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2025 DAILYLAW 22868 (AP)

R VENKATA DURGARAO v. THE STATE OF ANDHRA PRADESH

WP/16105/2025 · 2025-07-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010322662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16105 OF 2025 Between: R Venkata Durgarao, S/o. Suribabu, Aged about 41 years, Occ: Army Personnel, R/o. H.No.3-18, Karumuru Village, Replle Mandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. District Collector, Bapatia District, Bapatia 3. Revenue Divisional Officer, Bapatia District, Bapatia 4. Tahsildar, Nizampatnam Mandal Guntur District. 5. District Sainik Welfare Officer, at Guntur. Guntur District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of 4 Respondent in not implementing the vide proceedings L.Dis.No.1116/2022-E3, dated, 19.03.2022 of 2nd respondent for the allotment of Government agricultural land respectively in Sy.No.853 admeasuring an extent of Ac.5.00 cents of Adavuia Deevi Village in Nizampatnam Mandal in Guntur District under ex- servicemen quota as per the G.O.Ms.No.743, dated 30.04.1963 is illegal, irregular, amounts to non-discharge of legal obligations conferred on them and offends Articles 14, 21 and 300-A of Constitution of India, and consequently direct the respondents to grant assignment of government land covered by Sy.No.853 admeasuring an extent of Ac.5.00 cents of Adavuia Deevi Village in Nizampatnam Mandal in Guntur District in favour of the petitioner in terms of G.O.Ms.No.743, dated 30.04.1963. lA NO: 1 OF 2025 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 pleased to direct the 4th respondents to consider and implementing the vide proceedings L.Dis.No.1116/2022-E3,dated,19.03.2022 of 2nd respondent for the allotment of Government agricultural land respectively in Sy.No.853 admeasuring an extent of Ac.5.00 cents of Adavuia Deevi Village in Nizampatnam Mandal in Guntur District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PATHURI SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following order: • • X • • APHC010322662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16105/2025 Between: 1.R VENKATA DURGARAO, , S/0. SURIBABU, AGED ABOUT 41 YEARS, OCC. ARMY PERSONNEL, R/0. H.NO.3-18, KARUMURU VILLAGE, REPLLE MANUAL, DISTRICT. GUNTUR ...PETITIONER AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI DISTRICT. 2.DISTRICT COLLECTOR, BAPATIA DISTRICT, BAPATLA 3.REVENUE DIVISIONAL OFFICER, BAPATLA DISTRICT, BAPATLA 4 TAHSILDAR, , NIZAMPATNAM MANUAL GUNTUR DISTRICT. 5.DISTRICT SAINIK WELFARE OFFICER, AT GUNTUR. GUNTUR DISTRICT AMARAVATHI, GUNTUR ...RESPONDENT{S): This Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: 1. “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of 4 Respondent in proceedings 2ND of Government not iniplementing the vide L Dis. No. 1116/2022-E3, dated, 19.03.2022 of respondent for the allotment 2 agricultural admeasuring an extent of Ac.5.00 cents of Adavula Deevi Village in Nizampatnam Mandal in District under ex-servicemen quota as per the G.O.Ms.No.743, dated 30.04.1963 is illegal, irregular, amounts to non-discharge of legal obligations conferred on them and offends Articles 14, 21 and 300- A of Constitution of India, and consequently direct the respondents to grant assignment of government land covered by Sy.No.853 admeasuring an extent of Ac.5.00 land respectively in Sy.No.853 Guntur cents of Adavula Deevi Village In Nizampatnam Mandal in Guntur District in favour of the petitioner in terms of G.O.Ms.No.743, dated 30.04.1963 and pass 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner, an ex-serviceman, submitted an application to the 5*^ respondent seeking for allotment of agricultural land admeasuring to an extent of Ac.5.00 cents in Sy. No. 853, situated at Adavula Deevi Village in Nizampatnam Mandal in Guntur District, under the servicemen quota. The 5‘^ respondent, after examining the eligibility of the petitioner in accordance with G.O.Ms.No.743, dated 30.04.1963, submitted a detailed report to the 2"^ respondent recommending allotment of the said land, vide a letter dated 20.12.2021. Upon receipt of the report from the 5^'^ respondent, the 2^^^ respondent directed the ex- . 3 4^*^ respondent, vide proceedings No.L.Dis.No.1116/2022-E3, dated 19.03.2022, to take necessary action as per the rules for allotment of government land in favour of the petitioner. However, despite receipt of the said direction, the 4^^ respondent has not taken any action so far for allotment of the government land in favour of the petitioner. Hence, the present Writ Petition. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the official respondents, submits that the 4*^ respondent will consider the proceedings issued by the 2 respondent, dated 19.03.2022, which were based on the detailed report submitted by the respondent pursuant to the application submitted by the petitioner, and pass an appropriate order in accordance with law within a reasonable time. 4. nd 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and on perusal of the material placed on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the 4*'' respondent to consider the proceedings issued by respondent, dated 19.03.2022, pursuant to the application submitted by the petitioner seeking for allotment of agricultural land under the ex-servicemen quota, as per the terms of G.O.Ms.No.743, nd the 2 4 dated 30.04.1963, and pass an appropriate order in accordance with law within a period of two (02) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. Sd/- K. TATA RAO DEPUTY registrar^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District, Bapatia 3. The Revenue Divisional Officer, Bapatia District, Bapatia 4. TheTahsildar, Nizampatnam Mandal Guntur District. 5. The District Sainik Welfare Officer, at Guntur, Guntur District 6. One CC to Sri Pathuri Srinivas, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies Revenue Department TF HIGH COURT DATED:08/07/2025 ORDER WP NO. 16105 OF 2025 ^ 0 2 AUG 2025 to iirentSectii it iJ.S DISPOSING OF THE W.P., WITHOUT COSTS