Extracted from the PDF above. The PDF is authoritative.
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APHC010202502025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10250/2025 Between: B. Sreedevi, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K RAGHU VEER
Counsel for the Respondent(S):
1. GP FOR REVENUE
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10250/2025
This 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 a Writ of Mandamus, challenging the action of the Respondents in to assigning/allotting house site plots in Sy.Nos.3 and 4 of Baireddypalle Village and Mandal, Chittoor District to an extent of Ac.0-4600 cents which was classified as Rashta as illegal, arbitrary and violation of Board Standing Orders 15(2), principles of natural justice and contrary to the Board Standing Orders and consequently direct the respondents not to take up any constructions on the Rastha in Sy.Nos.3 and 4 of Baireddypalle Village and Mandal, Chittoor District and pass…”
2.
Learned counsel for the Petitioner submits that the Respondent Authorities are trying to convert the land in Sy.Nos.3 and 4 of Baireddypalle Village and Mandal, Chittoor District which was classified as “Rashta” into house sites which is contrary to the Board Standing
Order No.15(2) and without observing the principles of natural justice.
Learned counsel further submits that once the land earmarked / classified for a specific public purpose i.e., road or community purpose,
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the nature of the subject land cannot be changed by the Respondent Authorities except by the 1st Respondent. But in the instant case Respondent Nos.4 and 5 are trying to convert the subject land into house sites, which is contrary to law. 3. On the other hand, learned Government Pleader for Revenue furnished the written instructions dated 21.04.2025 issued by the 4th Respondent which reads thus:
“2) I submit that, the present Writ Petitioner is having agriculture lands towards the East side of the subjected Govt. lands, and the Writ Petitioner occupied certain extent in the above Govt. lands i.e., Sy.No.03 and on 09.04.2025 the 4th Respondent evicted the Writ Petitioner from the encroachment. Hence, there an extent of 0.46 cents of Govt. land available besides the Petitioner’s Agriculture lands, which is very adjoining to maid road which leads to MPDO’s office. Hence, the present Writ Petitioner filed this petitioner before this Hon’ble High Court with a prayer to direct the respondents to not to issue any House site pattas in the above Govt. Land. 3) I further submit that, the subjected lands are Govt. lands and Objectionable Porambokes. Hence, the respondents are not taking any steps to issue of house site Pattas in the subjected lands i.e., Sy.No.3, Extent 0.46 cents of Baireddipalle Village is classified as
“Govt. Poramboke” – Rastha” and the lands in Sy.No.4, Extent 0.42 cents of Baireddipalle Village is classified as “Govt. Poramboke” – High Road”. The Village accounts are enclosed herewith for kind perusal.”
4. Considering the submissions of both the learned counsels and on perusal of the written instructions issued by the 4th respondent, it is clear and categorical that the respondents are not taking any steps for converting the subject land which is meant for Rastha for allotting house
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sites as alleged by the Petitioner. It is only an apprehension on the part of the Petitioner and as such, in view of clear and categorical statement submitted by the 4th Respondent, no further orders are necessary addressing the grievance of the Petitioner since the grievance of the petitioner is only an apprehension. 5. With the above observations, the Writ Petition is disposed of. No costs. As a sequel, interlocutory applications, if any pending, shall stand closed.
______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Dt: 22.04.2025 krk
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
80
WRIT PETITION NO: 10250/2025
22.04.2025 krk