APHC010117442020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7138/2020 Between: 1. PERICHERLA PADMA, W/O. SIVANNARAYANA AGED 59 YEARS, OCC.HOUSEWIFE, R/O.D.NO.2/3, RAMATEJA APARTMENTS, UVP COLONY DOUBLE ROAD, VISAKHAPATNAM. 2. PERICHARLA SUJATHA, W/O. GANAPATHI AGED OCC.HOUSEWIFE, R/O. D.NO.H.B.COLONY, JAGGANNADHARAJU LAYOUT, DELIGHT ENCLAVE, VISAKHAPATNAM. 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM. 4. TAHSILDAR, GAJUWAKA MANDAL, VISAKHAPATNAM. 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 toto issue any writ, order or direction more particularly one in the nature of writ of mandamus resorting to dispossess the petitioners from their residential plots though the proposal for allotment plots on payment of market value are pending before IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7138/2020 PERICHERLA PADMA, W/O. SIVANNARAYANA AGED 59 YEARS, OCC.HOUSEWIFE, R/O.D.NO.2/3, RAMATEJA APARTMENTS, UVP COLONY DOUBLE ROAD, VISAKHAPATNAM. PERICHARLA SUJATHA, W/O. GANAPATHI AGED OCC.HOUSEWIFE, R/O. D.NO.H.B.COLONY, JAGGANNADHARAJU LAYOUT, DELIGHT ENCLAVE, VISAKHAPATNAM. ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. E DISTRICT COLLECTOR, VISAKHAPATNAM. REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM. TAHSILDAR, GAJUWAKA MANDAL, VISAKHAPATNAM. ...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 toto issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in resorting to dispossess the petitioners from their residential plots though the proposal for allotment plots on payment of market value are pending before IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE SIXTH DAY OF AUGUST THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN PERICHERLA PADMA, W/O. SIVANNARAYANA AGED 59 YEARS, OCC.HOUSEWIFE, R/O.D.NO.2/3, RAMATEJA APARTMENTS, UVP PERICHARLA SUJATHA, W/O. GANAPATHI AGED 50 YEARS, OCC.HOUSEWIFE, R/O. D.NO.H.B.COLONY, JAGGANNADHARAJU ...PETITIONER(S) STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, TAHSILDAR, GAJUWAKA MANDAL, VISAKHAPATNAM. ...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 toto issue any writ, order or direction more particularly one in the declaring the action of the respondents in resorting to dispossess the petitioners from their residential plots though the proposal for allotment plots on payment of market value are pending before 2 BKM,J W.P.No.7138 of 2020 the 2nd respondent is illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and to consequently direct the respondents not to dispossess the petitioners from their respective plots No. 114 and 111 situated in Sy.No.125/ 1 of R.A.Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District and to pass IA NO: 1 OF 2020 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 dispossess the petitioners from their respective plots No. 114 and 111 situated in Sy.No.125/1 of R.A.Colony, Duvvada Village, Gajuwaka Mandal, Visakhapatnam District IA NO: 2 OF 2020 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 IA NO: 1 OF 2025 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 may be pleased to vacate the interim order passed on 20.03.2020 in WP. No.7138 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 BKM,J W.P.No.7138 of 2020 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the respondents in resorting to dispossess the petitioners from their residential plots, though the proposal for allotment is pending before the 2nd respondent. 3. The learned counsel for the petitioners submits that the 2nd respondent addressed a letter to the 3rd respondent dated 08.02.2007 in the matter of regularization of the land on payment of market value in survey No.125/1, which is a Government land. The said letter is extracted hereunder: R.C.No.370-2007 E2 dated 8-2-2007 Collector's Office, Visakhapatnam. From, To, Sri Anil Kumar Singhal, I.A.S., The Revenue Divisional Officer, Collector, Visakhapatnam. Visakhapatnam. Sir, Sub:- Land- Visakhapatnam district- Gajuvaka Mandal- Duvvada Village- representation of the R.A. Colony people- land in S.No.125/1-Government land- regularization of the land on payment of market value- Regarding. Ref:- Lr. RC.No.752/SA/ dated 5-1-2007 of the Mandal Revenue Officer, Gajuvaka. *** I invite your attention to the reference cited (Copy enclosed) The Mandal Revenue Officer, Gajuvaka in the letter cited has reported that Sri S.V.Krishna Rao and others of the R.A. Colony Welfare Association in Duvvada Village of Gajuvaka Mandal have submitted a representation to the Joint Collector, Visakhapatnam requesting for regularization of the House site plots purchased by them in a layout called as R.A.Colony Layout in Duvvada Village. 4 BKM,J W.P.No.7138 of 2020 It is further informed that the Joint Collector, Visakhapatnam has directed Mandal Revenue Officer, Gajuvaka to enquire the issue and submit factual report of the case. In her report, the Mandal Revenue Officer, Gajuvaka has sated that a lay out is in existence in the S.Nos.103, 104 and 125 of Duvvada Village, that the same was approved by the Gram Panchayat on 25-4-1983, that all the plots were sold to different people by the land owner and that there are subsequent further sales in the said layout. During Verification of the Government lands, it in noticed by the officials, that a part of Government land in S.No.125 is covered in the said layout and survey stones have been planted for the boundary of the above survey number and caution boards have also been erected in the site. As the matter stood at that stage, a representation has been submitted by the plot owners association, stating that there are 15 people who have purchased sites in the S.No.125 presuming that this land also is private land as the lay out is formed including this land and requested the Joint Collector, Visakhapatnam to consider allotment of the land covered by house site plots in s.no.125 on payment of market value. It is reported by the Mandal Revenue Officer, Gajuvaka has informed that the applicants are middle class category people and that the request of the association may be considered for allotment of the land on payment of market value and solicited necessary instructions in the matter. In view of the above position, I request you to inspect the land and to report the actual extent in S.No.125 of the Village is covered by layout and the basic and prevailing market value of the above land at an early date to take further action in the matter. 4. According to the Mandal Revenue Officer, Gajuvaka, it is stated that a layout is in existence in survey Nos.103, 104 and 125 of Duvvada Village, which was approved by the Gram Panchayat on 25.04.1983 and all the plots were sold away to different people by the land owner and there are subsequent sales in the said land. But, during the verification of the Government lands, it is noticed by the officials that, a part of the Government land in survey No.125 is covered in the said layout and accordingly, survey stones have been planted for the boundary of the above said survey number and caution boards have also been erected in the said site. At that stage, a representation has been submitted by the plot owners association stating that there are 15 people who purchased sites in the survey No.125 presuming that this land is also a private land, as the layout 5 BKM,J W.P.No.7138 of 2020 was formed including this land and as such, requested the Joint Collector, Visakhapatnam, to consider the allotment of the land covered by house site plots in survey No.125 on payment of market value and as such, the Mandal Revenue Officer, forwarded the request of the said applicants and in consequence of the same, the 2nd respondent requested the 3rd respondent to examine the said issue. But, thereafter, there is no progress in the matter. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter of the 4th respondent submits that the Government introduced regularization scheme from time to time to regularize the unauthorized occupations by way of dwelling units in the Government lands, which are un-objectionable in nature. However, the writ petitioners herein are claiming the Government land, which is objectionable to be regularized under any particular scheme. It is not possible to regularize their plots under the existing regularization scheme. She further submits that there is an ACC shed on the subject land and no permanent structures have been constructed. The subject land which is sought to be regularized for the petitioners herein falls under water bodies and as such the land comprising of water bodies cannot be alienated to any person, even it is private. The Hon’ble Supreme Court time and again reiterated in various orders to protect the water bodies, forest lands, tanks, ponds, 6 BKM,J W.P.No.7138 of 2020 hillocks, mountains etc., as they are the nature’s bounty and as they maintain delicate ecological balance. The said type of lands/nature has to be protected for a proper and healthy environment, enabling people to enjoy a quality life and as per the revenue records, the land measuring an extent of Ac.6.96 cents in survey No.125/1, Duvvada Village is classified as “Vagu” i.e., objectionable in nature. 6. In view of the above said facts and circumstances, no relief can be granted in this writ petition, as the subject land forms part of Vagu poramboke. Hence, any proposal for regularization cannot be entertained in this writ petition. If the petitioners are otherwise in possession of the subject land as on date, they shall be dealt with strictly in accordance with law and by following the due procedure they shall be evicted without any regularization. 7. Accordingly, the writ petition is dismissed. 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 06.08.2025 MDP