APHC010202042020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13200/2020 Between: T. Vijaya Lakshmi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE APHC010206432020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13508/2020 Between: T Asha Jyoti and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following Common Order: Since the issue involved in both the writ petitions is the same, the same are disposed of by this common order. 2. The petitioners approached this Court questioning the action of the respondents in threatening to dispossess them from house site pattas issued to them, in respect of land measuring an extent of Ac.0.02 cents each in Sy.No.1703/3 of Gurramkonda Village & Mandal, Chittoor District. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 4. The petitioners claim that they were issued house site pattas for the land measuring an extent of Ac.0.02 cents each in Sy.No.1703/3 of Gurramkonda Village & Mandal, Chittoor District, vide proceedings dated 07.01.2020. Since then, the petitioners state that they have been in peaceful possession and enjoyment without any hindrance. The petitioners also started construction and the same is at basement level. 5. The petitioners contend that on 27.07.2020, staff of the 3rd respondent visited the subject lands along with JCB and attempted to dispossess them. As the respondents tried to dispossess the petitioners without any notice, the present writ petitions are filed. 6. The 3rd respondent filed counter affidavit stating that the land measuring an extent of Acs.12.72 cents in Sy.Nos.3, 4, 5 and 6 of Chittiboyanapalle Village in Gurramkonda Mandal, Chittor District, was identified and proposed to accommodate 611 families selected under Category III of the Indiramma Housing Scheme. The 3rd respondent emphatically contended that the house site pattas issued to the petitioners were based on forged documents. It is stated by the 3rd respondent that there is no Sy.No.1703/3 in Gurramkonda Village and Mandal, Chittor District, and the said village consists up to Sy.No.1102. The 3rd respondent also stated that the Andhra Pradesh State Housing Corporation Limited (for short, the Corporation) had formed a layout in the land measuring an extent of Acs.12.72 cents in Sy.Nos.3, 4, 5 and 6 of Chittiboyanapalle Village, near Gurramkonda Mandal Headquarters, Chittoor District, and that the Corporation had taken up the construction of houses, which were later allotted to the beneficiaries. The 3rd respondent further contended that the petitioners are not beneficiaries under the said Scheme and have encroached the land, which was earmarked for communal use. The 3rd respondent claimed that the petitioners have no bona fide claim and are not entitled to any relief in the present writ petitions. 7. After filing the counter by the 3rd respondent, the petitioners filed amendment application vide I.A.No.1 of 2021, seeking to amend the Survey Number from 1703/3 to Sy.Nos.3/1 to 3, 4/1 to 5, 5/1 to 5, and 6/1 to 4C, situated at Chittiboyanapalle of Gurramkonda Revenue Village & Mandal, Chittoor District. This Court ordered the amendment application on 11.11.2020 and the said amendment is carried. 8. The petitioners filed reply affidavit, contending that the Corporation had formed layouts in Sy.Nos.1703/3, 1703/4 & 6 and 1705/5 in Gurramkonda Town & Mandal, Chittoor District. The petitioners also filed document showing that the Corporation had formed layouts in Sy.Nos.1703, 1705, and 1707 of Gurramkonda Town & Mandal, Chittoor District. In support of their claim, the petitioners have filed house site pattas dated 07.01.2020, which are purportedly issued by the Tahsildar. 9. On the other hand, the respondents denied the validity of the pattas of the petitioners, on the ground that they are fabricated, as the names of the petitioners are not found in the list of beneficiaries under Category 3 of the Indiramma Housing Scheme. The respondents contended that the last survey number in the said village is 1102, whereas the petitioners claim to have been allotted house sites in Sy.No.1703. 10. Be that as it may, the petitioners have also filed a copy of layout formed in Sy.Nos.1703 & 1705 of Gurramkonda Revenue Village & Mandal. On perusal of the same, it is clear that, house site pattas are granted to the eligible beneficiaries after forming a layout in Sy.Nos.1703 and 1705 of Gurramkonda Revenue Village & Mandal. Therefore, the genuineness or otherwise of the house site pattas granted in favour of the petitioners can be ascertained only after conducting a thorough enquiry by the respondents. 11. During the course of hearing, the learned counsel for the petitioners informed this Court that, the petitioner Nos. 2 & 4 in W.P.No.13200 of 2020, were already dispossessed by the respondents and the respondents have constructed Rythu Barosa Kendram and Village Secretariat in the lands allotted to them. As they were dispossessed, they filed a contempt case vide CC No.552/2021, and the same is pending adjudication. 12. In view of the above, both the Writ Petitions are disposed of with the following directions: 1. The respondents are directed to conduct an enquiry with regard to issuance of house site pattas in favor of the petitioners by calling for explanations from them, and after affording an opportunity of being heard, appropriate orders shall be passed, in accordance with law. 2. Till such time, the respondents are directed not to interfere with the possession of the petitioners, except petitioner Nos.2 & 4 in W.P.No.13200 of 2020, over the land admeasuring an extent of Ac.0.02 cents each in Sy.No.1703/3 of Gurramkonda Village & Mandal, Chittoor District. 3. In the enquiry, if it is found that, the petitioner Nos.2 & 4 in WP.No.13200 of 2020 are eligible for grant of house site pattas, the respondents shall consider their cases favorably. 13. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 4th March, 2025 cbn/dsb 59 HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION Nos.13200 and 13508 of 2020 4th March, 2025 cbn/dsb