* *• f APHC010940262017 0 '.f ■W IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 7 * V 7' ■tv; V a •V, .: T-v V y 4 FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE "i PRESENT HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 43095 OF 2017 Between: Smt. Nallabayannagari Lalitha, W/o. N.Sreenivasulu Reddy, aged 46 years, D.No.8-232, H/o. Somalagadda R/o. Occ: House wife, Chinnathippasamudram, Madanapalle Mandal, Chittoor District. j ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Madanapalle, Madanapalle Mandal Chittoor District. 4. The Tahsildar, Madanapalle, Madanapalli Mandal, Chittoor District. 5. National Highways Authority of India NHAI, Rep by its Project Director, Project Implementation Unit(PIU) -Tirupathi, At D.No. 1-5-564/C, Balaji Colony, Opp Lakshmi Narayana Kalyana Mandapam, Tirupati , Andhra Pradesh-517502. (R5 is Impleaded as per the Court's Order dt.21.02.2025 in I.A.No. 01 of 2024 in Writ Petition and affidavit) ...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 an appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 in not Restore / Conform the petitioner original allotment of D-Form Patta issued under Ex-Military Quota Vide A.M.No.178/4/1417, dated 26-12-2007 for an extent of Ac. 4-68 cents in Sy.No.141/B1 situated at Pothapolu Village, Madanapalli Mandal, Chittoor District as per the Petitioner Representation dated 27-2-2017 is illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondent Nos.2 to 4 to Restore / Conform the original allotment of D-Form Patta Vide A.M.No.178/4/1414, dated 26-12-2007 for an extent of Ac.4-68 cents in Sy.No.141/B1 situated at Pothapolu Village, Madanapalli Mandal, Chittoor District and to mutate the petitioner name in the Adangals / Pahani and Revenue records as per the Petitioner Representation dated 27-2-2017. lA NO: 1 OF 2017fWPMP 53448 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos.2 to 4 not to evict / dispossession of the petitioner peaceful possession and enjoyment of agricultural land Vide D-Form Patta in A.M.No. 178/4/1417, dated 26-12-2007 for an extent of Ac. 4-68 cents in Sy.No.141/B1 situated at Pothapolu Village, Madanapalli Mandal, Chittoor District pending disposal of the above writ petition. lA NO: 2 OF 2024 Between: The Tahsildar, Madanapalle, Madanapalli Mandal, Chittoor District. ...Petitioner/Respondent AND 1. Smt. Nallabayannagari Lalitha, W/o. N.Sreenivasulu Reddy, aged 46 years, Occ: House wife, R/o. D.No.8-232, Somalagadda, H/o. Chinnathippasamudram, Madanapalle Mandal, Chittoor District. ...Respondent/Petitioner 2. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Chittoor, Chittoor District. 4. The Revenue Divisional Chittoor District. (R2 to R4 are not necessary party in this petition) ...Respondents/Respondents 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 dated 18.12.2017 in WPMP.No<53448 of 2017 in WP.No.43095 of 2017 and to dismiss the Writ Petition"^ 'fficer, Madanapalle, Madanapalle Mandal, lA NO: 2 OF 2025 Between: National Highways Authority of India NHAI, Rep by its Project Director, Project Implementation Unit(PIU) -Tirupathi, At D.No. 1-5-564/C, Balaji Colony, Opp Lakshmi Narayana Kalyana Mandapam, Tirupati, Andhra Pradesh-517502. ...Petitioner/ Respondent No.5 in the WP. No.43095 of 2017 AND 1. Smt. Nallabayannagari Lalitha, W/o. N.Sreenivasulu Reddy, aged 46 years, Occ: House wife, R/o. D.No.8-232, Somalagadda, H/o. Chinnathippasamudram, Madanapalle Mandal, Chittoor District. ...Respondents/ Writ Petitioners in the WP No.43095 of 2017 -rT 2. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Chittoor, Chittoor District. 4. The Revenue Divisional Officer, Madanapalle, Madanapalle Mandal, Chittoor District. 5. The Tahsildar, Madanapalle, Madanapalli Mandal, Chittoor District. ...Respondents Respondents in the WP No.43095 of 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may graciously be pleased, to vacate the Interim Status Quo Order dated 18.12.2017 passed by this Hon’ble Court in WPMP No. 53448 of 2017 in WP No. 43095 of 2017; and to dismiss and dispose of the present WP No. 43095 of 2017. