APHC010360822019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17166/2019 Between: 1. ADDAGARLA LAKSHMI NARASAMMA, W/O. LATE BRAHMAM, AGED ABOUT 65 YRS., OCC . HOUSE HOLD 2. ADDAGARLA GANGARAO,(DIED), S/O. LATE BRAHMAM, AGED ABOUT 50 YRS., OCC . FARMER 3. B. PINISETTI SRIDEVI,, W/O. YESU, AGED ABOUT 38 YRS., OCC . HOUSE HOLD (ALL ARE R/O. D. MUPPAVARAM (V), NIDADAVOLE (M). WEST GODAVARI DISTRICT., A.P). 4. ADDAGARLA SESHAKUMARI, W/O. LATE GANGARAO, AGED ABOUT 47 YRS., OCC HOUSE HOLD, R/O. D. MUPPAVARAM (V), NIDADAVOLE(M), WEST GODAVARI DISTRICT, (NEW EAST GODAVARI DISTRICT), A.P. 5. ADDAGARLA SAI BRAHMAM, S/O. LATE GANGARAO, AGED ABOUT 27 YRS., R/O. D. MUPPAVARAM (V), NIDADAVOLE(M), WEST GODAVARI DISTRICT, (NEW EAST GODAVARI DISTRICT), A.P. PETITIONERS P4 AND P5 ARE BROUGHT ON RECORD AS LR'S OF DECEASED 2ND PETITIONER AS PER COURT'S ORDER DT. 11.08.2025 IN IA.NO. 1 OF 2023. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 2. THE STATE OF ANDHRA PRADESH, , REP. BY IT'S PRL.SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ELURU, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, NIDADAVOLE (M), WEST GODAVARI DISTRICT. 5. THE GRAMA PANCHAYAT, KALAVACHARLA, NIDADAVOLE (M), WEST GODAVARI DISTRICT REP. BY IT'S PANCHAYAT SECRETARY ...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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in passing the impugned order Dt. - Nil - in taking the possession of the petitioners subject patta land in S.No. 126/2 an extent of Ac.1.04 cents and Ac. 0.50 cents of petitioners 1,2 and 3 respectively situated in Kalavacharla Gram Panchayat, Nidadavole (M), West Godavari District and consequential order/resolution of Gram Sabha passed by the 5th respondent, Dt. 16.10.2019 allotting the subject land in S.No. 126/2 an extent of Ac.1.04 cents and Ac. 0.50 cents of petitioners 1,2 and 3 respectively situated in Kalavacharla Gram Panchayat, Nidadavole (M), West Godavari District to the eligible persons by way of pattas as bad, illegal, improper, violation of Articles 19 and 300A of the constitution of India and apart from violation of principles of natural justice and consequently setaside the same IA NO: 1 OF 2019 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 stay all further proceedings of impugned notice of the 4th respondent Dt. -Nil- and consequential order/resolution of Gram Sabha of the 5th respondent Dt. 16.10.2019 pending disposal of the main writ petition IA NO: 1 OF 2023 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 3 Pleased to allow the LR Petition ordering to bring the proposed LRs on record as petitioners 4 and 5 in WP No. 17166 of 2019 and to pass IA NO: 1 OF 2024 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 grant leave to the petitioner herein /respondent No.5 in WP.No.17166 of 2019tofile counter affidavit in the above writ petition Counsel for the Petitioner(S): 1. I K ANNAPURNA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. . 4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.17166 OF 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in passing the impugned order Dt.-Nil- in taking the possession of the petitioners subject patta land in S.No.126/2 an extent of Ac.1.04 cents and Ac.0.50 cents of petitioners 1, 2 and 3 respectively situated in Kalavacharla Gram Panchayat, Nidadavole MANDAL, West Godavari District and consequential order/resolution of Gram Sabha passed by the 5th respondent Dt.16.10.2019 allotting the subject land in S.No.126/2 an extent of Ac.1.04 cents and Ac.0.50 cents of petitioners 1, 2 and 3 respectively situated in Kalavacharla Gram Panchayat, Nidadavole (M), West Godavari District to the eligible persons by way of pattas as bad, illegal, improper, violation of Articles 19 and 300-A of the constitution of India and apart from violation of principles of natural justice and consequently set aside the same and to pass such other order or orders…...” 2. Heard learned counsel for petitioners, learned Government Pleader for Panchayat Raj and Rural Development, learned Government Pleader for Revenue and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the pattadars and possessors of the land admeasuring to an extent of Ac.1.04 cents and Ac.0.50 cents in Sy.No.126/2 situated at Kalavacharla Gram Panchayat, Nidadavole Mandal, West Godavari District, having acquired the same through two separate title deeds dated 22.02.2002 and 10.02.2005. for which, the revenue authorities issued pattadar pass books and title deeds holding 5 that the petitioners herein are the pattadar and possessors in respect of the subject land. While so, without issuing any notice and without following due procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short ‘Act 30 of 2013’), the respondents are taking steps to take over the subject land and to distribute the same to the landlords poor persons by way of pattas under the scheme of Navaratnalu, which is in violation of the Article 19, 21 and 300-A of the Constitution of India. