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2025 DAILYLAW 2447 (AP)

KODURI NAGESWARA RAO v. STATE OF AP

WP/240/2021 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010003472021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 240/2021 Between: 1. KODURI NAGESWARA RAO, S/O VENKATA RAO AGE. 69, H.NO.2-147, GOPAVARAM VILLAGE, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPT. SECRETARIAT, VELAGAPUDI, AMARAVATHI 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, KOVVUR REVENUE DIVISION, WEST GODAVARI DISTRICT 4. THE TAHASILDAR, GOPALAPURAM MANDAL, WEST GODAVARI DISTRICT ...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 toto issue an order or direction, more particularly, one in the nature of Writ of Mandamus by declaring the Respondents action in proposing to assign house site plots to the poor under the scheme of NAVARATNALU PEDALANDIRIKI ILLU in the land situated in R.S.Nos.929 and 935 of Gopalapuram Village, Gopalapuram Mandal, West Godavari District, as illegal, arbitrary and in violation of Articles 14, 2 21 and 300A of Constitution of India and is contrary to Board of Standing orders and Panchayati Raj Act and consequently, directing the Respondents to abstain from allotting the land situated in R.S.Nos.929 and 935 of Gopalapuram Village as house site plots to the poor and pass IA NO: 1 OF 2021 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 Respondents not to assign house site plots to the poor situated in R.S. No. 929 and 935 of Gopalapuram Village, Gopalapuram Mandal, West Godavari District under the scheme of NAVARATNALU PEDALANDIRIKI ILLU and pass. Counsel for the Petitioner: 1. PARIMI RAMA RAYUDU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of respondents in proposing to assign house site plots to the poor under the scheme of ‘Navaratnalu Pedalandariki Illu in the land situated in R.S.Nos.929 and 935 of Gopalapuram village, Gopalapuram Mandal, West Godavari District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 24.09.2025 submits that the land in an extent of Ac.0.80 cents in R.S.No.935 was converted into a layout for 30 plots and allotted to 30 beneficiaries of Gopavaram village H/o Gangolu village of Gopalapuram Mandal and vacant land for an extent of Ac.0.90 cents in R.S.No.929 also converted into layout of 31 plots and allotted 31 beneficiaries of Gopavaram Village H/o Gangolu village, Gopalapuram Mandal. The petitioner filed this writ petition contending that the land in an extent of Ac.1.35 cents in R.S.No.935 is punta land. 4. In view of the interim order of this court dated 06.01.2021 the subject land in an extent of Ac.0.80 cents in Sy.No.935 was excluded for allotting house sites to the weaker section people. The land in R.S.No.929 of Gopavaram H/o Saggonda village of Gopalapuram 4 Mandal is classified as Gramakantam. The Tahsildar, Gopalapuram has issued house site pattas to the beneficiaries for an extent of Ac.0.015 cents only. But in view of the Interim orders of the Hon’ble High Court in W.P. (PIL) No.185 of 2023 dated 28.02.2024 the constructions were stopped in the schedule land in R.S.No.929. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.0.80 cents in R.S.No.935 and Ac.0.015 cents in R.S.No.929 strictly in accordance with law, if so warranted for any public purpose and if not already used by now for the above said public purpose of house sites. The written instructions of the 4th respondent dated 24.09.2025 shall be made as part of the court record. 6. Accordingly, the writ petition is disposed of. Interim order if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.09.2025 NNN