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2025 DAILYLAW 3962 (AP)

CHETTA JEEVANANDA v. THE STATE OF ANDHRA PRADESHV

WP/1453/2025 · 2025-01-22

Gannamaneni Ramakrishna Prasad

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Judgment text

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5 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARi TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 1453 OF 2025 AMARAVATI PRASAD Between: Chetta Jeevananda, S/o Ch. Rama Swamy, Aged about 72 years, Occ Ex- Service Men, R/o D. No. 57/24-106, Thummalapalem Visakhapatnam. Kancharapalem, ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Visakhapatnam District, Visakhapatnam."^ 3. TheTahsildar Revenue Anandapur^A/Iandal, Anandapuram, Visakhapatnam. ...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 Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not considering the application of the petitioner for allotment of dry land extent of Ac.5.00 "Cents in to an Sy. No.1 of Tungidibilli Village, Anandapuram Mandal, Visakhapatnam District and thereby 17-09-2024 vide S.R. No.64/2024 by respondent No. issuing endorsement dt 3 by registering the application of the petitioner as illegal, arbitrary, without jurisdiction and consequently direct the respondents to grant assignment Patta petitioner under B.S.O. 15 (ii) (2), subject to outcome of the Writ to the Petition. ✓ lA NO: 1 OF 2n7fi 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 j;;^spondents to grant assignment Patta to the petitioner under B.S.O. 15 (ii) (2),'subject to outcome of the Writ Petition, , pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI HARINATH REDDY SOMA - Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE '^ The Court made the following: ORDER 1 [3328] SAPHC010025652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) of a WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1453/2025 Between: 1 CHETTA JEEVANANDA, S/0 CH. RAMA SWAMY, AGED ABOUT 72 R/0 D. NO. 57/24-106, YEARS, OCC EX-SERVICE MEN, THUMMALAPALEM, KANCHARAPALEM, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESHV, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3.THE TAHSILDAR, ANANDAPURAM MANDAL, ANANDAPURAM VISAKHAPATNAM. VISAKHAPATNAM DISTRICT, ...RESPONDENT{S): Counsel for the Petitioner: 1.HARINATH REDDY SOMA Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: 2 ORAL ORDER: Heard Ms. T. Radha Rani, learned Counsel appearing on behalf of Sri Harinath Reddy Soma, learned Counsel for the Writ Petitioner and Sri K. Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has drawn the Court to the impugned Endorsement dated 13.09.2024 (Ex.P.4), submission of the learned Counsel for the Writ Petitioner Petitioner has made an Application for assignment of land under the Ex- servicemen Quota in the year 1986. The Writ Petitioner has also made a fresh requisition on 19.08.2024 (Ex.P.2) requesting the Official Respondents to allot the land which is presently under his cultivation Acs.5.00 in Sy.No.1 of Tangudubilli Village. It is stated that the Writ Petitioner has been in possession and has been cultivating the same land since 1986. However, vide the Endorsement dated 13.09.2024 bearing SR.No.64/2024 (Ex.P.4) the Writ Petitioner was informed that the said land cannot be allotted because the land of an extent of Acs.796.16 cents in Sy.No.1 is classified as ‘Konda Poramboke’ belonging to the Government (Hill Poramboke). Learned Counsel for the Writ Petitioner has also drawn the attention of Ex.P.1 issued by the Indian Navy as regards the Certified Record of Service and Discharge Certificate. Arjun 2. attention of this It is the that the Writ of an extent of this Court to 3. Having regard to the facts and circumstances of this case, this Court at the admission stage, to make a fresh deems it appropriate to dispose of this Writ Petition without going into the merit, directing the Writ Petitioner Application for assignment of alternate land within a period of three weeks from today to the Competent Authority. Upon receipt of such Application/Representation, the Competent Authority is directed to consider the same and pass a Speaking Order in accordance with law within a further period of 12 weeks and communicate a copy of such Order to the Writ Petitioner forthwith. The Authorities shall also take into consideration the fact '• I- \ 3 that the Writ Petitioner has already made an Application in the year 1986 for assignment of land. 4. This Court has also taken judicial note of the fact that the Respondent Authorities have not acted Petitioner in the year 1986 till date. 5. With these observations and directions, this Writ Petition disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR upon the Application submitted by the Writ stands 6. V/ //TRUE COPY// •t SECTION OFFICER To, The Principal Secretary, Revenue^bepartment, State of Andhra Pradesh,Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Visakhapatnam*lDistrict, Visakhapatnam. The Tahsildar, Anandapuram Mandal, Anandapuram, Visakhapatnam. One CC to Sri Harinath ReddyVoma, Advocate [OPUC] Two CCs to GP for Revenue,.JHigh Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. ssb HIGH COURT DATED:22/01/2025 Sf X 01 FEB 2025 ORDER o\ C9/- ^ Currenl Section WP.No.1453 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS