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2025 DAILYLAW 10376 (AP)

MANAVASI VENKATESH v. THE STATE OF ANDHRA PRADESH

WP/6203/2025 · 2025-03-24

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010117562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6203/2025 Between: Manavasi Venkatesh and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. BOBBA HARI PRASAD REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6203/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue Writ Order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 are attempting to distribute the house site pattas in Sy.No.300/10 for an extent of Ac.1-92 cents vacant land in Mallampalli Village, Chintalapalem Revenue Village, Tirupati District to ineligible persons who already have house sites in the same vicinity as illegal arbitrary and in violation of Article 14 and Article 21 of the Constitution of India and consequently direct the respondents not to distribute the house site pattas to in eligible persons without conducting proper enquiry and following due procedure and protect the said land for the purpose of public and pass….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The petitioners, who are villagers of Mallampalli in Chinatalapalem revenue village, Tirupati District, have approached the revenue authorities requesting the allotment of the vacant Gramakantam land situated at Sy.No.300/10, to an extent of Ac.1.92 cents, for the construction of public welfare facilities such as schools, health clinics, veterinary clinics, and community halls for the benefit of the general public. However, the revenue 3 authorities have informed the villagers that they intend to distribute house site pattas. For which, the petitioners submitted representations on 15.02.2025 and 17.02.2025 to the authorities, raising objections to this proposed distribution. They contend that the individuals in whose names the land is being allocated already possess house site pattas, and therefore, the proposed allottees are ineligible for receiving new house-site pattas. 4. Learned Government Pleader for the respondents placed on record written instructions dated 07.03.2025, wherein it is stated that there is no proposal for issuance of house sites to anyone in the subject survey number. It seems that the petitioners with mere assumption or apprehension preferred filed this Writ petition. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondent Nos.2 to 4, if they intended to distribute the house site pattas to ineligible persons or to allot any other purpose other than the community purpose, they shall follow due process as contemplated under Board Standing Orders and by conducting proper and detailed enquiry by observing fair and reasonable opportunity to villagers or stake holders, if any. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 LSP 5 166 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6203/2025 24.03.2025 LSP