APHC010130862020 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: 7911/2020 Between: 1. BADUGU VASUNDHARA,, D/O. BADUGU VIJAYA RATNAM, AGE-40 YEARS, OCC- UNMARRIED, R/O. 3/104, KETHAVARAM VILLAGE, CHAPADU MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 3. REVENUE DIVISIONAL OFFICER, RAJAMPET DIVISION, YSR KADAPA DISTRICT. 4. TAHSILDAR, CHAPADU MANDAL, YSR KADAPA 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 tobe pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioner from the agricultural land in Survey No.378 for an extant of Ac.1.28 cents situated in Alladupalli Village, Chapadu Mandal, YSR Kadapa District, for the purpose of allotment of house sites to the weaker sections under NAVARATNALU PEDLANDARIKI ILLU' scheme without issuing notice and without following any known procedure established by 2 HBKM,J W.P.No.7911 of 2020 law as illegal, arbitrary, violative of principles of natural justice and provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioner above said land IA NO: 1 OF 2020 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 not to dispossess the petitioner land in Survey No.378 for an extant of Ac.1.28 cents situated in Alladupalli Village, Chapadu Mandal, YSR Kadapa District, without following due process of law, pending disposal of main writ petition IA NO: 2 OF 2020 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 IA NO: 1 OF 2021 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 orders dt: 20.03.2020 in IA.No. 1 of 2020 in WP.No. 7911 of 2020 and dismiss the writ petition and pass such Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.7911 of 2020 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 in dispossessing the petitioner from the agricultural land in Survey No.378 for an extant of Ac.1.28 cents situated in Alladupalli Village, Chapadu Mandal, YSR Kadapa District, for the purpose of allotment of house sites to the weaker sections under the ‘Navaratnalu Pedlandariki Illu’ scheme without issuing notice and without following any known procedure established by law. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that no single cent of the land is in possession and enjoyment of the petitioner in Sy.No.378 in an extent of Ac.1.28 cents of Alladupalli Village. When the petitioner is not in possession and enjoyment of the subject land, the question of dispossessing her from the subject land does not arise. The subject land is a Kunta Poramboke land and there is no proposal for providing house sites under the welfare scheme of housing and the same was dropped as per the instructions of the Joint Collector, Kadapa and originally the land in an extent of Ac.1.28 cents in Sy.No.378 of Alladupalli Village is a Government Poramboke land classified as Pond (Kunta) as per the Re-Settlement Register. It is a water course poramboke land remained as it is till date. In fact, the change of classification 4 HBKM,J W.P.No.7911 of 2020 of the above said land was not done and no DKT patta was granted to the petitioner’s grandfather as the Engineers of Minor Irrigation Department did not accord their opinion over the change of classification of the subject land. Since the subject land is a Kunta Poramboke land it is not assigned to anybody and neither the writ petitioner nor the deceased grandfather were allowed to enter in the subject land. It is a glaring and an apparent fact on the ground that she is not in possession and enjoyment of the subject land. There is no single recorded evidence with the petitioner to prove that she is in possession and enjoyment of the subject land and it was decided to continue the land as it is as Kunta Poramboke. 4. In view of the above said facts and circumstances, no relief can be granted to the writ petitioner. However, the respondent Nos.2 to 4 are directed to deal with the subject land strictly in accordance with law and the subject Kunta Poramboke land shall be protected by all means in accordance with law making free from all encroachments. 5. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 03.11.2025 PGT