APHC010120372020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7399/2020 Between: 1. PARUPALLI BHEEMA RAO,, S/O LATE NARAYANA, AGED- 50 YEARS, R/O TANGUDUBILLI, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 2. SMT. DEKKATHI NARAYANAMMA,, W/O LATE DURGAYYA REDDY, AGED- 70 YEARS, R/O DEKKATHI PALEM, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 3. SMT. BONELA VARALAKSHMI @ VARALAMMA,, W/O LATE RAMBABU, AGED- 58 YEARS, R/O KONDAPETA VILLAGE, CHITTIVALASA POST, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P., 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM 4. THE SPECIAL DEPUTY COLLECTORCUMSPECIAL OFFICER LAND 2 BKM,J W.P.NO.7399 OF 2020 POOLING, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT. 5. THE TAHSILDAR, ANANDAPURAM MANDAL, VISAKHAPATNAM DISTRICT ...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 of the respondents in attempting to take possession of the petitioners assigned agricultural lands under Ex-Service Man Quota in an extent of Ac.5-00 cents each totaling an extent of Ac.15-00 cents covered by Sy.No. 13 of Tangudubilli Village, Anandapuram Mandal, Visakhapatnam District, treating the petitioners as encroachers, on the premise of providing house sites under the scheme Navaratnalu-Pedalandariki Illu in the name of Voluntary Land Pooling by issuing G.O.Ms.No. 72, Municipal Administration and Urban Development Department, dated- 25-01-2020 as illegal, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300 A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioners possession and enjoyment of the above said agricultural lands in any manner including the petitioners dispossession and not to allot the same as house sites, in the interest of justice 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 pleased to issue an interim direction against the respondents not to interfere with the petitioners possession and enjoyment of their agricultural lands in an extent of Ac.5-00 cents each totaling an extent of Ac.15-00 cents covered by Sy.No. 13 of Tangudubilli Village, Anandapuram Mandal, Visakhapatnam District in any manner including the petitioners dispossession and allotment of the same as house sites under the scheme "Navaratnalu-Pedalandarikilu" by suspending the operation of G.O.Ms.No. 72, Municipal Administration and Urban Development Department, dated- 25-01-2020, during the pendency of this writ petition, in the interest of justice 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 3 BKM,J W.P.NO.7399 OF 2020 pleased to grant leave to the Petitioner herein/ Respondent No. 5in the Writ Petition No. 7399 of 2020 to file the counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 BKM,J W.P.NO.7399 OF 2020 ORDER:- Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition was filed questioning the action of the respondents in attempting to take possession of the petitioners’ assigned agricultural lands under Ex-Service Man Quota in an extent of Ac.5-00 cents each totaling an extent of Ac.15-00 cents covered by Sy.No.13 of Tangudubilli Village, Anandapuram Mandal, Visakhapatnam District treating them as encroachers on the premise of providing house sites under the welfare scheme as per G.O.Ms.No.72, Municipal Administration and Urban Development Department, dated 25.01.2020. 3. On the other hand, the learned Assistant Government Pleader, relying upon the counter filed by the 5th respondent, submits that the land in Sy.No.13 of Tangudubilli Village was also identified and proposed under the land pooling scheme, on par with other villages in Anandapuram Mandal, for allotment of house sites to the poor, as per G.O.Ms.No.72 MA&UD Department, dated 25.01.2020. The Government lands covered by Sy.Nos.1 and 13 of Tangudubilli village have also been identified for pooling purposes, and only after taking written consent from the assignees or the encroachers the land will be taken under pooling scheme. Accordingly, necessary consents were obtained from the cultivators of the lands. During the field survey conducted on the subject lands, it was noticed that the petitioners were never in cultivation on the subject land and some other persons are in cultivation of 5 BKM,J W.P.NO.7399 OF 2020 the lands by way of assignment/encroachment. It is not correct to say that the subject land was given to the petitioners under the Ex-Serviceman Quota. Initially, the land in Sy.No.13 of the said village was classified as AWD- Gayallu as per the Settlement Fair Adangal and as per the entries in Form-III of Assignment lands Register, it was found that no assignments were made to the writ petitioners under Ex-Serviceman Quota and the said documents were produced by the writ petitioners are fabricated. As stated above, the petitioners were never in cultivation of the subject land and some other persons are in cultivation of the land by way of encroachment. 4. In view of the above said facts and circumstances, the respondent authorities are directed to deal with the subject land strictly in accordance with law, if so warranted for any public purpose. The petitioners are not entitled for any protection and relief. 5. Accordingly, the Writ Petition is disposed of. 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 28.08.2025 LSP 6 BKM,J W.P.NO.7399 OF 2020 93 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7399/2020 28.08.2025 LSP