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2025 DAILYLAW 47045 (AP)

.Lalam Vijayakumar v. State of Andhra Pradesh,

WP/15947/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

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APHC010242562020 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: 15947/2020 Between: 1. .LALAM VIJAYAKUMAR, SIO.LAKSHMI NARASAIAH, AGED ABOUT 62 YEARS, R/O. BOYAREVULA, VELGODU MANDAL, KUMOOL DIST 2. R.RAMACHANDRA MURTHY, S/O. R. VENKATESWARA SHARMA, AGED ABOUT 67 YEARS, R/O.D.NO.1-247, BHAVANI NAGAR, MALKUJGIRI HYDERABAD 3. NULU NAGEWARA RAO, S/O. MADDILETY, AGED ABOUT 70 YEARS, D.NO.8-45, RAJA STREET, VELGODU VILLAGE AND MANDAL, KURNOOL DIST 4. G.R. SOMAYAJULU, S/O. NARASIMHAIAH SHARMA, AGED ABOUT 67 YEARS, RIO. D.NO.11-130/2, RAJA VEEDHI, VELGODU MANDAL, KURNOOL DIST. 5. GANGA VAJJALA MANI MOHAN SHARMA, S/O. SATYNA NARAYANA AGED ABOUT 50 YEARS, R/O.1-98/1, GUNTAKANDALA POST, VELGODU MANDAL, KURNOOL DIST. 6. POTUGANTI YELLANNA, S/O. P.TIRUPATAIAH, AGED ABOUT 60 YEARS, D.NO.4-33, GURRAM PETA, VELGODU VILLAGE AND MANDAL, KURNOOL DIST. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT 2 HBKM,J W.P.No.15947 of 2020 BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 3. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, KURNOOL DISTRICT. 4. THE TAHASILDAR, VELGODU MANDAL, KURNOOL DIST. 5. THE SUPERINTENDENT ENGINEER, TELUGU GANGA PROJECT, NANDYAL, KURNOOL DIST ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.15947 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 trying to allot the lands in an extent of Ac.2.00 in Sy.No.1237 (1st petitioner), Ac.2.00 in Sy.No.1237 (2nd petitioner), Ac.3.50 in Sy.No.1238 (3rd Petitioner), Ac.2.09 in Sy.No.1233(A) (4th petitioner), Ac.2.09 in Sy.No.1233(B), (5th petitioner) and Ac.1.70 in Sy.No.1233 (B) (6th petitioner) situated at Velgodu Village and Mandal, Kurnool district as house site pattas under the Navaratnalu Scheme. 3. The learned counsel for the petitioners submits that the petitioners’ lands were acquired for the Telugu Ganga Project at Velgodu in Kurnool District and the petitioners received the compensation for the same. The project was completed. However, in the leftover of the subject lands, the Government proposed for allotment of house sites under the welfare scheme of the State. 4. He refers to the decision of the erstwhile High Court of Andhra Pradesh in W.A.No.184 of 2005, wherein it was allowed with a direction to the respondents therein to ensure that no part of the land in question is assigned or given it either on temporary or permanent lease to any person and to ensure that no encroachment is made on the land in question. If any 4 HBKM,J W.P.No.15947 of 2020 encroachment is made, the same shall be removed within two (02) months from the date of receipt of the said judgment. 5. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 22.09.2025 submits that once the lands were acquired and compensation is paid, they vest absolutely in the Government free from all encumbrances and such lands can be utilized for any other public purpose. The Hon’ble Supreme Court has upheld this principle in various judgments reported in 1996 (6) SCC 405, 1996 SC 3437, 1977 SC 448, 1965 C 1352. The petitioners have no legal enforceable right to seek re-conveyance of such lands. In the present case, some of the left over acquired lands were proposed for providing house sites to the poor people and houseless weaker section families in the Velgodu Village under the welfare scheme of the State. The then Tahsildar, Velgodu already distributed the house sites to the eligible beneficiaries in the said survey numbers. 6. In view of the above said facts and circumstances, no relief can be granted in this writ petition. 7. Accordingly, this Writ Petition is dismissed. Interim order if any deemed to have been vacated. There shall be no order as to costs. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the Court record. 5 HBKM,J W.P.No.15947 of 2020 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.09.2025 PGT