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2025 DAILYLAW 47064 (AP)

Y.Devasahayam (Died) as per L.Rs P2 to P4 v. State of Andhra Pradesh

WP/13756/2020 · 2025-09-24

B Krishna Mohan

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Judgment text

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APHC010209382020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 13756/2020 Between: 1. Y.DEVASAHAYAM, S/O.Y.DEVADANAM AGE75 YEAR OCC AGRICULTURIST, R/O CHEMUDUGUNTA VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, , REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COLLECTOR, SPSR NELLORE DISTRICT 3. TAHSILDHAR, , VENKATACHALAM MANDAL SPSR NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 2 HBKM,J W.P.No.13756 of 2020 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 allot the land to an extent of Ac.1-46 cents and Ac.0.49 cents in Survey Nos.381-2 and 381-3 situated at Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District under the Navaratnalu Pedalandiriki Illu Scheme to the 3rd parties without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 3rd respondent submits that the extent of Ac.10.50 cents in Sy.No.381 is classified as <Village site= as per the RSR of the village, which is purely meant for house sites only. The said survey number has been sub-divided into 381/1, 381/2 and 381/3. The concerned Grampanchayt in its resolution dated 12.09.2019 resolved that there is no objection for grant of house sites to the houseless poor. The land is abutting to the existing colony, suitable for habitation, having road access and other amenities, but there is no patta granted to the father of the petitioner and no pattadar passbook and title deed was given to the patta land as seen from the office records of the Tahsildar taluk, Nellore Urban Mandal and it was noted that the D-form patta said to have been assigned to the father of the writ petitioner has not entered in the village records, but there is an interim order of this Court dated 11.08.2020. 3 HBKM,J W.P.No.13756 of 2020 4. 3 HBKM,J W.P.No.13756 of 2020 4. In view of the above said facts and circumstances, the respondent Nos.2 and 3 are directed to deal with the subject land in an extent of Ac.1-46 cents and Ac.0.49 cents in Survey Nos.381-2 and 381-3 situated at Kakuturu Village, Venkatachalam Mandal, SPSR Nellore District, strictly in accordance with law, if so warranted for any public purpose and if the implead petitioners are otherwise found to be in possession of the same, they shall be dealt with strictly in accordance with law, by hearing all the parties concerned, including the impleaded petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. 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 25.09.2025 PGT