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2025 DAILYLAW 46358 (AP)

Valluru Murali v. The State of Andhra Pradesh

WP/12493/2020 · 2025-09-24

B Krishna Mohan

body2025

Judgment text

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APHC010193592020 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: 12493/2020 Between: 1. VALLURU MURALI, S/O RAMA KOTAIAH, AGED ABOUT 67 YEARS 2. EDUPUGANTI BHARATI, W/O NAGABHUSHANAM, AGED ABOUT 58 YEARS 3. E BUJJI, W/O E ABHIMANYUDU, AGED ABOUT 58 YEARS 4. RADHALA JHANSI, W/O RADHALA YESU, AGED ABOUT 56 YEARS 5. V SUBBA RAO, S/O BALAIAH, AGED ABOUT 60 YEARS 6. MANIKONDA RAYYAPPA, S/O MARAIAH, AGED ABOUT 60 YEARS 7. MOWA PRAMEELA RANI, W/O NAGESWARA RAO, AGED ABOUT 66 YEARS 8. MOWA SANGITHA RAO, S/O MUSALAIAH, AGED ABOUT 60 YEARS 9. VALLURU PAPA, VALLURU PAPA W/O YESU, AGED ABOUT 60 YEARS 10. VALLURU KOTAIAH, S/O DAVID, AGED ABOUT 45 YEARS 11. PAGOLU BABY, W/O KOTESWARA RAO, AGED ABOUT 60 YEARS 12. JUGGAVARAPU GANGADHARA RAO, S/O BHUJANGA RAO, AGED ABOUT 60 YEARS 13. EDUPUGANTI SESHAMMA, W/O SANJEEVA RAO, AGED ABOUT 60 YEARS 2 HBKM,J W.P.No.12493 of 2020 14. MATTA JAYAMMA, W/O CHINTALU AGED ABOUT 55 YEARS 15. EDUPUGANTI CHANDRA SEKHAR, S/O PURNACHANDRA RAO, AGED ABOUT 55 YEARS 16. TATUKURI KANNAYYA, S/O AROGHYAM, AGED ABOUT 48 YEARS 17. MOWA NAGENDRAM, W/O NAGESWARA RAO, AGED ABOUT 55 YEARS 18. POGOLU BALASWAMY, S/O RAGHAVULU, AGED ABOUT 55 YEARS 19. VALLURU MARIYAMMA, W/O NAGESWARA RAO, AGED ABOUT 65 YEARS 20. G PUSHPARAJYAM, W/O GANDRAPU YOHAN, AGED ABOUT 58 YEARS 21. KANAGALA VENKATESWARARAO, S/O RAJU , AGED ABOUT 65 YEARS (ALL THE PETITIONERS ARE RESIDENTS OF THOTLAVALLURU VILLAGE AND MANDAL KRISHNA DISTRICT) ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR AND ADDITIONAL DISTRICT MAGISTRATE, KRISHNA DISTRICT AT MACHILIPATNAM 3. THE TAHSILDAR, THOTLAVALLURU MANDAL KRISHNA DISTRICT. 4. THE REVENUE DIVISONAL OFFICER, VIJAYAWADA ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SURESH KUMAR POTTURI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.12493 of 2020 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 in passing the orders vide Revision No.E4.843/2013 dated 17.01.2020 and trying to assign the land admeasuring Ac.9.92 cents in R.S.No.166/6 situated at Totlavalluru Village, South Valluru, Thotlavalluru Mandal Krishna District which is in the possession of the petitioners for the house sites under the Navaratnalu Scheme and trying to dispossess the petitioners without following the due process of law. 3. On the other hand, the learned Assistant Government relying upon the written instructions of the 3rd respondent dated 22.09.2025 submits that the alternative land was identified and the same has been proposed for land acquisition under the welfare scheme of housing in the 1st Phase of Thotlavalluru Village and Mandal, which is under consideration as the subject land is covered by the interim order of status quo dated 11.08.2020 in this writ petition. The petitioners herein are the encroachers in the subject land of the writ petition. 4. In reply, the learned counsel for the petitioners submits that some of the petitioners died in this writ petition. 4 HBKM,J W.P.No.12493 of 2020 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.9.92 cents in R.S.No.166/6 situated at Totlavalluru Village, South Valluru, Thotlavalluru Mandal Krishna District, strictly in accordance with law and the encroachments if any, shall be removed strictly by following the due procedure and if the subject land is not already utilized by now for any public purpose, the same can be utilized, if so warranted for any public purpose, following the due process of law. However, it is open for the petitioners to make any representation to the respondent authorities concerned, for issuance of any house sites, if they come within the zone of eligibility under the existing scheme of the Government, enclosing all the necessary documents in support of their claim. If such representation is made afresh, the respondent authorities concerned can consider and dispose of the same, strictly in accordance with law by hearing all the parties concerned, upon verification of the records and identifying the suitable land and if the petitioners/the persons made the representation, if they are otherwise found to be eligible and entitled for any such benefit, the same can be considered as per the existing policy of the State. 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. The written instructions of the 3rd respondent dated 22.09.2025 shall be made as part of the Court record. 5 HBKM,J W.P.No.12493 of 2020 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 25.09.2025 PGT