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for Gram Panchayat appearing for respondent No.5 filed counter affidavit wherein, it is stated as follows: “It is submitted that under the flagship programme of Government of Andhra Pradesh has launched „Navarathnalu Pedalandariki illu' with a direction to provide House sites Pattas to the landless poor people. Therefore the subject land has been allotted to the poorer under the scheme Navarathnalu Pedalandariki illu. Therefore, the revenue department is the concerned authority for the allotment of land and Gram Panchayat is no way concerned with it. Though the Gram Panchayat has passed resolution no.21 dated 16.10.2019 for the allotment of subject land to the poorer, since there is a proposal for the for the allotment by the revenue department but not yet initiated. However, the Gram Panchayat has no role and no way concerned for the allotment of land under the scheme Navarathnalu Pedalandariki illu. Therefore, now the land allotment has been stopped and not yet initiated. However the Revenue department is the concerned department with regard to the subject matter.” 6 5. Learned Government Pleader appearing for the respondent No.4 also filed counter, wherein it is stated as follows: “It is further submitted that as per the Instructions of superior officers the Tahsildars are in search of lands to allot the same to the beneficiaries eligible for house sites. In this connection, the then Tahsildar of Nidadvole found the above said land is Government Land and the same was assigned and the assignee has violated the conditions and if the same is allotted to the beneficiaries the very purpose of the Government would be served. Accordingly the then Tahsildar, Nidadavole issued notices to the occupants as per the provisions under POT Act 9 of 1977 as Form No.1 and Form No.II. It is further submitted that the Government of Andhra Pradesh passed order to search landed property to allot the same to Weaker Sections under the Scheme Of ANDARIKI ILLU in NAVARATNALU. Accordingly the Government of Andhra Pradesh passed orders to the Tahsildars through District Collector to search availability of the Government land. In this connection, the then Tahsildar observed the land which is not in use of beneficiaries as per the procedure contemplated in the patta. It is further submitted that said land belongs to Government only and if the same is resumed from the occupants, the same may be used for the allotment of house sites to weaker section people as well as the previous beneficiaries also entitled for the allotment of the same if they are entitled for the allotment of house sites. Therefore, the petitioners are no way concerned with the land and said land was assigned to Kadimicharla Pullayya and his successors, who are not in possession of said land. It is further stated that the subject land was classified as Government land and originally the same was assigned to the assignee who in turn in violation of the 7 terms of the assignment alienated the subject property in favour of the petitioners herein, which is contrary to the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (in short ‘Act 9 of 1977’) and they were issued Form-I&II notices as required for resuming the subject land by the Government. Therefore, in view of the violation of the conditions of the assignment by the original assignee, the petitioners who acquired the property are not entitled to hold the subject property, contrary to the provision of the Act 9 of 1977. However, the respondents would follow due procedure as contemplated under the Act. 6. Considering the submissions made by the learned counsel for the petitioners, learned Standing counsel for Gram Panchayat and learned Government Pleader for Panchayat Raj and Rural development for the respondents and on perusal of the material placed on record, it is observed that the petitioners herein acquired the subject property through two separate registered title deeds in the year 2002 and 2005. Considering their acquisition, the petitioners were also issued pattadar pass books and title deeds holding that they are the pattadars and possessors of the subject land. As contended by the learned counsel for the petitioners since the petitioners are the bonafide purchasers and acquired the subject property through registered title deeds and having possessed the pattadar pass books and title deeds duly issued by revenue authorities, they cannot be dispossessed without following due process of law on the guise of the subject land is assigned land. As contended by the learned counsel for respondent No.4, the subject land is assigned land which was assigned originally to Sri Kadimicharla Pullayya. Contrary to the said assignment, he alienated the subject property in favour of the petitioners in violation of provisions of the Act 9 of 1977 is 8 valid and sustainable. It is further stated that the authorities issued Form-I & II notices to the original assignee as well as to the petitioners herein but the same were not filed herewith to prove that the said notices were served upon the original assignee as well as the petitioners herein. 7. In view of the foregoing discussion and on perusal of the material placed, the present writ petition is disposed of, with the following directions: i) Respondent No.4 is at liberty to proceed further in compliance to the provisions of the Act 9 of 1977 and take over the subject lands if the same were acquired in contravention of the provisions of the Act 9 of 1977. ii) However, if the subject lands are still in possession of the petitioners, the respondents are at liberty to proceed further for resumption of the land by following due procedure as contemplated under the Act 9 of 1977. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:10.09.2025 BSP 9 115 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.17166 OF 2019 DATED:10.09.2025 BSP