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 4 :GP FOR REVENUE Counsel for the Respondent No.5 : SRI CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM The Court made the following order; ■’ 1 ri 1 APHC010940262017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 43095/2017 Between: 1.SMT NALLABAYANNAGARI LALITHA,, W/0. N.SREENIVASULU REDDY, AGED 46 YEARS, OCC ; HOUSE WIFE, R/0. D.NO.8-232, SOMALAGADDA, H/0. CHINNATHIPPASAMUDRAM, MADANAPALLE MANDAL,CHITTOORDISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, MADANAPALLE, MADANAPALLE MANDAL, CHITTOOR DISTRICT. 4.THE TAHSILDAR, MADANAPALLE, MADANAPALLI MANDAL, CHITTOOR DISTRICT. 5.NATIONAL HIGHWAYS AUTHORITY OF INDIANHAI, REP BY ITS PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT(PIU) - TIRUPATHI, AT D.NO.1-5-564/C, BALAJI COLONY, OPP LAKSHMI ANDHRA R5 IS IMPLEADED AS PER THE COURT'S NARAYANA KALYANA MANDAPAM, TIRUPATI PRADESH-517502. ORDER DT.21.02.2025 IN I.A.NO. 01 OF 2024. ...RESPONDENT(S): 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 Wrifot M h"'"® I" appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 in not Restore / Conform the petitioner original allotment of D-Form Patta issued under Ex-Military Quota Vide A.M.No.178/4/1417, dated 26-12-2007 for extent of Ac^ 4-68 cents in Sy.No.141/B1 situated at Pothapolu Village dated 27-2-2017 is illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondent Nos.2 to 4 to Restore / Confofm the original allotment of D-Form Patta Vide A.M.No.178/4/1414 for an extent of Ac.4-68 cents in Sy.No,141/B1 situated at Pothapolu Village adanapalli Mandal, Chittoor District and to mutate the petitioner name in the dated'2t2-20^ 7 and“"" Representation an dated 26-12-2007 lA NO: 1 OF 2017fWPMP 53448 OF 2017 in the?ff*!°"-,''n''!' circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to irect the Respondent Nos.2 to 4 not to evict / dispossession oft Stair M enjoyment of agricultural land Vide D-Form Patta in A.M.No.178/4/1414, dated 26-12-2007 for an extent of Ac 4-68 cents in □Lrirt ? Madanapalli Mandal, Chittoor istrict pending disposal of the above vyrit petition and pass. lA NO: 1 OF 2024 in th/aSr rn®H circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased umbly prayed by the Implead Petitioner / National Highways Authority of ndia (NHAI) that this Hon'ble Court would graciously be pleased, to permit me implead Petitioner to be impleaded as Respondent No. 5 in the abovl Writ Petition for proper and effective adjudication lA NO: 2 OF 2074 Petition under Section 151 CPC in the affidavit filed i may be pleased to of the case and to pass praying that in the circumstances stated in support of the petition, the High Court may be pleased ■ ' vacate the interim order dated 18.12.2017 iin p-. 3 WPMP.No.53448 of 2017 in WP.No.43095 of 2017 and to dismiss the Writ Petition and pass 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 pleased to fix an early date of hearing in the subject WP No. 43095 of 2017, and to expedite the subject case in the interests of justice; and/or, to pass lA NO: 2 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 may graciously be pleased, to vacate the Interim Status Quo Order dated 18.12.2017 passed by this Hon’ble Court in WPMP No. 53448 of 2017 in WP No. 43095 of 2017; and to dismiss and dispose of the present WP No. 43095 of 2017; and/or, to pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 2.GP FOR REVENUE (AP) The Court made the following order: The petitioner, was granted patta of Ac.4.68 cents in Sy.No.141/BI in Pothapolu Village, Mandanapalle Mandal, Chittoor District. The said patta bears No.178/4/1414 and is dated 26.12.2007. Subsequently, entries were also made in the record of rights and IB khata 1371 was allotted to this land. The patta is said to have been granted to the petitioner, on account of the fact that she is the sister-in-law (brother’s wife) of Sri N.S. Rama Mohana Reddy, who was a serviceman who died in the course of duty. 4 2. Thereafter, the petitioner appears to have been informed that the land assigned to her is assessed waster dry land which is unfit for cultivation and that the land given to her was withdrawn and she would be given an alternative extent of land. As no such steps were taken, the petitioner had approached this Court, by way of the present Writ Petition, seeking a direction to the respondents 2 to 4 to restore the land which was originally assigned to her, on 26.12.2007 and to restore the original D-form patta. 3. The respondents have filed a counter affidavit stating that an ex- serviceman would be entitled to assignment of Ac.5.00 cents of land. However, the father of the deceased serviceman was allotted Ac.9.40 cents and the petitioner, who is the sister-in-law of the deceased serviceman was allotted Ac.4.68 cents which would aggregate to Ac. 14.08 cents which is clearly impermissible. The respondents contend that on account of excessive assignment, the land which was assigned to the petitioner can be withdrawn. 4. Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, on the other hand would contend that the claim of the respondents that Ac.9.40 cents was assigned to the father of the deceased serviceman. under the serviceman quota is incorrect. Neither the counter affidavit nor the documents attached to the 5. counter affidavit give the details of the order of cancellation of the patta. In the absence of these details it would have to be held that the patta of the ^■w 5 petitioner has not been cancelled. However, the contention of the respondents that such land could not have been assigned to the petitioner remains. 6. During the pendency of the Writ Petition, the National Highway Authority of India had initiated proceedings to acquire Ac.0.24 cents of the said land for extension of the National Highway. The National Highway Authority of India has now impleaded itself seeking deletion of this land from the present dispute with the further contention that adequate compensation would be decided and deposited with the Court, if the petitioner is held to be the assignee of the land. The said amount being amenable for withdrawal by the petitioner, subject to the result of this Writ petition as well as the decision, if any, by the revenue authorities on the light of the petitioner over the said land. In view of the aforesaid circumstances, it would be appropriate to dispose of this Writ Petition with a direction to the 2"^ respondent-District 7. Collector to go into the question of assignment of land in favour of the petitioner as well as the assignment of land infavour of the father-in-law of the petitioner so as to determine whether both the petitioner and her father-in-law had been assigned land, on the ground of their relationship with late Sri N.S. Rama Mohana Reddy or whether such assignment has been done independently. The District Collector is to go into these issues and pass necessary orders of confirmation of the patta given in favour of the petitioner or for resumption of the land. The said exercise to be completed within three 6 months from the date of receipt of this order. It is further clarified that this exercise shall not result in the land of the father-in-law of the petitioner being affected. It may also be noted that the patta cannot be cancelled on the ground of nature of the land. If the Collector is of the opinion that patta could 8. not have been given for the said land, in view of the nature of the land alternative land shall be assigned to the petitioner, if it is found that the petitioner is otherwise eligible to retain the land. 9. Needless to say, the petitioner would be entitled to compensation if the Collector confirms the patta in favour of the petitioner. Upon such confirmation, the competent authority shall take appropriate steps for passing supplementary award by treating the petitioner to be the owner of land to an extent of Ac.0.24 cents. 10. Accordingly, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall^and closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// // ^ To, SECTION OFTICFR 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Madanapalie, Madanapalle Mandal, Chittoor District. 4. The Tahsildar, Madanapalle, Madanapalli Mandal, Chittoor District. f 5 The Project Director, National Highways Authority of India NHAI, Project Unit(PIU) -Tirupathi, At D.N0.1-5-564/C, Balaji Colony, , Andhra Implementation Opp Lakshmi Pradesh-517502. 6. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 7. One CC to Sri Chaudhary Law Firm, Advocate [OPUC] 8. Two CCS to GP for Revenue Narayana Kalyana Mandapam, Tirupati And Chaudhary Advocates and Solicitors High Court of Andhra Pradesh [OUT] 9. Two CD Copies Cnr HIGH COURT DATED:22/08/2025 3 11 SEP 2025 ORDER WP NO. 43095 OF 2017 «o OV ^vainrontSectiga:^^^ DISPOSING OF THE W.P. WITHOUT COSTS