APHC010564012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29545/2025 Between: 1. SHAIK KAREMULA, S/O.LATE IMAM SAHIB, AGED ABOUT 69 YEARS, OCC- AGRICULTURE, R/O.D.NO.4-29-4C, INDRA NAGAR, MADANAPALLI, ANNAMAYYA DISTRICT. 2. B.SURYANARAYANA, S/O.B.SIDDAPPA, AGED ABOUT 65 YEARS, OCC- AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. 3. M.NARASIMHULU, S/O.M.PEDDANNA, AGED ABOUT 68 YEARS, OCC-AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. 4. V.VENKATARAMANA, S/O.V.PEDDA REDDEPPA, AGED ABOUT 67 YEARS, OCC-AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL ANNAMAYYA DISTRICT 5. K.RAMACHANDRA, S/O.K.GANGANNA, AGED ABOUT 58 YEARS, OCC-AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT 6. M.SUJATA, W/O.NAGARAJU, AGED ABOUT 61 YEARS, OCC- AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT 7. B.VENKATASUBBAYYA, S/O.RAMAYYA, AGED ABOUT 66 YEARS, OCC-AGRICULTURE, R/O. B.K.PALLE VILLAGE, MADANAPALLE MANDAL APNAMAYYA DISTRICT -2- W.P. No.29545 OF 2025 Date of order:04.12.2025 ...PETITIONER(S) AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, MANDANAPPALE REVENUE DIVISION, MANDANAPPALE, CHITTOOR DISTRICT. 4. THE TAHSILDAR, MADANAPALLE MANDAL, CHITTOOR DISTRICT. ...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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the action of the respondent No.4 in issuing the endorsement, dated 08.09.2025 in Application No.DER012501565901, thereby rejecting the application submitted by us for survey and subdivision for the House Plot No.l, 2, 3, 4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, Madanapalle Mandal, Annamayya District, stating that there is government house site dispute and further interfering with our rights over the House Plot No.l, 2, 3, 4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, Madanapalle Mandal, Annamayya District assigned in our favour in the year, 1994 stating that the same is required for assignment in favour of third parties and that we have not constructed pakka houses within the time stipulated as illegal, colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental and Constitutional Rights guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently A. direct the respondents No. 2 to 4 not to interfere with our rights over the House Plot No.l, 2, 3, 4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, -3- W.P. No.29545 OF 2025 Date of order:04.12.2025 Madanapalle Mandal, Annamayya District under the guise that the same is required to be assigned in favour of the third parties B. set aside the Endorsement, dated 08.09.2025 in Application NO.DER012501565901 issued by the respondent No.4 and further direct the respondents to conduct survey and subdivided the House Plot No.l, 2, 3, 4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, Madanapalle Mandal, Annamayya District, as per the Application NO.DER012501565901 and pass IA 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 direct the respondents No. 2 to 4 not to interfere with petitioners rights over the House Plot No. 1, 2, 3, 4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, Madanapalle Mandal, Annamayya District, without following due process of law, pending disposal of the above Writ Petition and pass IA 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 pleased to suspend the operation of the Endorsement, dated 08.09.2025 in Application No.DERO 12501565901 issued by the respondent No.4 and direct the respondent No.4 to conduct survey and subdivided the House Plot No.l, 2, 3,4, 15, 17 and 18 in an extent of Ac.0.02 cents each in Sy.No. 104-2 of B.K.Palle Village, Madanapalle Mandal, Annamayya District, by following due process of law, pending disposal- of the above Writ Petition and pass Counsel for the Petitioner(S): 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -4- W.P. No.29545 OF 2025 Date of order:04.12.2025 THE HON’BLE SRI JUSTICE D. RAMESH WRIT PETITION No.29545 OF 2025 ORDER: 1. The present writ petition is filed challenging the rejection order, vide endorsement dated 08.09.2025, which was issued in response to the application of the petitioner, dt.07.08.2025. 2. The case of the petitioners is that they are houseless persons. Based on the applications made by them, the respondents, more particularly, the 4th respondent, allotted house sites bearing plot numbers 1,2,3,4,15,17 and 18, each admeasuring 0.02 acres in Survey No.104-2 of B.K. Palle Village, Madanapalle Mandal, Annamayya District. However, while the plots were allotted, no subdivision or demarcation of the sites was carried out at that time. Subsequently, when certain third parties attempted to interfere with their possession, the petitioners filed O.S. No. 356 of 2019 before the I Additional Junior Civil Judge, Madanapalle, seeking permanent injunction. The suit was decreed on 21.12.2020. Similarly, one M.Surendra also filed a suit against the petitioners, which was dismissed on 25.02.2020. Thereafter, the petitioners submitted a representation on 22.04.2023 to the 4th respondent, requesting sanction of financial assistance for -5- W.P. No.29545 OF 2025 Date of order:04.12.2025 construction of pakka houses, as well as subdivision and survey of the plots to fix the boundaries. However, this request was rejected on the ground that the land is Government house sites. Subsequently, the petitioner filed an application on 07.08.2025 seeking sub-division of plots and handover the possession. The said application has been rejected by the authorities on the ground that the said lands are Government house sites. 3. The contention of the petitioners is that their requests are based on the pattas duly granted in their favour by the 4th respondent. Moreover, when third party interference occurred earlier, the petitioners had approached the competent civil court, which decreed the matter in favour of the petitioners. Therefore, once pattas were granted, the respondents were bound to survey the land and fix boundaries to the allotted plots. But, surprisingly, the rejection order dated 08.09.2025 is strange only on the ground that the subject lands are the Government house sites. 4. Despite being granted time, the learned Government Pleader for Revenue was unable to produce written instructions in this regard. 5. Hence, considering the submissions of the learned counsel for the petitioner, the rejection order dated 08.09.2025 is set aside and the matter is remitted to the 4th respondent to reconsider the application of the petitioners dated 07.08.2025 and to pass a -6- W.P. No.29545 OF 2025 Date of order:04.12.2025 reasoned order based on the record. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 6. Accordingly, the writ petition is disposed of. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV