APHC010173542020 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: 10987/2020 Between: 1. KONA ESWARA RAO, S/O LATE BHAGAVAN AGE 71 YEARS, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT 2. KONA SAHA DEMUDU, S/O LATE BHAGAVAN AGE 70 YEARS, 1-133, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT 3. KONA KRISHNA, S/O LATE BAHGAVAN AGE 54 YEARS, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT 4. KONA SATYANARAYANA, S/O LATE BHAGAVAN AGE 50 YEARS, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT 5. KONA BHAGAVAN, S/O LATE APPA RAO AGE 44 YEARS, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT 6. KONA NAGARAJU, S/O LATE APPA RAO AGE 42 YEARS, PYDIVADA AGRAHARAM, SABBAVARAM MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL 2 SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P., 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P., 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 4. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM 5. THE SPECIAL DEPUTY COLLECTOR, ( LAND ACQUISITION/LAND POOLING), CUM-PROJECT DIRECTOR, D.R.D.A., VISAKHAPATNAM 6. THE TAHSILDAR, SABBAVARAM MANDAL, VISAKHAPATNAM 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the high handed and illegal action of the respondents in attempting to take possession of the agricultural land situated in an extent of Ac.4-00 cents covered by Sy.No. 1 of Pydivada Agraharam Revenue Village, Sabbavaram Mandal, Visakhapatnam District, without considering the petitioners right, title and possession over the same and without following the due process of law, on the premise of providing house sites under the scheme 'Navaratnalu-Pedalandariki Illu' in the name of Voluntary Land Pooling by issuing G.O.Ms.No. 72, Municipal Administration and Urban Development Department, dated 25-01-2020 as illegal, unjust, malafide and against the principles of Natural Justice besides violation of Article 14, 21 and 300 A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioners possession and enjoyment of the above said agricultural 3 land in any manner including the petitioners dispossession and allot or assign the same as house sites, in the interest of justice 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 issue an interim direction against the respondents not to interfere with the petitioners possession and enjoyment of the agricultural land situated in an extent of Ac.4-00 cents covered by Sy.No. 1 of Pydivada Agraharam Revenue Village, Sabbavaram Mandal, Visakhapatnam District, in any manner including the petitioners dispossession and allot or assign the same as house sites under the scheme “Navaratnalu-Pedalandariki Illu” by suspending the operation of G.O.Ms.No. 72, Municipal Administration and Urban Development Department, dated: 25-01-2020, during the pendency of this writ petition, in the interest of justice and to pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 4 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 attempting to take possession of the agricultural land situated in an extent of Ac.4.00 cents covered by Sy.No.1 of Pydivada Agraharam Revenue Village, Sabbaravaram Mandal, Visakhapatnam District without considering the petitioners‟ right, title and possession over the same and without following the due process of law, on the premise of providing house sites under the scheme „Navaratnalu- Pedalandariki Illu‟ in the name of Voluntary Land Pooling by issuing G.O.Ms.No.72, Municipal Administration and Urban Development Department, dated 25.01.2020. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities concerned will follow the due procedure. 4. In view of the above said facts and circumstances, the respondent Nos.3 to 6 are directed to deal with the subject land in an extent of Ac.4.00 cents covered by Sy.No.1 of Pydivada Agraharam Revenue Village, Sabbaravaram Mandal, Visakhapatnam District strictly in accordance with law if so warranted for any public purpose. If the petitioners are otherwise found to be in possession of the same, they 5 shall be dealt with strictly in accordance with law by giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession shall not be made except by following the due process of law. 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 23.09.2025 NNN