ac.1.38 cents in Sy.No.405-2A and Ac.0.19 cents in Sy.No.405-1 of Taduvai Village, Jangareddygudem Mandal, West Godavari District. In between the lands of the petitioners in Sy.No.386 and Sy.No.405, a road is situated in Survey No.391. Now, the respondent authorities are trying to encroach the lands of the petitioners by illegal conversion of the road poramboke land situated in Survey No.391 of Taduvai Village, Jangareddygudem Mandal, West Godavari District, which was classified as „Bandi Dari (Cart Track)‟, for providing house sites pattas to the weaker sections without any notice, which is contrary to the Board Standing Orders and in violation of the orders passed in W.P.No.2212 of 2020 dated 03.02.2020. In the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioners and on perusal of the record, this Court prima facie satisfied that the petitioners have shown sufficient cause for grant of interim direction. Accordingly, the respondents are directed not to change the physical features of the 1st petitioner‟s land extent Ac.2.18 cents in Sy.No.405-4 and 2nd petitioner‟s land extent Ac.0.13 cents in Sy.No.405-5C, Ac.0.17 cents in Sy.No.405-5B and Ac.0.07 cents in Sy.No.405-5A of Taduvai Village, Jangareddygudem Mandal, West Godavari District and also the land in Survey No.391 of Taduvai Village, Jangareddygudem Mandal, West Godavari District, which was classified as „Bandi Dari (Cart Track)‟, and not to assign the said lands to the third parties for the purpose of providing house sites.” 4. When the matter is taken up for hearing, the learned Assistant Government Pleader for revenue submitted written instructions dt.24.02.2025, furnished by the 4th respondent. 5. On perusal of the same, it is clear that the lands claimed by the writ petitioners was not proposed for allotment of house plots. The said instructions further read that an extent of HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 5 Ac.2-37 cents in RS No.476/2 of Taduvai Village was acquired for the said purpose and subsequently the same was allotted to eligible beneficiaries. 6. On further perusal of the instructions, it is categorically mentioned, wherein the land admeasuring an extent of Ac.4.10 cents in RS No.391 is kept vacant and the same is being used as Bandi Dari for ingress and egress to the lands of the surrounding farmers. 7. The said instructions dt.24.02.2025 furnished by the 4th respondent is placed on record. 8. In view of the instructions dt.24.02.2025 furnished by the 4th respondent that, the lands claimed by the petitioner are not required for house sites, no further orders are necessary in the writ petition and accordingly, the writ petitions are closed. 9. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 04.03.2025 DR HTCDS,J WP Nos.6774, 6768 & 6776 of 2020 6 25 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP Nos.6774, 6778, 6776 of 2020 Date 04.03.2025 DR