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2025 DAILYLAW 2826 (AP)

KARKAMPALLI SATYAVATI v. THE STATE OF AP

WP/533/2025 · 2025-01-08

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) | WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos. 530. 532. 533 AND 535 OF 2025 WRIT PETITION NO: 530 OF 2025 Between: Varad Anitha, W/o Ramesh Mallikarjun, Aged about 35 years, R/o Sunnipenta Village, Srisailam Mandal Kurnool District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secy, Department of Revenue, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Nandyal District, (Earlier part of Kurnool District) Nandyal. 3. The Revenue Divisional Officer, Atmakur, Nandyal District. 4. The Tahsildar, Srisailam Mandal, Nandyal District. 5. The State of Andhra Pradesh, Rep by its PrI.Secy, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 6. The Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta, Kurnool District. 7. The Deputy Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta Kurnool 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 of Mandamus or any other appropriate writ. \ order or direction declaring the action of Respondents herein, more >■ particularly the Respondent No.3 herein in issuing proceedings vide Rc.232/2023 dated 05.05.2023 Served on the Petitioner herein 25.11.2024), cancelling the house site patta issued to the Petitioner by the Respondent No.4 herein and directing to apply for a fresh house site patta as being illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the constitution of India, in violation of Principles of Natural Justice and Consequently set aside the proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024). on 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 suspend the operation of proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. AJAY KUMAR representing SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 7: GP FOR IRRIGATION AND CAD WRIT PETITION NO: 532 OF 2()7fi Between: Kajjayam Kavitha, W/o Naga Mallikarjun, Aged about 35 years, R/o Sunnipenta Village, Srisailam Mandal Kurnool District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI.Secy, Department of Revenue, Secretariat, Velagapudi, Amaravati. 3 2. The District Collector, Nandyal District, (Earlier part of Kurnool District), Nandyal. 3. The Revenue Divisional Officer, Atmakur, Nandyal District. 4. The Tahsildar, Srisailam Mandal, Nandyal District. 5. The State of Andhra Pradesh, Rep by its PrI. Secy, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. 6. The Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division,Sunnipenta, Kurnool District. 7. The Deputy Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta Kurnool 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 be pleased to issue a 'Writ of Mandamus' or any other appropriate writ, order or direction declaring the action of the Respondents herein particularly the Respondent No.3 herein in issuing proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024), cancelling the house site patta issued to the Petitioner by the Respondent No.4 herein and directing to apply for a fresh house site patta as being illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India, in violation of Principles of Natural Justice and Consequently set aside the proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024). may , more 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 suspend the operation of proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. AJAY KUMAR representing SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 7: GP FOR IRRIGATION AND CAD WRIT PETITION NO: 533 OF 2025 Between: Karkampalli Satyavati, W/o Srinivas, Aged about 30 years, R/o Sunnipenta Village, Srisailam Mandal, Kurnool District, Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI.Secy, Department of Revenue, Secretariat, Velagapudi, Amaravati. The District Collector, Nandyal District, (Earlier part of Kurnool District) Nandyal. The Revenue Divisional Officer, Atmakur, Nandyal District. The Tahsildar, Srisailam Mandal, Nandyal District. The State of Andhra Pradesh, Rep by its PrI.Secy, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta, Kurnool District. The Deputy Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta Kurnool District. 1. 2. 3. 4. 5. 6. 7. ...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 A be pleased to issue a Writ of Mandamus or any other appropriate writ, order direction declaring the action of the Respondents herein particularly the Respondent No.3 herein in issuing proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein 25.11.2024), cancelling the house site patta issued to the Petitioner by the Respondent No.4 herein and directing to apply for a fresh house site patta as being illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India, in violation of Principles of Natural Justice and Consequently set aside the proceedings vide Rc.232/2023 05.05.2023 (Served on the Petitioner herein on 25.11.2024). or more on dated 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 suspend the operation of proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 25.11.2024), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. AJAY KUMAR representing SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 7: GP FOR IRRIGATION AND CAD WRIT PETITION NO: 535 OF Between: Beersing Meri D/o Gassaram, Aged about 28 years, R/o Sunnipenta Village, Srisailam Mandal, Kurnool District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secy, Department of Revenue, Secretariat, Velagapudi, Amaravati. i (o 2. The District Collector, Nandyal District, (Earlier part of Kurnool District) Nandyal. The Revenue Divisional Officer, Atmakur, Nandyal District. The Tahsildar, Srisailam Mandal, Nandyal District. The State of Andhra Pradesh, Rep by its PrI.Secy, Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta, Kurnool District. The Deputy Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta Kurnool District. 3. 4. 5. 6. 7. