APHC010381072020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25392/2020 Between: 1. VOMMI NEELIMA, W/O SANTHOSH NAIDU, AGED ABOUT 30 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 2. GADE SAVITRI, W/O SRINIVASA RAO, AGED ABOUT 45 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 3. GADE ARUNA, W/O RADHAKRISHNA, AGED ABOUT 37 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 4. KARANAM KUMARI, W/O RAMAKRISHNA, AGED ABOUT 44 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 5. KARANAM VANAJAKSHI, W/O DIWAKAR, AGED ABOUT 39 YEARS R/O KOSALI VILLAGE, BHIMINI MANDAL SRIKAKULAM DISTRICT 6. KARANAM KRISHNAVENI, W/O NUKARAJU, AGED ABOUT 31 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 7. VOMMI VENKATAMMA, W/O LATE ADINARAYANA, AGED ABOUT 75 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT 8. GUNAPU LAKSHMI, W/O CHINNODU, AGED ABOUT 67 YEARS R/O KOSALI VILLAGE, BHAMINI MANDAL SRIKAKULAM DISTRICT ...PETITIONER(S) 2 AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, SECRETARIAT AMARAVATI 2. DISTRICT COLLECTOR, SRIKAKULAM 3. REVENUE DIVISIONAL OFFICER, PALAKONDA, SRIKAKULAM DISTRICT 4. THE TAHASILDAR, BHAMINI MANDAL SRIKAKULAM DISTRICT 5. THE STATION HOUSE OFFICER, BATTILI POLICE STATION SRIKAKULAM ...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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to dispossess the Petitioners from their respective house site plots to an extent of Ac.0.04 cents in Plot No.17, Ac.0.03 cents in Plot No.31, Ac.0.03 cents in Plot No.30, Ac.0.03 cents in Plot No.25, Ac.0.03 cents in Plot No.24, Ac.0.03 cents in Plot No.26, Ac.0.04 cents in Plot No.18 and Ac.0.03 cents in Plot No.29 situated in Sy No 153 of Kosali Village, Bhamini Mandal, Srikakulam District to provide house sites to the weaker sections under NAVARATNALU - PEDALANDARIKI ILLU Scheme without following due process of law as illegal, arbitrary and violative of principles of natural justice as also contrary to Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with Petitioners' peaceful possession and enjoyment of their respective house to an extent of Ac.0.04 cents in Plot No.17, Ac.0.03 cents in Plot No.31, Ac.0.03 cents in Plot No.30, Ac.0.03 cents in Plot No.25, Ac.0.03 cents in Plot No.24, Ac.0.03 cents in Plot No.26, Ac.0.04 cents in Plot No.18 and Ac.0.03 cents in Plot No.29 situated in Sy No 153 of Kosali Village, Bhamini Mandal, Srikakulam District to provide house sites to the weaker sections under NAVARATNALU - PEDALANDARIKI ILLUm Scheme and 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 3 be pleased to direct the Respondents not to interfere with Petitioners’ peaceful possession and enjoyment of their respective House Site Plots to an extent of Ac.0.04 cents in Plot No.17, Ac.0.03 cents in Plot No.31, Ac.0.03 cents in Plot No.30, Ac.0.03 cents in Plot No.25, Ac.0.03 cents in Plot No.24, Ac.0.03 cents in Plot No.26, Ac.0.04 cents in Plot No.18 and Ac.0.03 cents in Plot No.29 situated in Sy No 153 of Kosali Village, Bhamini Mandal, Srikakulam District and pass IA NO: 1 OF 2022 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 vacate the interim order dt 30-12-2020 passed in W.P.No.25392 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. P RAJKUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in trying to dispossess the petitioners from their respective house sites to an extent of Ac.0.04 cents in plot No.17, Ac.0.03 cents in plot No.31, Ac.0.03 cents in plot No.30, Ac.0.03 cents in plot No.25, Ac.0.03 cents in plot No.24, Ac.0.03 cents n plot No.26, Ac.0.04 cents in plot No.18 and Ac.0.03 cents in plot No.29 situated in Sy.No.153 of Kosali village, Bhamini Mandal, Srikakulam District to provide house sites to the weaker sections under ‘Navaratnalu-Pealandariki Illu’ scheme. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the petitioners were assigned pattas for construction of house sites by the then Tahsildar, Bhamini on condition of construction of houses within a period of six (6) months in Sy.No.153 of Kosali village, Bhamini Mandal. The petitioners have got already houses and agricultural lands in Kosali revenue village. The petitioners failed to construct houses in their assigned patta lands and failed to reside therein. Hence, they violated the condition No.2 of patta lands. Hence, the Revenue Divisional Officer, Palakonda Division, formerly Srikakulam District, Parvathipuram Manyam District, cancelled the above said pattas as they violated the 5 condition No.2 and failed to construct houses vide proceedings dated 28.12.2020 of the RDO, Palakonda. Then the government proposed to provide house sites to the weaker sections under YSR House Schemes in the said lands (cancelled pattas) in Sy.No.153 of Kosali village, Bhamini Mandal. The Grampanchayat, Kosali also passed resolution for construction of Rythu Bharosa Kendram and cancelled patta lands. There is an interim order of this court dated 30.12.2020. 4. 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.0.04 cents in plot No.17, Ac.0.03 cents in plot No.31, Ac.0.03 cents in plot No.30, Ac.0.03 cents in plot No.25, Ac.0.03 cents in plot No.24, Ac.0.03 cents n plot No.26, Ac.0.04 cents in plot No.18 and Ac.0.03 cents in plot No.29 situated in Sy.No.153 of Kosali village, Bhamini Mandal, Srikakulam District strictly in accordance with law if so warranted for any public purpose and if not already used for the above said purpose of housing. 5. 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.09.2025 NNN