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2025 DAILYLAW 26008 (AP)

Puligunta Ramesh v. The State of Andhra Pradesh,

WP/18398/2025 · 2025-07-20

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010366862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18398 OF 2025 Between: 1. Puligunta Ramesh, S/o. Malyadri Aged about 40 years 2. Puligunta Malyadri, S/o.Ratnam, Aged about 75 years. Both are R/o.Chundi Village, V.V.Palem Mandal SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Velagapudi, Thullur Mandal, District, A.P. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, Kandukur, SPSR Nellore District. The Tahsildar, Valetivaripalem Mandal, SPSR Nellore District. The Gram Panchayat, Chundi, Valetivaripalem Mandal, SPSR Nellore District, Rep. by its Secretary Kamineni Veeraiah, S/o.Chenchaiah, Kamineni China Malyadri, S/o.Ankaiah, Kamineni Bangaru Ankappa Naidu, S/o.Ranga Swamy, Kamineni Bangaru Srinivasulu, S/o.Ranga Swamy, 2. 3. 4. 5. 6. 7. 8. 9. Respondents 5 to 9 are R/o.Chundi Village, Valetivaripalem Mandal SPSR Nellore 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 action of the 4th Respondent in trying to give House sites for the landless poor persons including the Respondents 6 to 9 herein, in the land of the Petitioners, situated in Sy.No.70/2, Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, as illegal, arbitrary, without jurisdiction and violation of principles of natural justice, consequently direct the 4th respondent not to give House sites in the Petitioners land in Sy.No.70/2 of Chundi Village, Valetivaripalem Mandal, SPSR Nellore District 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 may be pleased to pass orders, directing the Respondent No.4 not to give House sites in the Petitioners’ land in Sy.No.70/2 of Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, pending disposal of the main writ petition Counsel for the Petitioners: SRI VENKATESWARLU KOLLA Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following order: APHC010366862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18398/2025 Between; 1 .PULIGUNTA RAMESH, . S/O.MALYADRI AGED ABOUT 40 YEARS, 2.PULIGUNTA MALYADRI,, S/O.RATNAM, AGED ABOUT 75 YEARS, BOTH ARE R/O.CHUNDI VILLAGE, V.V.PALEM MANDAL SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATI, VELAGAPUDI, THULLUR MANDAL, SECRETARY, VELAGAPUDI, DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, KANDUKUR, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, VALETIVARIPALEM MANDAL, SPSR NELLORE DISTRICT. 5.THE GRAM PANCHAYAT, CHUNDI, VALETIVARIPALEM MANDAL, SPSR NELLORE DISTRICT, REP. BY ITS SECRETARY 6.KAMINENI VEERAIAH, S/O.CHENCHAIAH, 7.KAMINENI CHINA MALYADRI, S/O.ANKAIAH, 2 8.KAMINENI BANGARU ANKAPPA NAIDU, S/O.RANGA SWAMY. 9.KAMINEN1 BANGARU SRINIVASULU, S/O.RANGA SWAMY, RESPONDENTS 5 TO 9 ARE R/O.CHUNDI VILLAGE, VALETIVARIPALEM MANDAL SPSR NELLORE 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 to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in trying to give House sites for the landless poor persons including the Respondents 6 to 9 herein, in the land of the Petitioners, situated in Sy.No.70/2, Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, as illegal, arbitrary, without jurisdiction and violation of principles of natural justice, consequently direct the 4th respondent not to give House sites in the Petitioners land in Sy.No.70/2 of Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, and pass 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 pass orders, directing the Respondent No.4 not to give House sites in the Petitioners’ land in Sy.No.70/2 of Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, pending disposal of the main writ petition, and pass Counsel for the Petitioner(S); 1.VENKATESWARLU KOLLA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER; Heard Sri Kolia Venkateswarlu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 4 and learned standing counsel for 5^^ respondent. Notice in respect of 6 to 9 is dispensed with since no adverse order is passed affecting their rights and interests. 3 The grievance of the petitioners is that the 4*'^ respondent is attempting to issue house site pattas to the landless poor, including respondents 6 to 9 herein 2. in Sy.No.70/2 of Chundi Village, Valetivaripalem Mandal, SPSR Nellore District, in respect of the land belonging to the petitioners, as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner has an extent of 3702 Sq.yards in Sy. No.70/2, got the same under a Settlement Deed dated 18.01.2024 executed by one Kamineni Venkata Prasad. The 2 petitioner got an extent of Ac.1-00 cents in Sy.No.70/2from one Kamineni Ankapa Naik under a Settlement Deed dated 31.10.2023. The petitioners have been in possession and enjoyment of the said properties. When the respondents 6 to 9 tried to interfere with the petitioners’ property, the petitioners made a complaint before the Station House Officer, Valetivaripalem Police Station, and thereafter filed W.P.No.17493 of 2025. Learned counsel submits that the 4*'^ respondent is attempting to issue house site pattas. 3. nd 4. Learned Assistant Government Pleader submitted the instructions of the Tahsildar, Valetivaripalem Mandal, vide Rc.No.DT/686/2025, dated 19.07.2025. As per the instructions, the land of an extent of Ac.15-95 cents in Sy.No.70/2 of Voletivaripalem Mandal is classified as Government Poramboke and noted as Grama Khantam. The said land is under the control of Grampanchayat, Chundi. As seen from the Encumbrance Certificate downloaded from the website, both the petitioners have got settlement deeds in respect of the subject lands vide registered settlement deed Nos.605/2024 and 8086/2023 of Joint Sub-Registrar Cffice, Kandukur. There is no proposal for the distribution of house sites for landless poor. Neither the 4*'^ respondent nor the staff entered the petitioners’ land. The instructions passed by the learned Assistant Government Pleader are made part of the record. 4 Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage, directing the 4^'^ respondent-the Tahsildar, Valetivaripalem Mandal not to interfere with the petitioners possession and enjoyment in respect of their land in Sy.No.70/2, Chundi Village, Valetivaripalem Mandal, SPSR Nellore District without following due process. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR 5. ^SECTION OFFICER //TRUE COPY// To. The Principal Secretary, State of Andhra Pradesh, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati, Velagapudi, Thullur Mandal, District, A.P. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, Kandukur, SPSR Nellore District. The Tahsildar, Valetivaripalem Mandal, SPSR Nellore District. The Secretary, Gram Panchayat, Chundi, Valetivaripalem Mandal, SPSR Nellore District One CC to SRI VENKATESWARLU KOLLA Advocate [OPUC] Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] Two CD Copies GSG 1. 2. 3. 4. 5. 6. 7. 8. HIGH COURT DATED: 21/07/2025 ORDER WP NO. 18398 OF 2025 g 0 1 AUG 2025 m Co DISPOSING THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS