APHC010153342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7945/2025 Between: Mekala Chandraiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7945/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, direction order or orders more particularly one in the nature of writ of MANDAMUS declaring the inaction of the respondents in not distributing the Government lands i.e., an extent of Ac.139.65 cents in Sy.No.667/1, Ac.100.00 cents in Sy.No/667/2, Ac.15.18 cents in Sy.No.1038, Ac.39.82 cents in Sy.No.1064, Ac.130.65 cents in Sy.No.1065 and Ac.355.11 cents in Sy.No.1221-1286 of Ankulapatur Village, Chillakur Mandal, Tirupati District to the petitioners and other land less poor persons of Ankulapatur Village, Chillakur mandal, Tirupati District and in not removing the encroachments over the said lands in spite of the order passed by the 2nd respondent vide proceedings in D.Dis.El/352/2022, dated 20.06.2023 as illegal, arbitrary, irresponsible, unjust against to the principles of natural justice apart from being violative of Article 14 and 21 of the constitution of India and consequentially direct the respondents to allot the above lands to the petitioners and other landless persons in Ankulapatur Village, Chillakur mandal, Tirupati District by removing the encroachments made there on as per the order passed by the 2nd respondent vide proceedings in D.Dis.El/352/2022 dated 20.06.2023 in the interest of justice and pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are eligible persons for assignment of subject lands under land less poor category. Pursuant to their representations and their eligibility, the respondent authorities processed the representations/ applications submitted by the petitioners seeking for grant of the subject lands under land less poor category. Even though, steps were initiated and concluded, the petitioners were not considered. Thereafter, the petitioners herein approached this Court by way of filing a writ petition i.e., W.P.No.11789 of 2022 for consideration of their claim for alienation of the subject land by way of D-Form pattas in their favour basing on their eligibility, wherein, this Court was pleased to pass an order dated 22.06.2022. The operative portion of the said order reads as follows: “Considering the submissions made by both the counsels and on a perusal of the record, there shall be a direction to the 4th respondent to consider the said representation dated 12.04.2022 and send report to the District Collector i.e., the competent authority, after perusing the concerned records, within a period of four (04) weeks from the date of receipt of a copy of this order. Thereafter, the 2nd respondent is directed to pass appropriate orders within a period of two (02) months from the date of receipt of a copy of this order and communicate the same to the petitioners.” 4. On perusal of the said order, it is evident that this Court specifically directed the respondent authorities to consider the representation submitted by the petitioners and take steps for alienation of the subject property in their favour by removing the illegal encroachments if any. Pursuant to the same, the 2nd respondent issued proceedings dated 20.06.2023 directing authorities concerned to enquire the eligibility of the local land less poor persons along with petitioners for grant of assignment of Government land in their favour under land less poor category and to remove encroachments if any. The operative portion of the said order is extracted hereunder: “As per the directions of the Hon’ble High Court vide order dated 22.06.2022, this office has issued notices to the writ petitioners giving an opportunity of hearing and conducted enquiry, wherein, the petitioners have attended and stated to remove the encroachments and to grant DKT pattas to the local villagers for their livelihood. In view of the above, the Tahsildar, Chiillakur is hereby ordered to enquire the eligibility of the local land less poor persons along with the writ petitioners for grant of assignment of Government land in accordance with BSO.15 and Government Rules and also to evict all the encroachments reported vide 2nd reference cited in accordance with Andhra Pradesh Land Encroachment Act, 1905. Further, the Tahsildar, Chillakur is directed to place the list of beneficiaries for getting approval in the assignment review committee by following due process subject to eligibility.” 5. Even after issuance of such proceedings by the 2nd respondent so far the respondent No.4 neither taken any steps nor issued proceedings in favour of the petitioners. Hence, the writ petition. 6. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 27.03.2025 issued by respondent No.4, wherein, the relevant portion of the said instructions reads as follows: “In the instant case, the Tahsildar, Chillakur identified the beneficiaries with reference to the enjoyment and also eligibility and prepared the list of eligible beneficiaries. If the Government announced the land distribution program, the respondents herein initiated action for grant of assignment pattas to the eligible families in accordance with BSO-15, subject to their eligibility. The writ petitions without waiting till the date of decision by the authorities filed this Wirt petition before this Court.” 7. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record as well as written instructions submitted by respondent No.4, it is clear that the respondents are taking steps for redressing the claim of the petitioners according to their eligibility and also by considering their enjoyment over the subject land, who are in possession of the property and requested some more time to complete the entire exercise as directed by this Court as well as respondent No.2 vide proceedings dated 20.06.2023. 8. In view of the reasons stated above, this court is of the considered view that the present writ petition can be disposed of, directing respondent Nos.2 to 4 to complete the entire exercise as directed by this Court vide its order dated 22.06.2022 as well as proceedings dated 20.06.2023 issued by respondent No.2 and as per the eligibility of the petitioners, in accordance with law, more particularly, within a period of six (06) months from the date of receipt of a copy of this order. 9. With the above directions, 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 03.04.2025 BSP 75 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7945 of 2025 03.04.2025 BSP