APHC010447622022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 27415/2022 Between: 1. PEYYALA YACOB,, S/O LATE PEYYALA VEERANNA, OCC BUSINESS, 1-171, SC KOTHA PETA, 2 VA VEEDHI, KAPILESWARAPURAM MANDALAM, KALERU, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, , EAST GODAVARI DISTRICT, KAKINADA, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, , KAPILESWARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT PANCHAYAT OFFICER, KALERU VILLAGE, KAPILESWARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 6. THE GRAMA PANCHAYAT KALERU VILLAGE, KAPILESWARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADES 2 HBKM,J W.P.No.27415 of 2022 ...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 pleased topleased to issue a Writ Order of direction particularly, one in the nature of Writ of Mandamus declaring the action of the respondents for their unauthorized interference over the lands situated in Survey Nos. 102-1 and 130/10 to an extent of Ac.2.11 cents and Ac.o.53 cents respectively for the purpose of the flagship program of the government, NAVARATNALU PEDALANDARIKIELLU as illegal, arbitrary and violation of principles of natural justice and also Article 14,16,19,21 and 30o-A of the Constitution of India and consequently direct the respondents to stall the further construction except in accordance with law and pass IA NO: 1 OF 2022 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 direct the respondents to stall the further construction in the lands situated in Survey Nos. 102-1 and 130/10 to an extent of Ac.2.11 cents and Ac.o.53 cents respectively, situated in Kaleru Village, Kapileswarapuram Mandal, East Godavari District, for the purpose of the flagship program of the government, "NAVARATNALU-PEDALANDARIKIELLU" except in accordance with law and pass o IA NO: 2 OF 2022 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 vacate the interim order dated 29.08.2022 in W.P.No.27415 of 2022 and also dismiss the writ petition and pass IA NO: 3 OF 2022 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 vacate the interim order dated 29.08.2022 in W P.No. 27415 of 2022 as divide of merits and pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR 3 HBKM,J W.P.No.27415 of 2022 Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4 HBKM,J W.P.No.27415 of 2022 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents for their unauthorized interference over the lands situated in Survey Nos.102-1 and 130/10 to an extent of Ac.2.11 cents and Ac.0.53 cents respectively for the purpose of the flagship program of the Government Navaratnalu Pedalandariki Illu. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 25.09.2025 submits that against the orders of the Hon’ble High Court in W.P.No.9550 of 2020 dated 18.06.2020, an endorsement was issued to the petitioner on 24.06.2020, in response to its petition dated 20.05.2020 informing that no land was proposed in Sy.No.100 in an extent of Ac.1.15 cents for providing house sites as it was noted as burial ground as per the revenue records, adjacent to the Sy.No.102/1 has been proposed for providing house sites to the houseless poor. With regard to another Sy.No.130/10 of Kaleru Village, no land was proposed for providing house sites in the said survey number. The Grampanchayat authorities passed the resolution vide No.48 dated 22.10.2020 for an extent of Ac.0.06 cents for construction of Rythu Bharosa Kendrams, Ac.0.06 cents for construction of YSR Health Clinic (wellness center) covered by Sy.No.130/10, which was handed over to the Engineering 5 HBKM,J W.P.No.27415 of 2022 Assistant, Kaleru Village Secretariat. The entire land in Sy.No.130/10 having full extent of Ac.0.53 cents is classified as Government Dry, whose pattadar name was recorded as “Taluka Board President” as per the Kaleru Village A- Register. 4. In view of the interim orders of this Court dated 29.08.2022 in this writ petition the constructions were stalled in Sy.No.130/10 of Kaleru Village, pending further orders. The proposed land for providing house sites to houseless poor in an extent of Ac.1.65 cents in Sy.No.102/1 was leveled on the ground and layout was prepared. 5. In view of the above said facts and circumstances, the respondent authorities concerned are directed to deal with the subject land in an extent of Ac.2.11 cents in Sy.No.102-1 and Ac.0.53 cents in Sy.No.130/10, strictly in accordance with law, if so warranted for any public purpose and the if the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned, including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. The written instructions of the 4th respondent dated 25.09.2025 shall be made as part of the Court record. 6. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 6 HBKM,J W.P.No.27415 of 2022 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.11.2025 PGT