1 APHC010040312020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 2364/2020 Between: SVL Real Estate & Constructions Pvt. Ltd ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 2 ORDER: The present writ petition is filed questioning the action of respondents in proposing to allot the lands covered by GO.Ms.No.1209, dated 30.11.1993, for allotment of house sites to poor people and not implementing the said Governmental Order. 2. The case of the petitioner is that, it developed a residential layout in its land admeasuring an extent of Ac.110.12 cents in Sy.No.80P, 93 & 5P of Erukunaidupalem Village, Sabbavaram Mandal, Visakhapatnam District, with the approval of Visakhapatnam Urban Development Authority vide LP.No.18 of 1993. It is further case of the petitioner that, in the middle of the said layout on eastern side there is a government land admeasuring an extent of Ac.7.12 cents in Sy.Nos.79/1, 93/7, 8 & 9 of Erukunaidupalem Village. It is further stated that, the petitioner requested the respondents for allotment of the said government land in his favor by taking equivalent land from the petitioner’s layout. It is further stated that, the Commissioner of Land Revenue and the 2nd respondent considered the request of the petitioner and recommended for allotment of government land admeasuring extent of Ac.7.12 cents in Sy.Nos.79/1, 93/7, 8 & 9 of Erukunaidupalem Village. In pursuance thereof, the request of the petitioner was accepted and the respondents issued GO.Ms.No.1209, Revenue (Assignment I) Department, dated 30.11.1993 allotting the said land in favor of the petitioner in lieu of equivalent private lands in the above layout belonging to the petitioner. It is further stated that, despite issuance of the said GO, the same is not implemented. 3 3. It is further case of the petitioner that, the land covered under GO.Ms.No.1209, was proposed for allotment of house site pattas in favor of eligible beneficiaries under Navaratnalu Pedalandariki Illu Scheme. Questioning the said action in proposing to allot house sites over the lands covered under the above GO, the present writ petition is filed. 4. On the other hand, the respondent Nos.3 & 4 filed separate counter affidavits stating that, on verification of office records, the GO relied on by the petitioner is not available. It is further stated that, nothing is placed on record to show that the petitioner approached the respondents with a representation for allotment of government land in lieu of the lands belonging to the petitioner in LP No.18 of 1993. The counter affidavit further states that though initially the lands admeasuring an extent of Ac.7.12 cents in Sy.No.79/2, 93/7, 8 & 9 of Erukunaidupalem Village was identified for the purpose of distribution of house site pattas, in view of interim order dated 07.02.2020, passed by this Court, the said proposal was dropped. It is further stated that, the lands in dispute are situated at a distance of 6km from Mandal Headquarters and 23km from District Headquarters. It is further stated that, though the alleged GO was issued way back in the year 1993, the same was not implemented for various reasons. With the above pleadings, the respondents pray to dismiss the writ petition. 5. The present writ petition is filed questioning the action of respondents in proposing to allot the lands covered under GO.Ms.No.1209, dated 30.11.1993. On perusal of the counter affidavit, it is clear that, the proposal as 4 against the subject lands was dropped. In view of the same, the cause in the present writ petition insofar as allotment is concerned does not survive. Incidentally, the petitioner also questioned the action of respondents in not implementing GO.Ms.No.1209, dated 30.11.1993. On perusal of the counter affidavit, it is stated that there is no record available in respect of issuance of the said GO. It is also stated that the petitioner did not make any such request for allotment of land admeasuring an extent of Ac.7.12 cents in Erukunaidupalem Village. This Court is not inclined to go into the aspect of validity or otherwise of GO.Ms.No.1209, dated 30.11.1993. Further, the petitioner did not place any material on record to show that as to what steps it had taken since 1993 for implementation of the said governmental order. 6. In view of the same, liberty is granted to the petitioner to submit representation to the concerned for implementation of GO.Ms.No.1209, dated 30.11.1993, and upon such representation made, the respondents are directed to consider the same in accordance with law. 7. With the above observations the writ petition is disposed of. No costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.08.04.2025 KGR