APHC010223072020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14661/2020 Between: 1. MANGALATIRUPALLU, S/O. LATE M. KULLAAPPA. AGED 57 V CARS. OCC. COOLIE, R/O. D NO.4. 135-C. WARD NO.2. YENTIMULAPALLI PUTTAPARTHI MANDRIL, ANANTHAPURAM DISTRICT. 2. MANGALA LAXMINARYANA., S/O. DATE M. KULLAYAPPA. AGED 54 V EARS. OCC COOLIE. R/O. D NO2.-13B, WARD NO.2, YENUMULARVAL VILLAGE. PUTTAPARTHI MANDAL. ANANTHAPURAM DISTRICT. 3. MANGALA VENKATESHU,, S/O. LATE M. KULLAYAPPA, AGED 50 YEARS. OCC COOLIE. D NO.1/47, WARD NO.2. VENUMULAPALLI YUTTAPARTHI MANDAL, ANANTHAPURAM DISTRICT. 4. MANGALA CHANDRA,, S/O. LATE M. KULLAYAPPA. -17YEARS, OCC COOLI. R./O. D NO. 1 45-A. WARD NO.2. YENUMULAPALLI VILLAGE, PUTTAPARTHI MANDAL, ANANTHAPURAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. REVENUE DEPARTMENT. SECRETARIAT. VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, . ANANTHAPURAM DISTRICT. 3. REVENUE DIVISIONAL OFFICER, PENUKONDA DIVISION, 2 BKM,J W.P.NO.14661 OF 2020 ANANTHAPURAM DISTRICT. 4. TAHSILDAR, PUTTAPARTHI MANDAL. ANANTHAPURAM 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 of the respondents in insisting the petitioners to vacate from their respective houses along with the land admeasuring Ac.0.41 cents covered by Survey No.4-3 situated in Yenumulapalli Village of Puttaparthi Mandal in Ananthapuramu 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 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 thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners houses along with land and to pass 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 interfere with petitioners’ possession and enjoyment over their respective houses along with land admeasuring Ac.0.41 cents covered by Survey No.4-3 situated in Yenumulapali Village of Puttaparthi Mandal in Ananthapuramu District, without following due process of law, pending disposal of main writ petition and pass 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 21-08-2020 passed in WP. 14661/2020 and dismiss the writ petition Counsel for the Petitioner(S): 1. NARESH KUMAR GUNDAPU Counsel for the Respondent(S): 3 BKM,J W.P.NO.14661 OF 2020 1. GP FOR REVENUE The Court made the following: 4 BKM,J W.P.NO.14661 OF 2020 ORDER No representation for the petitioners. 2. Heard the learned Assistant Government Pleader for the respondent Nos.1 to 4. 3. This writ petition was filed questioning the action of the respondents in insisting the petitioners to vacate from their respective houses along with the land admeasuring Ac.0.41 cents covered by Survey No.4-3 situated in Yenumulapalli Village of Puttaparthi Mandal in Ananthapuramu 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 law. 4. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4th respondent submits that the land in Sy.No.4-3 to an extent of Ac.0-41 cents, patta passbook was issued in the name of Sri Mangala Tirupalu/petitioner No.1 vide IB No.34. During the year 2008 for providing house sites to landless poor persons in Puttaparthi village and Mandal under <Indiramma-Housing Programme= on par with other adjacent lands, this land was also acquired under the Land Purchase scheme by paying compensation to assignees and their legal heirs. As such, the land in Sy.No.4-3 in an extent of Ac.0-41 cents of Enumulapalli village was also acquired under Land Purchase Scheme by paying compensation to the 1st petitioner with the written consent of other three brothers and one sister 5 BKM,J W.P.NO.14661 OF 2020 namely 1.Lakshmi Narayana, 2. Venkatesh, 3.M.Chandra, 4 Anjinamma i.e., petitioner Nos.2 to 4 and other namely Ms. Anjinamma. An amount of Rs.1,87,600/- @ Rs.70,000/- per acre was paid vide D.D.No.067734 dated 29.01.2009. Thus, an extent of Ac.0-41 cents in Sy.No.4-3 and an extent of Ac.2-27 cents in Sy.No.4-5 in total an extent of Ac.2-68 cents pertaining to the petitioner No.1 has been acquired under the Land Purchase Scheme duly following regular procedure in the year 2008. Even after receiving the compensation, the petitioners including the petitioner Nos.2 to 4 and others have illegally raised temporary sheds without giving possession to the Government. In the meanwhile, the house-site pattas were granted to eleven press people by the then Tahsildar in the year 2012 in the above said Sy.No.4-3. When the press people tried to enter into the house-sites granted to them, the family members of the petitioners objected them by saying not to enter into the houses. This issue is pending since 2012. Now the petitioners filed this present writ petition. No such proposals have been initiated at present to acquire the subject land for the purpose of providing house-sites under the welfare scheme of housing as alleged by the petitioners. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.0.41 cents in Survey No.4-3 situated in Yenumulapalli Village of Puttaparthi Mandal in Ananthapuramu District, strictly in accordance with law, if so warranted, for any public purpose. Encroachments, if any, and illegal constructions over the 6 BKM,J W.P.NO.14661 OF 2020 subject land, if any, shall be dealt with strictly in accordance with law by removing the same, following the due procedure. 6. 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 25.09.2025 LSP 7 BKM,J W.P.NO.14661 OF 2020 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14661/2020 25.09.2025 LSP