APHC010168522020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 10592/2020 Between: 1. N. SUDHAKAR REDDY, S/O RAMA SUBBAREDDY AGE 42 YEAR R/O AKKIREDDYPALLI VILLAGE, KALASAPADU MANDAL, SANKAVARAM POST, BADVEL TALUK, KADAPA DISTRICT ...PETITIONER AND 1. GOVERNMENT OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT 2. THE DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA 3. THE REVENUE DIVISIONAL OFFICER, JAMMALAMADUGU,KADAPA DISTRICT 4. THE TAHSILDAR, PRODDUTURU, KADAPA 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 declare the action of Respondents assigning available lands in Sy.No.8/4,5,6,7,8 to an extent of 92 cents in Peddasettipalle Village under Navaratnalu Programme ignoring allotment of alternate land to the Petitioner as per directions of this Honble Court is illegal, arbitrary, unfair and contrary to the Order of 2 this Honble Court dated 28-03-2018 in W.P. No. 20772 of 2006 and violation of Art. 14, 21 of Constitution of India., and consequently direct the Respondents allot / assign the land the Petitioner in Sy.No. Sy.No.8/4,5,6,7,8 of Peddasettipalle Village as alternative land 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 be pleased pleased to stay the allotment of House sites of Government lands to the third parties available in Sy.No.8/4,5,6,7,8 of Peddasettipalle Village, Proddatur Mandal, Kadapa District pending disposal of the above 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 granted on 24-06-2020 in IA.No.1/2020 in WP.No.10592/2020 and dismiss the writ petition and pass Counsel for the Petitioner: 1. T D PANI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 3 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 assigning the available lands in Sy.No.8/4, 5, 6, 7 & 8 to an extent of 92 cents in Peddasettipalle village under Navaratnalu Programme ignoring allotment of alternative land to the petitioner as per directions of this court in W.P. No.20772 of 2018 dated 28.03.2018. 3. The learned counsel for the petitioner submits that the respondent authorities are trying to assign the available land in an extent of 92 cents in Sy.No.8/4, 5, 6, 7 & 8 in Peddasettipalle village under the welfare scheme of housing without allotting alternative land to the petitioner as per the directions of this court in W.P. No.20772 of 2018 dated 28.03.2018. The petitioner is an ex-serviceman, rendered his services in the Indian Army. In recognition of the services, he was granted DKT patta vide patta No.31/1408 dated 17.08.1999 on payment of market value to an extent of Ac.2.50 cents in Sy.No.8/3 and to an extent of 85 cents in Sy.No.34 of Kothepet Village, Peddashettipalle Grampanchayat, Proddatur Mandal, Kadapa District. 4. Since the Sarva Siksha Abhiyan constructed additional class rooms in the lands of the petitioner under DKT patta, he filed W.P. 4 No.20772 of 2006 and the same was disposed of vide order dated 28.03.2018 as under: <the petitioner is given liberty to submit a detailed representation to the 1st respondent for grant of alternative land and the 1st respondent shall consider such representation of the petitioner for grant of DKT patta to an extent of 85 cents as the said land of the petitioner was utilized for construction of two additional class rooms for the Mandal Parishad Primary School, duly taking into consideration the service rendered by the petitioner to the nation, and pass appropriate orders within a period of eight weeks from the date of receipt of the representation. It is needless to say that it is always open to the respondents to verify whether DKT patta was granted in favour of the petitioner to an extent of 85 cents of land in Sy.No.34.= 5. Then the petitioner enquired about the availability of the government lands adjacent to the lands allotted to him and made a representation to the 2nd respondent on 23.04.2019 seeking allotment of land to an extent of 0.85, Ac.1.25 cents in Sy.No.10, 0.86 cents in Sy.No.71/1 of Modameedi village of Prodduturu Mandal and 0.92 cents in Sy.No.8/4, 5, 6, 7 of Peddasettipalle Village, the Government vacant lands are available for assignment and the 2nd respondent was requested for allotment of such land equivalent to the land assigned to him under DKT patta 31/1408. Then the 4th respondent submitted his report dated 27.04.2019 to the 2nd respondent reporting that the lands in Sy.No.231/2, Sy.No.71/1 are classified as Kunta for grant of assignment, whereas the lands in Sy.No.8/4, 5, 6 & 7 to an extent 0.92 5 cents is in occupation of farmers by way of hayricks so the land allotment is not possible for grant of assignment within the period of time stipulated and suggested for allotment of land in Sy.No.657 of Chowduru village which is having a total extent of Ac.275.76 cents and out of it 0.85 cents can be allotted to him. Abruptly stopping there from further process, the respondent authorities were in active consideration to allot house sites for the poor in the above said survey numbers. 6. 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 0.85 cents in Sy.No.701 of Chowduru Village has been proposed so as to allot the same to the petitioner. In this process, a detailed report for change of classification of the land to thopu poramboke to Assessed Waste was submitted to the District Collector, Kadapa vide report dated 20.01.2020. As and when the orders are received, necessary action will be taken for assignment of the above said land to the petitioner. 7. Thus, all the sincere efforts have been made so as to compensate 0.85 cents of land fit for cultivation to the petitioner in pursuance of the earlier orders of this Hon’ble Court in the above said previous writ petition. The petitioner intentionally filed this writ petition to stall the allotment of house site pattas in Sy.No.8/8 in an extent of 0.70 cents. Since, it is only suitable for house site, and it is only the 6 government land available in the village for house sites, the same is allocated for the same. 8. In view of the above said facts and circumstances, the writ petition is disposed of with a direction to the petitioner to pursue with the authorities concerned in respect of the representation made and the progress made so far by the respondent authorities concerned as stated supra for the purpose of consideration of allotment of suitable land for the petitioner in pursuance of the directions of this court in the earlier writ petition as stated above. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.09.2025 NNN