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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 402 OF 2021 Between:
1. Seepana Tejeswara Rao, S/o. late Kondaiah, aged 43 years, Occ:Cultivation, R/o D.No.47/A, Bammidvanipeta village, Ponnam Post, Srikakulam Mandal and District.
2. G. Ganapathi Rao, S/o. late Rama Murthy, aged 49 years, Occ:Cultivation, R/o D.No.6-50, Bammidvanipeta Village, Ponnam Post, Srikakulam Mandal and District.
3. Pydi Syamala Rao, S/o. late Appa Rao, aged 70 years, Occ;cultivation, R/o Bammidivanipet village. Post, Srikaulam Mandal and District.
4. Bammidi Amminaidu, S/o. late Ramamurthy, aged 47 years, Occ:Cultivation, R/o D.No.6-72, Bammidvanipeta village, Ponnam Post, Srikakulam Mandal and District.
5. Ampolu Surest! Kumar, S/o. late Dharma Rao, aged 37 years, OcciCultivation, R/o D.No.6-36, Bammidvanipeta village, Ponnam Post, Srikakulam Mandal and District.
6. Damati Venkata Rao, S/o. Jagga Rao, aged 41 years. Occupation: Cultivation, Bammidvanipeta village, Ponnam Post, Srikakulam Mandal and District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Srikakulam District, Srikakulam.
3. The Revenue Divisional Officer, Srikakulam, Srikakulam District.
4. The Tahsildar, Srikakulam Mandal, Srikakulam District. ...RESPONDENTS J Petition under Article 226 of the Constitution of India praying that in th^ circumstances stated in the affidavit filed therewith, the High Court may % -• ,
"t)e^pleased to issue a WRIT OF MANDAMUS or any other appropriate Writ
Order or direction, direction declaring the action of the respondents in assigning the public road (Gorji) situated in an extent of Ac. 0.89 Cts in Sy.No.67 and Ac.0.84 Cts in Sy.No.75 of Ponnam Village, Srikakulam Mandal, Srikakulam District, as illegal and without jurisdiction. lA 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 the public Road /Gorji situated in an extent of Ac. 0.89 Cts in Sy.No.67 and Ac.0.84 Cts in Sy.No.75 of Ponnam village, Srikakulam Mandal, Srikakulam District, for house sites, pending disposal of the above Writ Petition. lA NO: 2 OF 2021 Between:
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Srikakulam District, Srikakulam. 3. The Revenue Divisional Officer, Srikakulam, Srikakulam District. 4. The Tahsildar, Srikakulam Mandal, Srikakulam District. ■» - i: /■■■ '<4<' ...PETITIONERS/RESPONDENTS AND
1. Seepana Tejeswara Rao, S/o. late Kondaiah, aged 43 years, OcciCultivation, R/o D.No.47/A, Bammidvanipeta village, Ponnam Post, Srikakulam Mandal and District. %
2. G.Ganapathi Rao, S/o. late Rama Murthy, aged 49 years, OcciCultivation, R/o. D.No.6-50, Bammidvanipeta Village, Ponnam Post, Srikakdam Mandal and District. Pydi Syamala Rao, S/o. late Appa Rao, aged 70 years, Occ;cultivation, R/o Bammidivanipet Village, Post, Srikaulam Mandal and District. Bammidi Amminaidu, S/o. late Ramamurthy, aged 47 years, Occ:Cultivation, R/o D.No.6-72, Bammidvanipeta Village, Ponnam Post, Srikakulam Mandal and District. Ampolu Suresh Kumar, S/o. late Dharma Rao, aged 37 years, OcciCultivation, R/o D.No.6-36, Bammidvanipeta Village, Ponnam Post, Srikakulam Mandal and District. Damati Venkata Rao, S/o. Jagga Rao, aged 41 years. Occupation; Cultivation, Bammidvanipeta Village, Ponnam Post, Srikakulam Mandal and District. 3. 4. 5. 6. ...RESPONDENTS/PETITIONERS 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 vacate the interim order granted on 07-01-2021 in WP. 402/2021 and dismiss the Writ Petition. Counsel for the Petitioners: SRI D.KRISHNA MURTHY Counsel for the Respondent Nos.1 to 4: SRI K.M.KRISHNA REDDY, GP FOR REVENUE The Court made the following: ORDER
APHC010005762021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -W' aSfesi [3332] THURSDAY.
THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 402/2021 Between: Seepana Tejeswara Rao and Others ...PETITIONER(S) AND The State Of Ap and Others Counsel for the Petitioner(S): ...RESPONDENT(S) 1.D KRISHNA MURTHY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following order: The short grievance of the petitioners is that the respondent authorities without following the due procedure contemplated under law and without jurisdiction, are trying to assign the public road (Gorji), situated in an extent of Ac.0.89 cents and Ac.0.84 cents in Sy.Nos.67 & 75 of Ponnam Village, Srikakulam mandal, Srikakulam District, for the purpose of constructions of house sites to the poor. 2 Heard Sri D. Krishna Mnrthy,
learned counsel for the petitioners and Sri K.M. Krishna Reddy, learned Government Pleader for Revenue.
2.
Learned counsel for the petitioners, in elaboration to \A/hat has been stated in the affidavit, contended that, the revenue authorities, contrary to the well settled law, are trying to assign the subject land for the purpose of house sites to persons belonging to weaker sections, which is, in fact, classified as Gor]i/footpath in the revenue records. He further contended that if the said action of the authorities is allowed to continue, it would affect the ingress and egress of the petitioners to their agricultural fields. He also submitted that, as per the Standing Order 15 (4)(m), the lands set apart for public purposes cannot be assigned for any purposes. As such, filed the present writ petition and prayed to pass appropriate orders protecting the interest of the petitioners.
3. On the other hand, Sri K.M. Krishna Reddy, learned Government Pleader for Revenue, submitted that the proposal for the change of classification of the subject land has been dropped by the Collector and that there is no proposal to assign the subject land for the purpose of house sites to the poor. He further submitted that, without there being any conversion, the authorities had issued house site pattas to 36 individuals, but the Collector, Srikakulam is taking steps to cancel the same. In view of the same, prayed to close the writ petition.
4. Perused the record and considered the submissions made by the learned counsel for both parties.
5.
3
6. The main grievance of the petitioners is that the respondent authorities are taking steps to assign the subject land for the purpose of house sites to the poor. As the authorities have dropped the proposals of changing the classification of the subject land from Kalibata to A.W. land and taking steps to cancel the house site pattas, there remains nothing for adjudication in the writ petition and is liable to be closed.
7. Accordingly, the Writ Petition is closed. There shall be no
order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri D.Krishna Murthy, Advocate [OPUC]
2. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
3. Three CD Copies. gi
HIGH COURT DATED;06/02/2025
ORDER X 2 1 MAR 2025 ^ . Current bection WP.No.402 of 2021 CLOSING THE WRIT PETITION WITHOUT COSTS