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2025 DAILYLAW 3994 (AP)

Nakka Bhaskararao v. State of Andhra Pradesh

WP/1682/2020 · 2025-01-29

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010026702020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: Nakka Bhaskararao and Others State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) The Court made the following Challenging the notice vide Ref.No.12/2020 dated 23.01.2020 issued by the 3rd respondent proposing to acquire the petitioners lands i.e., in Ac.7.19 cents in R.S.No.69 of Chinna Jaggampeta Village, of Gollaprolu Mandal, East Godavari District, of the said land in favor of the petitioner was expired and the said land was proposed for issuance of house site p Illu, challenging the same, the instant writ petition is filed. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1682/2020 Nakka Bhaskararao and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): SRINIVASA RAO PAPPU Counsel for the Respondent(S): GP FOR REVENUE (AP) The Court made the following Order: Challenging the notice vide Ref.No.12/2020 dated 23.01.2020 issued by respondent proposing to acquire the petitioners to vacate from the in Ac.7.19 cents in R.S.No.69 of Chinna Jaggampeta Village, of Gollaprolu Mandal, East Godavari District, since the lease granted in respect of the said land in favor of the petitioner was expired and the said land was proposed for issuance of house site pattas under Navarathnalu Pedalandariki the instant writ petition is filed. IN THE HIGH COURT OF ANDHRA PRADESH [3458] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...PETITIONER(S) ...RESPONDENT(S) Challenging the notice vide Ref.No.12/2020 dated 23.01.2020 issued by to vacate from the in Ac.7.19 cents in R.S.No.69 of Chinna Jaggampeta Village, of since the lease granted in respect of the said land in favor of the petitioner was expired and the said land was attas under Navarathnalu Pedalandariki 2 2. Heard Sri Pappu Srinivasarao, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed on record a copy of the written instructions received from the 3rd respondent-Tahsildar, dated 28.01.2025. A perusal of the instructions dated 28.01.2025 reveals that the petitioners are not entitled for any right over the land in Sy.No.69 as it is government land and Tank-Poramboke which vests with the Irrigation Department and lease pattas were not renewed after 2012 and subject land was not acquired “for Navarathnalu Pedalandariki Illu” scheme, alternate land was identified for allotment of house site pattas in Sy.Nos.46-1, 44-1, 47-1. 4. In view of the same, the learned counsel for the petitioners contends that since the notice was issued for the purpose of issuing house site pattas, and that purpose has been resolved, the subject lands cannot be acquired for the said purpose. Therefore, the petitioners have prayed for set aside the impugned notice. 5. Having regard to the contentions, this Court is of the considered view that the purpose for which the impugned notice was issued has been served, as an alternate land has been identified. Consequently, the impugned notice cannot be sustained. If the subject land is required for any public purpose, the 3 respondents are at liberty to proceed with the acquisition after following due procedure under law. 6. The written instructions of the 4th respondent-Tahsildar, dated 28.01.2025 are placed on record. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 29.01.2025 KKV 4 12 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1682/2020 Date: 29.01.2025 KKV