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents herein particularly the Respondent No.3 herein in issuing proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein 26.11.2024), cancelling the house site patta issued to the Petitioner by the Respondent No.4 herein and directing to apply for a fresh house site patta as being illegal, arbitrary, in violation of Articles 14, 21 and 300-A of the Constitution of India, in violation of Principles of Natural Justice and Consequently set aside the proceedings vide Rc.232/2023 05.05.2023 (Served on the Petitioner herein on 26.11.2024). may more on dated 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 suspend the operation of proceedings vide Rc.232/2023 dated 05.05.2023 (Served on the Petitioner herein on 26.11.2024), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K. AJAY KUMAR representing SRI N. ASHWANI KUMAR Counsel for the Respondent Nos.1 to 4: SRI K. ARJUN CHOWDARY, AGP FOR REVENUE Counsel for the Respondent Nos.5 to 7: GP FOR IRRIGATION AND CAD The Court made the following; COMMON ORDER 'r ■C' APHC010007792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 530. 532. 532. 533 and 535 of 2025 WRIT PETITION NO: 530/2025 Between: 1.VARAD ANITHA, W/0 RAMESH MALLIKARJUN, AGED ABOUT 35 YEARS, R/0 SUNNIPENTA VILLAGE, SRISAILAM MANDAL KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT, (EARLIER PART OF KURNOOL DISTRICT), NANDYAL. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, NANDYAL DISTRICT. 4.THE TAHSILDAR, SRISAILAM MANDAL, NANDYAL DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, 2 SUNNIPENTA, KURNOOL DISTRICT. 7.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE WRIT PETITION NO; 532/2025 Between: 1.KAJJAYAM KAVITHA, W/0 NAGA MALLIKARJUN, AGED ABOUT 35 YEARS, R/0 SUNNIPENTA VILLAGE, SRISAILAM MANDAL KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI.SECY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT, (EARLIER PART OF KURNOOL DISTRICT), NANDYAL. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, NANDYAL DISTRICT. 4.THE TAHSILDAR, SRISAILAM MANDAL, NANDYAL DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION SUNNIPENTA, KURNOOL DISTRICT. ,T 3 7.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA KURNOOL DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD WRIT PETITION NO: 533/2025 Between: 1.KARKAMPALLI SATYAVATI, W/0 SRINIVAS, AGED ABOUT 30 YEARS, R/0 SUNNIPENTA VILLAGE, SRISAILAM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT, (EARLIER PART OF KURNOOL DISTRICT), NANDYAL. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, NANDYAL DISTRICT. 4.THE TAHSILDAR, SRISAILAM MANDAL, NANDYAL DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA, KURNOOL DISTRICT. 4 7.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S); 1.GP FOR ASSIGNMENT 2.GP FOR IRRI AND CAD WRIT PETITION NO: 535/2025 Between: 1.BEERSING MERI, BEERSING MERI D/0 GASSARAM, AGED ABOUT 28 YEARS, R/0 SUNNIPENTA VILLAGE, SRISAILAM MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRI. SECY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, NANDYAL DISTRICT, (EARLIER PART OF KURNOOL DISTRICT), NANDYAL. 3.THE REVENUE DIVISIONAL OFFICER, ATMAKUR, NANDYAL DISTRICT. 4.THE TAHSILDAR, SRISAILAM MANDAL, NANDYAL DISTRICT. 5.THE STATE OF ANDHRA PRADESH SECY, WATER RESOURCES DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 6.THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA, KURNOOL DISTRICT. REP BY ITS PRI. SECRETARIAT, 5 7.THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, NSRS SRISAILAM PROJECT, CAMPS AND BUILDINGS DIVISION, SUNNIPENTA KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following Oral Common Order: Heard Sri K.Ajay Kumar, learned Counsel representing Sri N.Ashwani Kumar, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. 2. Learned Counsel for the Writ Petitioners submitted that these Writ Petition Nos.530, 532, 533 and 535 of 2025 are identical to the case in W.P.No.30224 of 2024 which was disposed of by this Court vide Order dated 20.12.2024 (Ex.P.15). Learned Counsel for the Writ Petitioners would urge this Court to dispose of these Writ Petitions in terms of said Order. Having considered these facts, this Court deems it appropriate to dispose of these Writ Petitions, at the admission stage, without going into merits, with a direction to the Writ Petitioners to avail other remedies as available to them under law (as per statutory procedures) within a period of four weeks from today. There shall be a further direction suspending the Impugned Order dated 05.05.2023 (Ex.P.1) for a period of eight weeks from today to enable the Writ Petitioners to seek any interim relief before the Competent Authority (Appellate Forum) within time. Needless to state that upon filing the Interlocutory Application, the Competent Authority (Appellate Forum) shall expeditiously consider the said Interlocutory Application before the expiry of time of eight weeks which is granted by this Court. In view of the 3. 6 fact that the Impugned Order has been served on the Writ Petitioners in W.P.Nos.530, 532, 533 of 2025 only on 25.11.2024 and in W.P.No.535 of 2025 on 26.11.2024, statutory limitation, if any, shall be reckoned only from the said date onwards. With these observations and directions, these Writ Petitions stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 4. 5. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// V. secStc^nTofficer To, 1. The PrI. Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Nandyal District, (Earlier part of Kurnool District), Nandyal. 3. The Revenue Divisional Officer, Atmakur, Nandyal District. 4. The Tahsildar, Srisailam Mandal, Nandyal District. 5. The PrI. Secretary, Water Resources Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 6. The Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta, Kurnool District. 7. The Deputy Executive Engineer, Water Resources Department, NSRS Srisailam Project, Camps and Buildings Division, Sunnipenta Kurnool District. 8. One CC to Sri N. Ashwani Kumar, Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED:08/01/2025 ANDH/^% X 17 JAN 2025 O^ . Currem 6ecxion 6>>/' COMMON ORDER WP.Nos.530, 532,533 and 535 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS