APHC010365542020 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: 24324/2020 Between: 1. EDI BABU RAO,, S/O. (LATE) SATYANANDAM, MALE, AGE-37 YEARS, D.NO.1-91, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL. WEST GODAVARI DISTRICT. 2. EDI RAVI BABU,, S/O. (LATE) YESUDASU, MALE, AGE-35 YEARS, D.NO.1-75, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL, W.G.DISTRICT. 3. CHABATTULA YESU RAJU,, S/O.(LATE) SUNDARA RAO, MALE, AGE-49 YEARS, D.NO.1-111, BETHAPUDI VILLAGE BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 4. SMT.TOKALA LAKSHMIKANTAMMA,, W/O.(LATE)SURYAPRAKASA RAO, FEMALE, AGE-60 YEARSS, D.NO.1-41, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL. 5. CH.CHITTI MOSHE, , S/O.(LATE) SUNDARA RAO, MALE, AGE-59 YEARS, D.NO.1-89, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL. 6. R.YESUPADAM,, S/O.(LATE) RAJA RAO, MALE, AGE-64 YEARS, D.NO.1-74, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL. 7. TOKALA YAKOBU, , S/O.(LATE) SURYAPRAKASA RAO, MALE, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT-534 207. ...PETITIONER(S) AND 2 BKM,J W.P.NO.24324 OF 2020 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRATARY TO REVENUE DEPT, SECRATERIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER, NARSAPURAM REVENUE DIVISION, NARSAPURAM, W.G.DISTRICT. 4. THE TAHASILDAR, BHIMAVARAM MANDAL, BHIMAVARAM, W. G.DISTRICT. 5. THE VILLAGE REVENUE OFFICER, BETHAPUDI VILLAGE, BHIMAVARAM MANDAL. 6. THE BETHAPUDI GRAM PANCHAYAT, BETHAAPUDI VILLAGE, BHIMAVARAM MANDAL, REP BY ITS SECRATERY. 7. THE STATION HOUSE OFFICER, BHIMAVARM RURAL P.S, BHIMAVARAAM, W.G.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 order or orders, direction or directions, writ or writ of Mandamus and to declare the action of the respondents particularly Respondents 3 to 6 with help of Respondent No.7 trying Vacating the Petitioners from their House Sitess each an extent of AC. 0-04 cents subsisting and again issue House site pattas under Navaratnalu Scheme is illegal, arbitrary and Violative of Article 14, 21 and 300 A of the constitutuion of India, againest the principles of natural justice and direct to the Respondents not to interfere with the peaceful possesion and enjoyment of the petitioners Residential Houses and House Sites each an extent of AC. 0-04 cents Situated Bethapudi Malapeta in R.S No. 334/1, 334/2 of Bethapudi Village, Bhimavaram Mandal, W.G.District., while House site Pattas in and consequently direct the respondents not to issue House site pattas in Petitioner's Houses and House Sites each an extent of AC. 0-04 cents Situated Bethapudi Malapeta in R.S No. 334/1, 334/2 Situated Bethapudi Malapeta of Bethapudi Village, Bhimavaram Mandal, W.G.District., and to pass 3 BKM,J W.P.NO.24324 OF 2020 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 direct the respondents not to interfere with peaceful possesion and enjoyment of the petitioners Houses and not to evict the petitioners from their Houses and House Sites in R.S No. 334/1, 334/2 Situated Bethapudi Malapeta of Bethapudi Village, Bhimavaram Mandal, W.G.District.,pending disposal of the above writ petition and to 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 be pleased to vacate the interim orders granted on 21-12-2020 in WP.No.24324/2020 and dismiss the writ petition and pass such other Counsel for the Petitioner(S): 1. K SATYANARAYANA MURTHY Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR HOME 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 BKM,J W.P.NO.24324 OF 2020 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 particularly Respondent Nos.3 to 6 with the help of Respondent No.7 trying to vacate the petitioners from their House Sites each to an extent of AC.0-04 cents subsisting and again issue House site pattas under Navaratnalu Scheme. 3. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4th respondent, submits that the respondents are not disturbing the petitioners’ houses except the encroached site to an extent of Ac.0-05 ½ cents in R.S.No.334/1 of Bethapudi Village. The 3rd petitioner has encroached to an extent of Ac.0-01 ½ cents by raising an asbestos sheets shed for buffaloes, and another person, Sri Thute Yesubabu, has encroached an extent of Ac.0-04 cents by raising an asbestos sheet shed and using the same for residential houses, toilets and a Thatched buffalo shed, and they have refused to take notice under Section 7 of the Land Encroachment Act, 1905. The said notices were published at the scheduled site i.e., in R.S.No.334/1 and also published at the notice Board of Gram Panchayat, Bethapudi village on 12.11.2020. Both have encroached upon the Government vacant land in R.S.No.334/1 of Bethapudi village. This encroached portion of the land was proposed for the grant of house-sites in the above said welfare scheme of housing. The Government has proposed to grant house-sites to the eligible poor beneficiaries in R.S.No.334/1, to an extent of Ac.2-10 cents. The respondents have not proposed to vacate the existing houses of the petitioners, but proposed to remove the encroachments made by the petitioners on the Government Vacant Grama Khantam land in 5 BKM,J W.P.NO.24324 OF 2020 R.S.No.334/1 in an extent of Ac.2-10 cents, which was proposed for grant of house site pattas in the above said welfare scheme of housing. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 6 are directed to deal with the subject land in R.S.No.334/1 to an extent of Ac.2-10 cents of Bethapudi village, Bhimavaram Mandal, West Godavari District, strictly in accordance with law, if so warranted, for any public purpose. Any encroachments, if any, shall be removed strictly in accordance with law, giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject houses, an appropriate decision shall be taken on its own merits as expeditiously as possible. Any dispossession from the subject houses shall not be made except by following the due procedure. 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 24.09.2025 LSP 6 BKM,J W.P.NO.24324 OF 2020 243 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24324/2020 24.09.2025 LSP