% APHC010538362016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 12078 OF 2016 Between: S.Vaheeda Begum. W/o P.Dhaleel Khan, aged about 60 years. R/o D.No. III- 158-04, Road No.4, SBI Colony, Madanapally, Chittoor District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2. The District Collector, Chittoor, Chittoor District. 3. The Tahsildar, Tirupathi Rural Mandal, Tirupathi, Chittoor 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 pleased to issue a Writ, order or direction more particularly of Writ of Mandamus, declaring the action of the the land identified as alternative land to the petitioner may be one in the nature respondents in not allotting illegal and arbitrary and consequently direct the respondents 2 and 3 to issue order of allotment of the land in S.No. 528 an extent of Ac.0-04 % as cents of Peruru village in favour of the petitioner and hand over the possession of the same to the petitioner. «■ v ^ lA NO: 1 OF 2016(WPMP 15147 of oniR) i. “»•. . -J , ■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 2 and 3 to issue order of allotment of the land in S.No.528 an extent of Ac.0-04 % cents of Peruru village in favour of the petitioner and hand over the possession of the same to the petitioner pending disposal of the above Writ petition. Counsel for the Petitioner: SRI P. GANGA RAMI REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following order: 7APHC010538362016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 12078/2016 Between: 1 S VAHEEDA BEGUM, W/0 P.DHALEEL KHAN, AGED ABOUT 60 SB! COLONY, 111-158-C4, ROAD N0.4 YEARS, RIO D.NO. MADANAPALLY, CHITTOOR DISTRICT. ...PETITIONER AND ITS PRINCIPAL SECRETARIAT REP BY DEPARTMENT, 1.THE STATE OF ANDHRA PRADESH, REVENUE SECRETARY, BUILDINGS, HYDERABAD. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. TIRUPATHl RURAL MANUAL, TIRUPATHI, 3.THE TAHSILDAR, CHITTOOR DISTRICT. ...RESPONDENT(S); Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be direction more particularly one in the nature Petition under circumstances stated in pleased toto issue a Writ, order or of Writ of Mandamus, declaring the action of the respondents in not allotting alternative land to the petitioner as illegal and arbitrary order of allotment of the land identified as and consequently direct the respondents 2 and 3 to issue extent of Ac.0-04 3/4 cents of Peruru village in favour the possession of the same to the petitioner, the land in S.No. 528 an of the petitioner and hand over and pass lA NO: 1 OF 2016(WPMP 15147 OFj^ RRR,J Petition under Section 151 CPC nr^ ■ w.p.No.noysofzow in the affidavit filed in support of the petifonM m" stated to direct the respondents 2 and ^ pleased S.NO. 528 an e>^ent o^ Ac 0 04 3/i clTorP^^ petitioner and hand over the possession of th^ disposal of the above Writ peLn, and pass "^"'''"9 jA NO: 1 OF ?n7^ Petition under Section 151 in the affidavit filed i CPC ^ .n support of the pemon' .he"lh Court in the atove Writ Petihon anTplsf" may be pleased counter affidavit Counsel for the Petitioner: 1P GANGA RAMI REDDY Counsel for the Respondent(S): 1GP FOR REVENUE (AP) 3 10^ RRR,J W.P.No.l2078of2016 The Court made the following order: The petitioner herein claims ownership over Ac.0.05 cents of land in Sy.No.91 of Avilala Village, which is said to have been acquired under a registered deed of sale, dated 02.01.1989. The petitioner contends that this land was taken over by the Government, for the purpose of laying a road, with the assurance of allotment of alternative land in Sy.No.18 of Avilala Village. However, such land could not be allotted to the petitioner and the other affected persons as the said land was Tank Poramboke land which could not be allotted to anybody. 2. Thereafter, no further action was taken for allotment of the alternative land. Aggrieved by the said inaction, the petitioner has approached this Court, by way of W.P.No.27164 of 2010, seeking allotment of alternative land. This Court, by an order, dated 24.11.2011, disposed of the Writ Petition, with a direction to respondents 2 & 3 therein, to consider the claim of the petitioner and to take a decision within three months. It may also be recorded that the Revenue Authorities had specifically contended that they had not utilized any land of the petitioner for the formation of the road. Thereupon, the petitioner is said to have filed a list, which is said to be issued by the Mandal Revenue Officer, Tirupati Rural Mandal, giving the list of the details of alternative land to the land losers, who lost their land in the formation of the road and the petitioner was shown at 3. SI.No.14 in the list. 4 RRR,J W.P.No.l2078of2016 Government Pleader for Revenue, that the said document had been opportunity to receive instructions in 4. The learned Assistant appearing in that case, had contended