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2025 DAILYLAW 45867 (AP)

Jogi Bala, v. The State of Andhra Pradesh

WP/7011/2020 · 2025-09-21

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010113832020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7011/2020 Between: 1. JOGI BALA,, W/O.JOGI RAMU, HINDU, AGED 47 YEARS, R/O. H.NO.5-2-87, PANGIDIGUDEM ROAD, NEAR E.SEVA CENTRE, JANGAREDDYGUDGM, JANGAREDDYGUDEM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT., ELURU. 3. THE REVENUE DIVISIONAL OFFICER, KOVVUR, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, , JANGAREDDYGUDEM MANDAL, WEST GODAVARI DIST., 5. JANGAREDDYGUDEM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, JANGAREDDYGUDEM, JANGAREDDYGUDEM MANDAL, WEST GODAVARI 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the .respondents in demanding the petitioner to vacate and hand over the land of an extent of Ac.0-72 Cents in R.S.No.466/2 of Jangareddygudem Village, 2 Jangareddygudem Mandal, West Godavari District, in order to convert the said land into house plots to be allotted under Navaratnalu-Pedalandariki Illu- Programme, is nothing but arbitrary, illegal, unlawful and unreasonable and in violation of the Principles of Natural Justice and Fundamental Rights of the Petitioner guaranteed under Article 14, 21 and 300-A of the Constitution of India, by consequently directing the respondents not to dispossess the petitioner from the land of an extent of Ac.0-72 Cents in R.S.No.466/2 of Jangareddygudem Village, Jangareddygudem Mandal, West Godavari District, either by taking possesS/o.n of the same or otherwise, except under due process of law, 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 Grant Interim Orders of Direction directing the'respondents not to take possession of the land of an extent of Ac.O-72 Cents in R.S.No.466/ 2 of Jangareddygudem Village, Jangareddygudem Mandal, West Godavari District, either by dispossessing the petitioner therefrom or otherwise, until further orders of this Hon'ble Court, pending disposal of 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 To list the Writ Petition in W.P. 7011 of 2020 immediately in order to obtain Interim Orders as prayed by the petitioners in I.A.No. 1 of 2020 Counsel for the Petitioner: 1. P RAJESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 and the learned Standing Counsel for the 5th respondent. 2. This writ petition was filed questioning the action of the respondents in demanding the petitioner to vacate and hand over the land of an extent of Ac.0.72 cents in R.S.No.466/2 of Jangareddygudem Village, Jangareddygudem Mandal, West Godavari District, in order to convert the said land into house plots to be allotted under NAVARATNALU- PEDALANDARIKI ILLU-Programme. 3. On the other hand, the learned Assistant Government Pleader and the learned Standing Counsel appearing for the respondents respectively submit that the respondent Nos.2 to 5 will follow the due procedure. 4. On 20.03.2020, there was an interim order directing the respondents not to dispossess the petitioner from the subject land. 5. On 17.02.2025, 10.03.2025, 01.04.2025, 31.07.2025 & 14.08.2025 also, the respondents sought time for filing counter-affidavit/getting instructions. 6. On 08.09.2025 also, the respondents took time to file counter-affidavit, but, they could not do so. 4 7. In view of the above said facts and circumstances, the respondent Nos.2 to 5 are directed to proceed with the subject land in an extent of Ac.1.72 cents in R.S.No.466/2 of Jangareddygudem Village, Jangareddygudem Mandal, West Godavari District, strictly in accordance with law, if not already allotted or used for the above said welfare scheme and if the petitioner is otherwise found to be in possession of the same, she shall be dealt with strictly in accordance with law, by giving due opportunity of hearing to all the parties concerned including the petitioner, and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. If the subject land is required for any public purpose, the respondent Nos.2 to 5 shall deal with the same in accordance with law. 8. Accordingly, the 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 22.09.2025 SCH 5 169 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.7011 of 2020 Date: 22.09.2025 SCH