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2025 DAILYLAW 11109 (AP)

T. JAYARAMAN, WEST MAMBALAM, CHENNAI & 32 OTHERS v. PRL SECY, REVENUE(ASSN.IV) DEPT, HYDERABAD & 2 OTHERS

WP/27085/2014 · 2025-04-10

R Raghunandan Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION NO: 27085 OF 2014 Between: 1. T. Jayaraman, S/o. Tyagaraj lyar, Aged about 62 years, Occ: Business, R/o. D.No.9, K.R. Kovil Street, west Mambalann, Chennai. G. Papapiah Naidu, S/o. G. Subbaiah Naidu, Aged about 58 years, Occ: Business, R/o. Chitvail Road, Raiiway Koduru> Y.S.R. Kadapa District, A.P. 2. 3. S. Rajendra Raju, S/o. Chinnabba Raju, Aged abbut : years, Occ: Agriculture, R/o. Rachapalli Post and Village, Obulavari Palli Mandai, Y.S.R. Kadapa District 4. J. Mahadeva Reddy, S/o. Raghunatha Reddy, Aged about 48 years, Occ: Business, R/o. Post and Village, Obulavari Palli Mandai, Y.S.R. Kadapa District, A.P. G. Srinivas Raju, S/o. Jayarama Raju, Aged about 34 years, Occ: Agriculture, R/o. Obulavari Palli Mandai, Chinnaraju Podu Post Sunnapuralla Palli Village, Y.S.R. Kadapa District. ' N. Subbaraghava Raju, S/o. Jayaram Raju, Aged about 59 years, Occ: Agriculture, R/o. Koneti Raju, Kandrika Village, Koduru Mandai, Y.S.R. Kadapa District. B. Lalitha Kumari, W/o. B. Thulasi Ram, Aged about 46 years, Occ: Business, R/o. D.N0.7-467/E2, Surya Nagar, Koduru Village, Raiiway Koduru Mandai, Kadapa District. Y. Siva Rama Prasad, S/o. Mahadevaiah, Aged about 56 years, Occ: Busine.ss, R/o. D.No. 2.18, Railway Koduru Mandai, POK Village, Kadapa District, A.P. S/o. A. Vijayamohan Rao, Aged about 33' years, Occ: Business, R/o. Nellore Town Dargha Mitta, Gudur Road, S.P.S.R.Nellore District, A.P. i 5. 6. 7. 8. 9. Contd..2 ::2:N G. Mohan Rao, S/o. Chinnaswamy, Aged about 57 years, Occ: Agriculture, R/o. D.No. 11-6, S.V.Nagar, Tirupati Urban Mandal, Tirupati-2, Chittopr .District, A.P. S. Venkatasubba Raju, S/o.Chengal Raju, Aged about 79 years, Occ: Agriculture, R/o. Railway Koduru Village, Railway Koduru Mandal and Rost, Y.S.R. Kadapa District. J. Krishnama Naidu, S/o. Subbarayudu, Aged about 65 years, Occ: Agriculture, R/o. Kammapallam, Timmasamudharam Village, T. Sundupalli Mandal, Y.S.R. Kadapa District. P. R.Syamala, W/o. Rosaiah, Aged about 47 years, Occ: Household, R/o. Erramukapalli,,Kadapa Town, Y.S.R. Kadapa District, A.P. R. Lakshmi Subadramma, W/o. Sivaraju, Aged about 44 years, Occ: Household, R/o. Surya Nagar, Railway Koduru Town, Railway Koduru Mandal, Y.S.R.Kadapa District. N. Reddy Sekhar, S/o. Chandrayudu, Aged about 51 years, Occ: Agruculture, R/o. D.No. 19-8-84C/12, Yadava Colony, Tirupati Town, Tirupati Urban Mandal, Chittoor District, A.P. G. Obulamma, W/o. Jayachandra Naidu, Aged about 50 years, Occ: Household, R/o. AdavikammapaNi Mazara, Settypalli Village, Sambaypalli Mandal, Y.S.R. Kadapa District, A.P. T. Thulasiram, S/o. Subramanyam Naidu, Aged about 36 years, Occ: Business, R/o. D.No. 19-9-6D1, Kenady Nagar, Thirchanoor Road, Tirupati Town, Tirupati Urban Mandal, Chittoor District, A.P. P. Kannaiah, S/o. Krishnama Naidu, Aged about 58 years, Occ: Agriculture, R/o. D.No. 19-14-41, Raghavendra Nagar, Tirupati Town, Tirupati Urban Mandal, Chittoor Dist. K. Lokesh Naidu, S/o. Ramalinga Naidu, Aged about 38 years, Occ: Business, R/o. Thimaiahgaripalli, Chitvale Mandal, Y.S.R.Kadapa District, A.P. 12. 13. 14. 15. 16. 17. 18. 19. Contd..3 ::3:: P. Vanaja , W/o. Subramanyam Naidu^ Aged about 58 years, Occ: Household, R/o. D.Nq. 13-6-615M, Peddakapu Lay-out, Tirupati Town, Tirupati Urban Mandal, Chittoor Dist. G. Harshavardhan Naidu, S/o. Venkataramana Naidu, Aged about years, Occ: Business, R/o. Adavikammapalli Mazara, Settypalli Village, Sambaypalli Mandal, Y.S.R. Kadapa District, A.P. P. Bala Hussen Reddy, S/o. Raghurami Reddy, Aged about 41 years, Occ: Business, R/o. D.No. 18-7-42, 1®*^ Floor, Prashanti Nagar, Tirupati Town, Tirupati Urban Mandal, Chittoor District. 22. 23. M. Ramesh Chowdary, S/o. Bojjaiah Naidu, Aged about 49 years, Occ: Business, R/o. D.No. 13-6-600/35/8, Peddakapu Street, Tirupati Town, Tirupati Urban Mandal, Chittoor Dist. 24. K. Rajamma, W/o. K. Nagaraju, Aged about 43 years, Occ: Household, R/o. Kuchivaripalli Village, Kalakada Mandal, Chittoor Dist. 25. Y. Anandbabu, S/o. Ramachandra Naidu, Aged about 46 years, Occ: Business, R/o. Yunduatukure, Cherlopalli Post and Village, Gurumkonda Mandal, Chittoor District. 26. J. Sulochanamma, W/o. Sesaiah Naidu, Aged about 61years, Occ: Household, R/o. D.No. 1/73, Srinivasapuram, Thiruchanooru Road, Tirupati Town, Tirupati Urban Mandal, Chittoor District, A.P. 27. C. Balajaneyulu, S/o. Rama Krishnaiah, Aged about 44 years, Occ: Agriculture, R/o. D.No. 10/294, Balnagar, Railway Koduru Village, Y.S.R. Kadapa District, A.P. 28. G. Padma, W/o. G. C. Darma Rao, Aged about 52 years, Occ: Household, R/o. D.No. 11-6, S.V.Nagar, Tirupati Urban Mandal, Tirupati-2, Chittoor District, A.P. 29. B. Chitty, W/o. Bhaskar Reddy, Aged about 51 years, Occ: Agriculture, R/o. D.No. IIA, Nalanda Nagar, S.V.University Post, TiriJpati Urban- Mandal, Tirupati-2, Chittoor District, A.P. V. Shankar, S/o. V. Venkatsubhaiah, Aged about years, Occ: Agriculture, R/o. B. Kammapalli Village, Bommavaram Post, Obuluvaripalli Mandal, Kadapa District, A.P. 30. Contd..4 / ::4:: M. Madhava Reddy, S/o. Munirathnam Reddy, Aged about 49 years, Occ: Agriculture, R/o. D.No. 26-266, Eruvaram Post and Village, Chittoor Mandal, Chittoor District, A.P. K. Sujatha, W/o. Vijayashankar, Aged about years, Occ: house wife, , R/o. Railway Koduru Kadapa District V. Anuradha, W/o. Suryarao, Aged about 42 years, Occ: Household, R/o. Street No. 108, Floor, R.S. Maadaa Street, Tirupati Town, Tirupati Urban Mandal, Chittoor District, A.P. 31. 32. 33. .. Petitioners/Petitioners 1 to 35 AND The Government of Andhra Pradesh, The Revenue (Assn.IV) Department, Andhra Pradesh Secretariat, at Hyderabad. Represented by its Principal Secretary. The Collector, Chittoor District, at Chittoor, A.P. The Revenue Divisional Officer, Tirupati, A.P. 1. 2. 3. ..Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus challenging action of the respondents in not considering our case for allotment of land on payment of market value of the respective house sites situated in Survey No. 471/1 of Avilala Village, Tirupati Rural Mandal Limits, Chittoor District, A.P pursuant to the recommendation made by the respondents No. 2 and 3 vide proceedings dt. 8- 11-2013 and dated 31.12.2013 to the 1st respondent as arbitrary, unjust, discriminatory, violative of the Fundamental Rights guaranteed Articles-14, 19(1)(e) and the Constitutional Right guaranteed under Article- 300A of the Constitution of India and consequently direct the respondents to allot the house sites on fixation of market value. may under i I.A. NO: 1 OF 2014(WPMP. NO: 33862 OF 20141 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 Respondents to consider petitioner's case for pleased to direct the regularization of house sites situated in Survey No. 471/1 of Avilala Village, Tirupati Rural Mandal Limits, Chittoor District pending disposal of the above Writ Petition. Counsel for the Petitioners 1,2, 8 to 32; SRI N.ASHWANI KUMAR Counsel for the Petitioners 3 to 7; SRI SUBBARAO KORRAPATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: £^2v APHC010127202014 IN THE HIGH COURT OF ANDHRA PRADESH AT AIVIARAVATI (Special Original Jurisdiction) [3206] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 27085/2014 Between: T. Jayaraman, West Mambalam, Chennai & 32 Others and ...PETITIONER(S) Others AND PrI Secy Revenueassn Iv Dept Hyderabad 2 Others and Others Counsel for the Petitioner(S): 1.SUBBA RAO KORRAPATI ...RESPONDENT(S) 2.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.ADDL ADVOCATE GENERAL The Court made the following order: The petitioners herein had purchased various extents of land in Sy. No.471/1 of Avilala Village. The case of the petitioners is that over Ac.4.34 cents of land had been assigned, by proceedings, dated 10.01.1975 to one Sri V. Govindaswamy, who was an ex-service man. Thereafter, the land devolved on his children, on his demise. The children of Sri V. Govindaswamy BSBP- 2 RRR,J W.P.No.27085 of 2014 deeds of sale between the years said to have executed various after making a layout of the land. are 2000-2004 the land on the Authorities sought to resume eligible for the land on the ground that The Revenue 2. ground that Sri V. Govindaswamy was he belongs to ex-service man. The attempt of resumption of land and deprived classes of society and not an said to have resisted this them from the plots purchased by them. petitioners are vacating with the Government, had Divisional Officer, Tirupati, for the plots purchased by them, under The petitioners, in order to buy peace to the Revenue 3. given a representation regularization of their possession over G.O.Ms.No.166, dated 16.02.2008. Government Order issued for the purpose of G.O.Ms.No.166 is a regularizing the encroachments over the land. 4. addressed a Divisional Officer, Tirupati The Revenue 5. of Roc.No.G/4937/2013 to the Collector, Chittoor, by way recommending regularization of the plots in the possession communication dated 08.11.2013 amounts of money under petitioners by collecting necessary of the G.O.Ms.No.166. District Collector, Chittoor, after receipt of the above Principal Secretary of the Government, by 6. The communication, had addressed the ■ r 3 RRR,J W.P.No.27085 of 2014 of proceedings bearing Roc.No.E7/6918/2013, dated 31.12.2013, seeking way instructions for further actions by the Government. / As no further steps were taken by the Government, the petitioners have approached this Court by way of the present Writ Petition, direction to the Government to process the representations and 7. seeking a applications of the petitioners, in terms of G.O,Ms.No.166, dated 16.02.2008, and for a consequential direction for allotment of the house sites on market value. In that view of the matter, this Writ Petition is disposed of, with a respondent to consider the applications of the petitioners, with the communications of the Revenue Divisional Officer and the 8. St direction to the 1 along District Collector in terms of G.O.Ms.No.166, dated 16.02.2008, or any such other G.Os. which would be applicable in terms of regularisation of the said plots. The said exercise to be completed within a period of four (04) months from the date of receipt of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-N. NAGAMMA assistant REGISTRAR SECTION OFFICER , Chittoor District, at Chittoor, A.P. //TRUE COPY// To 2. The Collector 3 jhe Revenue Divisional Officer, Tirupati, A.P. 4. One CC to Sri N Ashwani Kumar, Advocate [OPUC] Subbarao Korrapati, Advocate [OPUC] High Court of Andhra Pradesh. [OUT] 5. One CC to Sri 6. Two CCS to GP for Revenue, 7. Two CD Copies r> A iv/r a HIGH COURT DATED; 10/04/2025 ORDER * 01 MAY 2025 ^ . Current Section . a C9 WP.No.27085 of a2014 DISPOSING OF THE WP WITHOUT COSTS