APHC010060412021 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: 3698/2021 Between: 1. NANDIGAM BHASKARA RAO,, S/O. LATE VENKATESWARA RAO, AGED 45 YEARS, OCC- CULTIVATION, R/O. GOPAVARAM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE JOINT COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT. 4. THE SUBCOLLECTOR, NUZVID, KRISHNA DISTRICT. 5. THE TAHSILDAR, MUSUNURU MANDAL, KRISHNA DISTRICT. 6. REVENUE INSPECTOR, MUSTMURU MANDAL, KRISHNA DISTRICT. 7. VILLAGE REVENUE OFFICER, MUSUNURU MANDAL, KRISHNA DISTRICT 2 ...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 declaring the action of the respondents particularly the respondents 5 to 7 in insisting the petitioner to vacate from his agricultural land of Ac. 1.21 Cents, covered by Survey No. 30317C, situated in Gopavaram Village of Musunuru Mandal in Krishna District, for the purpose of granting house sites in favour of third parties under programme called Navaratnalu Pedalandariki Illu Scheme sponsored by the 1St respondent, without following any known procedure established by law, as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment over his said land 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 direct the respondents not to interfere in any manner with the petitioner's peaceful possession and enjoyment over his agricultural land admeasuring Ac. 1.21 Cents, covered by Survey No. 303/7C, situated in Gopavaram Village of Musunuru Mandal in Krishna District nor grant the same as house sites to any 3rd parties, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI 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 particularly the respondent Nos.5 to 7 in insisting to vacate from the agricultural land of Ac.1.21 cents covered by Sy.No.303/7C, situated in Gopavaram village of Musunuru Mandal in Krishna District for the purpose of granting house sites in favour of third parties under programme called “Navaratnalu Pedalandariki Illu’ scheme sponsored by the 1st respondent without following any known procedure established by law. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities will follow the due procedure with respect to the subject land. There is an interim order of this court dated 16.02.2021. 4. In view of the above said facts and circumstances, the respondent Nos. 2 to 7 are directed to deal with the subject land in an extent of Ac.1.21 cents covered by Sy.No.303/7C, situated in Gopavaram village of Musunuru Mandal in Krishna District strictly in accordance with law if so warranted for any public purpose and if not already used by now for the above said welfare scheme for the poor. If the petitioner is otherwise found to be in possession of the same, he 4 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 25.09.2025 NNN