APHC010382022020 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: 25493/2020 Between: 1. NARAPINNI CHELLAYYA, S/O LATE DURGALU, AGED. 77 YEARS, R/O PEDAGOLLALAPALEM POST, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 2. NARAPINNI APPA RAO,, S/O LATE SANYASI, AGED. 53 YEARS, R/O NAKKAVANIPALEM, PARAVADA MANDAL, VISAKHAPATNAM DISTRICT. 3. NARAPINNI BANGARRAJU,, S/O LATE PYDIKONDA, AGED. 38 YEARS, R/O H.NO.10-30, NAKKAVANIPALEM, PARAVADA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE (ASSIGNMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE DIVISION AT VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 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 an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the high handed and illegal action of the part of the Respondents particularly the 4th respondent in attempting to dispossess the petitioners from their possession and enjoyment and in proposing to allot house site pattas under the scheme 'NAVARATNALU- PEDALANDARIKIILLU' in the property situated in an extent of Ac.20-88 5/8 cents covered by Sy.No.268-1 (T.D.No.911) of Gollalaplem Revenue Village, Sabbavaram Mandal, Visakhapatnam District, as illegal, arbitrary, ultra virus, unjust, against the principles of Natural Justice besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently, direct the respondents not to interfere with the petitioners' possession and enjoyment of the same in any manner including dispossession and proceeding further in respect of allotment of house sites in it, in the interest of justice and to pass IA NO: 1 OF 2020 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 issue an interim direction against the respondents not to dispossess the petitioners and not. to proceed further in respect of. to proceed further in respect of. allotment of house site pattas under the scheme "NAVAI?ATNALU PEDALANDARIKI ILLU" in the property situated in an extent of Ac.20-88 5/8 cents covered by Sy.No.268-1 (T.D.No.911) of Gollalaplem Revenue Village, Sabbavaram Mandal, Visakhapatnam District, during the pendency of this writ petition, in the interest of justice and to 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 pleased to vacate the interim order granted on 30.12.2020in W.P.No.25493 of 2020 and dismiss the writ petition Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents particularly in attempting to dispossess the petitioners from their possession and enjoyment and in proposing to allot house site pattas under the scheme ‘Navaratnalu Pedalandariki Illu’ in the property situated in an extent of Ac.20-88 5/8 cents covered by Sy.No.268-1 (T.D.No.911) of Gollalapalem Revenue Village, Sabbavaram Mandal, Visakhapatnam District. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the subject land is a Banjar land. She further submits that Ac.4.00 cents in Sy.No.268-1 of Gollalapalem village of Sabbavaram Mandal was identified as suitable for house sites to landless poor. As per the revenue records, the land in an extent of Ac.17.43 in Sy.No.268-1 of Gollalapalem village is classified as Banjar i.e., government land and no assignment has been made to any person in the subject land with reference to 22A Form III Assignment land register of Gollalapalem Village. It is false to say that the subject land is Inam Mettu with TD No.911, but the revenue records clearly indicate that the subject land is classified as Banjar i.e., purely a government land. 4 4. As stated supra, out of total extent, only Ac.4.00 cents was identified for providing house sites for the landless poor under the welfare scheme. Accordingly, layout is formed and pattas were distributed on 27.12.2020. 5. In view of the above said facts and circumstances, the remaining extent of the subject land i.e., Ac.13.43 cents in Sy.No.268-1 of Gollalapalem village shall be dealt with strictly in accordance with law by the respondent Nos.2 to 4 if so warranted for any public purpose and if not already used the same by now for the above said housing welfare scheme. 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