Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 41106 (AP)

M. Vinod Kumar, v. The State of Andhra Pradesh,

WP/21002/2022 · 2025-11-02

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010348782022 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: 21002/2022 Between: 1. M. VINOD KUMAR,, S/O. M. GANGADHARAM,AGED-25 YEARS, OCC- AGRICULTURE,R/O. H.NO.4-23, INDIRA COLONY, RKVB PET,KARVETINAGARAM MANDAL, CHITTOOR DISTRICT. 2. M. RAGHAVENDRA,, S/O.M.BHSKAR, AGED- 30 YEARS, OCC- AGRICULTURE,R/O. H.NO.4-16, INDIRA COLONY, RKVB PET,KARVETINAGARAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR. 4. THE TAHSILDAR, KARVETINAGARAM MANDAL, KARVETINAGARAM, CHITTOOR DISTRICT. 5. THE VILLAGE REVENUE OFFICER, KARVETINAGARAM,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 Writ, or order or direction more particularly one in the nature of Writ of Mandamus,declaring the action of the respondents, 2 HBKM,J W.P.No.21002 of 2022 particularly the 4th respondent in allotting the kunta land in Sy.No.164/1 situated at R.K.V.B.Pet Village, Karvetinagar Mandal, Chittoor District, house sites for residential purposes under Navaratnalu as illegal, arbitrary, and against the law of environment and against all settled principles of law and consequently direct the 4th respondent not to allot/grant the kunta lands in Sy.No.164/1 situated at R.K.V.B.Pet Village, Karvetinagar Mandal, Chittoor District for house pattas for residential purpose and to 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 2nd respondent to consider petitioner's representation dt 07-04-2022 as not to allot/grant the kunta lands in Sy.No.164/1 situated at R.K.V.B.Pet Karvetinagar Mandal, Chittoor District, house site pattas for residential purpose and to pass such other order or orders as this Hon'ble deems fit and proper in the interest of justice, pending disposal of the main Writ Petition and to pass IA NO: 1 OF 2023 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 grant leave to the Respondent No.4 in Writ Petition No.21002 of 2022 to file the counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.21002 of 2022 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents particularly the 4th respondent in allotting the kunta land in Sy.No.164/1 situated at R.K.V.B.Pet Village, Karvetinagar Mandal, Chittoor District, house sites for residential purposes under Navaratnalu. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 2nd respondent dated 25.10.2025 submits that the Villagers of Indiranagar Colony H/o R.K.V.B. Pet Village, Karvetinagaram Mandal filed a petition before the District Collector, Chittoor dated 18.06.2021 stating that the Sy.No.164/1 of R.K.V.B. Pet Village, Karvetinagaram Mandal is classified as Kunta Poramboke and the said land was used for drinking water for cattle, but the said land was proposed for house site pattas. The petitioners have requested not to issue house site pattas in the said land. The petition is forwarded to the Tahsildar, Karvetinagaram to enquire and take necessary action as per the rules vide letter dated 18.06.2021. As per report of the 4th respondent dated 24.10.2025, the land in Sy.No.164/1 in an extent of Ac.1.42 cents of R.K.V.B. Peta village, Karvetinagaram Mandal is classified as Kunta & 1884 Bavi poramboke as per the Fair Adangal. Out of the extent of Ac.1.42 cents an extent of Ac.0.06 cents was taken for expansion of Highway Road, remaining extent of Ac.1.36 cents is being Kunta & Bavi, but there is no ayacut under this kunta, on the 4 HBKM,J W.P.No.21002 of 2022 ground there is no kunta & Bavi. In the year 1984 the then Tahsildar, Puttur granted 25 House site pattas vide proceedings dated 20.07.1984, the beneficiaries have not constructed any houses in the said land. In the year 2020, when the villagers requested to issue fresh house site pattas who were not having own houses, the then Tahsildar, Karvetinagaram granted 20 house site pattas vide proceedings dated 25.12.2020 under the welfare scheme of the state for housing. Now that the beneficiaries have taken up the work for construction of houses, out of 24 plots, 20 house site pattas were granted and 4 plots were kept vacant. Out of 20 beneficiaries 4 houses were constructed and for the remaining 16 houses, constructions have to take place. On the ground as stated supra, there is no kunta and house site pattas were already granted and now the beneficiaries are constructing the houses. 4. In view of the above said facts and circumstances, no relief can be granted in this writ petition. The written instructions of the 2nd respondent dated 25.10.2025 shall be made as part of the Court record. 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