I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ""'NAVATI WEDNESDAY, THE TWENTY NINETH DAY OF TWO THOUSAND AND TWENTY PRESENT the honourable smt justice WRIT PETITION ^Q. np ^ HI FIVEJANUAF^^, is of lO-A kiranmayee mand)^^^'^' 2020 Between: Kalaga Venkata Subrahmany Age 44 years, Occ; Village Peidavegi Manijal a Somayaji, S/o. Venkata Safaynarayana Murthy Advocate, R/ o. D. No. 5-26 Road No. West Godavari District 2, Dondapadu -petitioner AND rep. by it's Principal Secretary. Revenue PrI. Secretary, Secretariat Velagapudi T The State of Andhra Pradesh Department Rep. by it's r Amaravati, Guntur District 2. The District Collector, 3. The Revenue Divisional District. West Godavari District Eluru Officer, Eluru Division Eluru, West Godavari 4. The Tahsildar, Pedavegi Mandal 5. The Q Pedavegi, West Godavari District Duggirala. Pedaveg, Mandal West Godavari District. ...RESPONDENTS - Petition under Article the circumstances be pleased to issue an appropriate Writ, one in the nature of l/y/^/r 226 of the Constitution stated in the affidavit filed of India praying that in therewith, the High Court may OP direction, more particularly declaring the action P oposing to assign house site plots i - respondents in of the '0 R.S. No. 367 of Duggirala Village, Pedavegi Mandal, West Godavari classified as Tank' (Ravikunta District which Cheruvu) and in the open sites situated i approved layout situated in R.S. Nos. 368/2,4,5,6,7818 371/3C part, 373/1,4and5 and 375/4,5and7 Manual, West Godavari District was in 369/2,3, 427, of Duggirala Village, Pedavegi '"egal, arbitrary and violative of principles of natural justice and contrary to the Board the Andhra Pradesh Panchayat Raj Act and the and the verdict of Hon'ble Supreme Court of India in Intellectuals Forum Standing orders. Section 58 of vs. State of Andhra Pradesh consequently direct the respondents not to allot the said land as house sites and take appropriate action to protect e said tank and open sites by restoring to old position in the interest of reported in (2006) 3 SCO 549 and justice, r-' lA NO: 1 OF 9090 Petition under Section ^51 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents, not to assign house site plots in R.S. No. 367 of Duggirala Village, Pedavegi MandalI, West Godavari District which was classified as Tank' (Ravikunta Cheruvu) and in the open sites situated in approved layout situated in R.S. Nos. 368/2,4,5,6,7 & 8, 371/3C part, 373/1,4 & 5 and 375/4 5 369/2,3, 427, ^ ^ of Duggirala Village, Pedavegi Mandal, West Godavari District pending disposal Counsel for the Petitioner; of the Writ Petition. SRI KAMBHAMPATI RAMESH BABU 1 to 4: GP FOR REVENUE - Counsel for the Respondent Nos. Counsel for the Respondent No.5: GP FOR IRRIGATION & COMMAND AREA DEVELOPMENT Counsel for the Respondent No.6: RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER SRI YARRAGUNTLA KOTESWARA r 7 ■% APHC010100242020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6028/2020 Between: Malaga Venkata Subrahmanya Somayaji ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: I.Kambhampati Ramesh Babu Counsel for the Respondent(S): 1.GP for Revenue (AP) 2.GP for Irrigation and CAD (AP) The Court made the following order: Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 2. Challenging the action of the respondents in proposing to issue house site Pattas in R.S.No.367 of Duggirala Village, Pedavegi Mandal, West Godavari District, which is classified as Tank’ (Ravikunta Cheruvu) and the sites which are approved layout situated in R.S.Nos.368/2. 4, 5, 6, 7 & 8, 4^ 369/2, 3, 427, 371/3C part, 373/1,4 & 5 and 375/4, 5 & 7 of Duggirala Village Pedavegi Mandal, West Godavari District, the present writ petition is filed. 3. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed on record a copy of the written instructions received from the 4*^ respondent-Tahsildar, dated 12.01.2025. A perusal of the same would reflect that some of the eligible beneficiaries issued house site Pattas in respect of R.S.No.367. Since the tank abandoned and there is no water in the said tank and there is no ayacut land under said tank and the ground is levelled and everyone is using the land rastha. It is further stated by the learned Assistant Government Pleader that at present there is no proposal for issuance of the house site Pattas and the remaining extent of land is being used as rastha and even the petitioner has been using the said land as rastha. were was as 4. The relevant portion of the written instructions is extracted hereunder; “Further I submitted that some of the House site Pattadars are constructed RCC buildings in the said Tank from 10 years back and live In it some plots are vacant. The plots owners in R.S.No.367 of Ravikunta Chevru are objected to the Jirayathi land house plot owners to enter Into their house site plots used as Dari. ” The said instructions of the 4^'' respondent-Tahsildar dated 12.01.2025 are placed on record. 5. 6. Recording the said submission, the Writ Petition is disposed of, however, the respondents are directed not to issue house site Pattas in X % in R.S.No.367. There shall respect of the land which is being used as rastha in be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. The District Collector, West Godavari District Eluru. The Revenue Divisional Officer, Eluru Division Eluru, West Godavar[ District. The Tahsildar, Pedavegi Mandal Pedavegi, West Godavari Distrjet. The Superintendent Engineer Irrigation Department, Eluru, West Godavarf District. The Secretary, Duggirala Gram Panchayat, Duggirala, Pedavegk" Mandal, West Godavari District. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]- Two CCs to GP for Irrigation & Command Area Development, High Court of Andhra Pradesh. [OUT] One CC to Sri Yarraguntia Koteswara Rao, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. gi ✓ HIGH COURT DATED:29/01/2025 ORDER WP.No.6028 of 2020 X 2UUN 2025 to, ^ . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS