APHC010327512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16657/2025 Between: 1. MADIGA RANGAMMA, W/O M.YELLAPPA, AGED 65 YEARS, OCC HOUSE WIFE, R/O SC COLONY, CLIINNAHULTHI, PATHIKONDA MANDAL, KUMOOL DISTRICT 2. MADIGA CHANDRIKA, C/O. A.HARINATH, AGED 21 YEARS, OCC HOUSE WIFE, R/O SC COLONY, CHINNAHULTHI, PATHIKONDA MANDAL, KUMOOL DISTRICT 3. MADIGA SUSHEELAMMA, W/O M.SUDHAKAR, AGED 42 YEARS, OCC HOUSE WIFE, R/O SC COLONY, CHINNAHULTHI PATHIKONDA MANDAL, KUMOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, PATHIKONDA, KURNOOL DISTRICT 4. THE TAHSILDHAR, PATHIKONDA, KURNOOL DISTRICT 5. THE CHINNAHULTHI GRAM PANCHAYATH, REP BY IT'S PANCHAYATH SECRETARY, PATHIKONDA MANDAL, KUMOOL DISTRICT 2 ...RESPONDENT(S): 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 topleased to issue a Writ, order or direction more particularly ope in nature of Writ of Mandamus declaring the action on the part of Officials of Respondents 3 to 5 in issuing directions to Petitioners to vacate from their respective Housing Plots bearing respective Plot Numbers 154, 153, 152 respectively admeasuring an extent of 1 1/2 Cents in Survey Number 130-2 situated at Chinnahulthi Village, Pathikonda Mandal, Kumool District as illegal, arbitrary, against principles of natural justice and consequently direct the Respondents 2 to 5 to not to dispossess the Petitioners from their Housing Plots bearing respective Plot Numbers 154, 153, 152 respectively admeasuring an extent of 1 V2 Cents in Survey Number 130-2 situated at Chinnahulthi Village, Pathikonda Mandal, Kumool District without following due process of law IA 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 pleased to direct the Respondents 3 to 5 to not to dispossess the Petitioners from their Housing Plots bearing respective Plot Numbers 154, 153, 152 respectively admeasuring an extent of 1 14 Cents in Survey Number 130-2 situated at Chinnahulthi Village, Pathikonda Mandal, Kumool District without following due process of law Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16657/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of Officials of respondent Nos.3 to 5 in issuing directions to petitioners to vacate from their respective Housing Plots bearing respective Plot Numbers 154, 153, 152 respectively admeasuring an extent of 1 ½ Cents in Survey Number 130-2 situated at Chinnahulthi Village, Pathikonda Mandal, Kurnool District as illegal, arbitrary, against principles of natural justice and consequently direct the Respondent Nos.2 to 5 to not to dispossess the Petitioners from their Housing Plots bearing respective Plot Numbers 154, 153, 152 respectively admeasuring an extent of 1 ½ Cents in Survey Number 130-2 situated at Chinnahulthi Village, Pathikonda Mandal, Kurnool District without following due process of law and pass such other order.” 2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners were allotted house plots bearing Nos.154, 153 and 152 under the category of houseless poor persons. While so, without issuing any notice and without following due process of law, the respondents are trying to grab the petitioners’ plots. Hence, the present Writ Petition. 4 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 07.07.2025 issued by the 4th respondent, wherein it is stated as follows: “Upon examination of office records, it has come to light that the then Tahsildar of the concerned Mandal had manually sanctioned house site pattas on said vacant public utility plots to the following individuals: 1) Mrs. Madiga Susheelamma, W/o.Sudhakar – Plot No.152, Extent:0.01 acres 2) Mrs. Madiga Chandramma, W/o.Harinadha – Plot No.153, Extent: 0.01 acres 3) Mrs.Madiga Rangamma, W/o.Yellappa – Plot No.154, Extent: 0.01 acres These allotments were allegedly carried out without due approval from the Panchayat Department and are found to be contrary to the intended layout plan, in which such lands were clearly designated for public amenities. Hence, there exists a prima facie violation of government norms, policies, and land use regulations governing the Jagananna Housing Scheme. The said actions may constitute unauthorized occupation and misuse of public land, potentially attracting legal consequences under applicable revenue and land management law.” 5. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the written instructions 5 furnished by the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not to dispossess the petitioners from the subject properties, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.07.2025 TTPPSS 6 327 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16657/2025 09.07.2025 TTPPSS