produced with delay and that she had relation to this document. no 5. This Court, after recording the prima facie material to show above facts, had observed that that the land of the there was petitioner, of the road and admeasuring Ac.0.05 cents was utilized for formation disposed of the Writ Petition with a direction to respondents 2 & 3 to examine the claim of the petitioner with reference to the material of the petitioner that may be produced by her. 6. As the respondents therein were not considering any of the material produced by the petitioner, C.C.No.1839 of 2013 came to be filed. At is said to have recorded her statement in Sy.No.528 of Peruru Village. that stage, the Mandal Revenue Officer i and willingness for allotment of alternative land The petitioner contends that, in view of the Revenue Authorities assuring allotment of alternative land, she had wi withdrawn the Contempt Case. 7. As no further steps were being taken for allotment of the land, in y N.528 of Peruru Village, the petitioner again made 18.09.2014, for allotment of the land. a representation on As no land was being allotted to her, the petitioner has approached this despite the said representation way of the present Writ Petition. Court by 8. The respondents, namely the Mandal the Collector of the district have filed Revenue Officer as well as counter affidavits. The case of the 5 HRR,J W.P.No.l2078of2016 respondents is that no part of the land of the petitioner had been utilised for the formation of the road and she land. The respondents contend that been utilized, for the purpose of formation of the road, whose lands had been utilised, had been adequately was not consequently, allotted alternative an extent of Ac.2.78 cents of land had and all the persons. compensated by alternative allotment of land. The respondents categorically deny any right or claim being available to the petitioner for allotment of alternative land , as no land of the petitioner had been used for the formation of the respondents have also set out the details of the persons whose lands, aggregating to Ac.2.78 cents of land had been taken for the formation of the road. road. The 9. The respondents, apart from raising the aforesaid contentions, have also contended that there is no material or document to show that any part of the land of the petitioner was used for formation of the road. 10. A perusal of the record would show that there is no document produced by the petitioner to demonstrate that she had been given an assurance by the Authorities for allotment of alternative land. However, the fact remains that the petitioner has produced a statement, said to have been recorded by the Tahsildar of Tirupati Rural Mandal on 19.10.2013, wherein, she had given her consent for allotment of alternative land in Sy.No.528 to an extent of Ac.4.75 cents of land in Peruru Village. This document has not been denied by either of the respondents in their counter affidavit. In the absence of RRR,J • W.P.No.l2078of2016 '^oud have to accept the said document the denial of this document, this Court to be true and correct. 11. There is no explanation why the statement of the available in the counter affidavit petitioner, giving her willingness for accepting alternative land in Peruru Village, had been recorded by the Mandal Revenue Officer in the year 2013, The said statement would have been recorded only in .he event of the Authorities having found that the land of the petitioner had also been used for the formation as to of the road. Consequently, it must be held case for allotment of alternative Sy.No.91 ofAvilala Village. 12. that the petitioner has made land, in view of the loss of her land i out a in 13. In view of the above, this Writ Petition i respondent to allot alternative land to of Peruru Village, within is allowed, directing the 2"'^ an extent of Ac.4.75 cents in Sy.No.528 a period of six (06) weeks from the date of receipt of a land not being available, in Sy.No.528 respondent shall take steps to allot Ac.0.5 copy of this order. In the event of such of Peruru Village, the 2 land in the nd cents of areas which is proximate to the iand in Sy.No.528 of Peruru Village, within a period of six (06) weeks from the date of There shall be no order as to costs. receipt of this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANTREGISTRAR S&TIOf^FFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur State of Andhra 2. The District Collector, Chittoor 3. The Tahsildar, Tirupathi Rural 4. One CC to Sri P. Ganga Rami 5. Two CCs to GP for Revenue, 6. Two CD Copies. , Chittoor District. Mandal, Tirupathi, Chittoor District. Reddy, Advocate [OPUC] High Court of Andhra Pradesh [OUT] ssb V' HIGH COURT DATED:14/08/2025 ORDER WP No. 12078 OF 2016 i5> I nsEP aps s Current Section ALLOWING THE W.P. WITHOUT COSTS