Extracted from the PDF above. The PDF is authoritative.
APHC010145512025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7524/2025 Between: A. Srinivasulu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. M.S.BANU PRASAD RAO Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue an appropriate Writ Order or direction more particularly one in nature of writ of mandamus to declare the inaction of the Respondent authorities more particularly respondent no.4 in handing over the House sites bearing no 02,03,04,05,06 in respect of 279/3 house site Bearing no.05 in respect of survey no.279/5 in vasanthapuram Revenue Village, Gudipalla Mandal having issued house site pattas to
the petitioners as illegal arbitrary and violative of the Article 300A and Article 21 of the Constitution of India and Consequently direct the respondent no.4 to do the Physical Handover of the respective house sites of the petitioner in Plots No.02,03,04,05,06 In respect of 279/3 house site Bearing no.05 in respect of survey no.279/6 in vasanthapuram Revenue Village, Gudipalla Mandal, pending disposal of the above Writ Petition and to pass such other order or orders...”
1. The learned counsel for the petitioners submits that the petitioners were granted house site pattas bearing Nos. 2, 3, 4, 5, and 6 in respect of Sy. No. 279/3, and house site patta bearing No. 5 in respect of Sy. No. 279/5 in Vasanthapuram Revenue Village, Gudipalla Mandal. Although the house site pattas were granted to the petitioners on 12.09.2023 and 27.01.2024, they have not been handed over physical possession of the same till date. For which the petitioners submitted a representation dated 19.08.2024 to the 4th respondent, requesting for handing over of the subject house site pattas. However, despite receiving the representation of the petitioners dated 19.08.2024, the respondents authorities have neither considered nor handed over physical possession of the house site pattas to the petitioners. Hence, the present writ petition. 2.
On the other hand, the learned Assistant Government furnished written instructions dated 25.03.2025, wherein it is stated as follows:- (3) It is submitted that the layout was plotted with 11 houses site pattas in Sy.No.279/3 and 6
house site pattas in Sy.No.279/5, but on filed layout was not formed and the land was not reclaimed till date, as of now, the land is extended as Gutta on the field. (4) It is submitted that the State Government had taken up reverification of genuineness house site pattas granted under Navaratnalu house site distribution scheme. (5) It is submitted that to this Hon’ble authority that after the completion of reverifcation, if the beneficiaries are found genuine the house sites in Sy.No.279/3 and Sy.No.279/5 will be handed over to the writ petitioners. 3. He further submits that, in view of the written instructions mentioned above, the respondents are taking steps to conduct an enquiry. After completion of the enquiry, if it is found that the house site pattas assigned to the petitioners are genuine, the respondents authorities will hand over possession of their respective house site pattas. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 5. Having considered the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, it is observed that the petitioners were granted house site pattas in Sy. No. 279/3 and Sy. No. 279/5 by the competent authority during the years 2023–2024. It is also observed that, except of issuing patta proceedings, the respondents authorities were not handed over the
physical possession of their respective house site pattas as per the terms of the patta granted to them. Furthermore, on perusal of the written instructions submitted by the respondents, it is observed that the genuineness of the pattas granted to the petitioners is under enquiry.
On completion of the enquiry, the pattas are found to be genuine, the claim of the petitioners should be considered in accordance with the law. 6. In view of the reasons stated above, the respondents are directed to complete the entire enquiry, as stated above, within a period of four (04) months from the date of receipt of copy of this order. Upon completion of the enquiry, if the pattas of the petitioners were found genuine, they should be handed over the possession of their respective plots. If otherwise, the respondents are further directed to follow the due procedure as contemplated under the Act. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 25.03.2025 klk
98 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7524 of 2025
25.03.2025 kkllkk