APHC010374152020 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: 24932/2020 Between: 1. MADDIPATI UMA SUNDHARI, W/O.DHARMENDRA CHOWDARY, AGED 30 YEARS, OCC. CULTIVATION, R/O. RAMANNAGUDEM VILLAGE, TADEPALLIGUDEM MANDAL, W.G. DIST. 2. GANNAMANI NAGA SANDHYA RANI,, W/O. DORABABU, AGED 35 YEARS, OCC. CULTIVATION, R/O. JAGANNADAHAPURAM VILLAGE, TADEPALLIGUDEM MANDAL, W.G. DIST. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS. PRINCIPAL SECRETARY, REVENUE DEPT. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT 3. THE REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM REVENUE DIVISION, WEST GODAVARI DISTRICT. 4. THE TAHSILDHAR, KOYYALAGUDEM 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 toto issue a writ or order or a direction more particularly in a nature of writ of MANDAMUS declaring the action of the respondents especially 4th Respondent who issued proceedings in Roc.No. 151/2020(A), dt. 18-12-2020 2 BKM,J W.P.NO.24932 OF 2020 in deciding to assign house site plots to the poor under the scheme of NAVARATNALU PEDALANDARIKI ILLU in the land situated in R.S.No. 31/6 of Ponguturu village, Koyyalagudem mandal, W.G. Dist. which is classified as Kalibata/Gramakantam by changing the classification / nature of the land to Government assessed waste, without following procedure as directed by this Honourable Court in its order in W.P.No.5191 of 2020 dt. 03-03-2020 to follow norms stated in Board Standing Orders while considering the farmers facilities, which is illegal, improper, violative of the provisions of Panchayatraj act and Board Standing orders -15, and violative of principles of natural justice, and violative of Articles 14, 21 and 300-A of constitution of India, consequently set aside the impugned proceedings by directing the respondents not to allot house pattas by changing the classification/ nature of the land in R.S.No. 31/6 situated in Ponguturu Village, Koyyalagudem Mandal, W.G. Dist., and to pass such other order or 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 Direct the respondents, not to assign house site plots to the poor under the scheme of NAVARATNALU PEDALANDARIKI ILLU in the land situated in R.S.No. 31/6 of Ponguturu village, Koyyalagudem mandal, W.G. Dist. in pursuance of the proceedings of the 4th respondent in Roc.No. 151/2020(A), dt. 18-12-2020 which is classified as Kalibata/Gramakantam pending disposal of the writ petition and to 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 To vacate the intrim order granted on 23/12/2020 in WPNo 24932/2020 and dismiss the writ petition and topass Counsel for the Petitioner(S): 1. NARASIMHA RAO DAVULURI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 BKM,J W.P.NO.24932 OF 2020 ORDER Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondents especially the 4th Respondent who issued proceedings in Roc.No. 151/2020(A), dt. 18-12-2020 in deciding to assign house site plots to the poor under the scheme of NAVARATNALU PEDALANDARIKI ILLU in the land situated in R.S.No.31/6 of Ponguturu village, Koyyalagudem Mandal, West Godavari District which is classified as Kalibata/Gramakantam by changing the classification / nature of the land to Government assessed waste, without following procedure as directed by this Hon’ble Court in its order in W.P.No.5191 of 2020 dt. 03-03-2020 to follow norms stated in Board Standing Orders while considering the farmers facilities. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that, the land in an extent of Ac.1-30 cents in Sy.No.31-6 of Ponguturu Village in Koyyalagudem Mandal was classified in village accounts as Foot Track Poramboke. The petitioners are having zerayati land in R.s.No.31/1,2,3,4,5 adjacent to the said foot track poramboke. The said foot track poramboke is having about 60ft widthwhich was laid for the usage of the public and all the ryots of the village, situated between the petitioner’s land and R&B road. The subject land thereafter was converted by following the due procedure for the purpose of allotment of house-sites and for the above said welfare scheme of housing. Accordingly, the change of classification was made in respect of Ac.1-30 cents in R.S.No.31/6. There are no obstructions for ingress and egress to the internal roads from foot track poramboke to the agricultural lands. As per the directions of this Court in W.P.No.5191 of 2020, notices were issued to the petitioners on 26.10.2020, 06.11.2020 and 26.11.2020. The petitioners submitted their explanation on 02.12.2020. The respondents accepted the 4 BKM,J W.P.NO.24932 OF 2020 petitioners’ objection and removed the plot No.12 from the layout plan, for which, the petitioners were satisfied. The respondent issued the speaking order on this issue and the same was served to the petitioners. The respondents arranged permanent drain for the purpose of flow of waste water from the petitioner’s land to the main road. Accordingly, the lay out was completed. However, this Court passed an interim order dated 23.12.2020 to maintain status quo with regard to the subject land. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject houses, strictly in accordance with law, if so warranted, for any public purpose and if not already utilized by now for the above said welfare scheme of housing. 5. 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 24.09.2025 LSP 5 BKM,J W.P.NO.24932 OF 2020 249 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24932/2020 24.09.2025 LSP