APHC010222762020 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: 14666/2020 Between: 1. MUDUGU DURGA, W/O RAJALA AGED ABOUT 46 YEARS, COOLIE, R/O D.NO.1-11, PEDDAPETA,SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 2. BATHINA SIMHADRI, W/O AUDINARAYANA AGED ABOUT 55 YEARS, COOLIE, R/O D.NO.1-110, CHINNAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 3. DADALA MAYA MAHA VENI LAKSHMI, W/O MUTYALA RAO AGED ABOUT 55 YEARS, COOLIE, R/O D.NO.5-23, PEDDAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 4. DADALA BHOOLAKSHMI, W/O SIVA PRASAD AGED ABOUT 34 YEARS, COOLIE, R/O PEDAPETA SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 5. PICHIKALA SATYANARAYANAMMA, W/O VEERARAJU AGED ABOUT 64 YEARS, COOLIE, R/O D.NO.1-19, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 6. BUDITHI PRASANTHI, W/O KONDANDA RAMUDU AGED ABOUT 31 YEARS, COOLIE, R/O D.NO.3-81, DEGALAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 7. VINTHA LAKSHMI, W/O SATYANARAYANA AGED ABOUT 39 YEARS, COOLIE, R/O D.NO.3-83, DEGALAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 2 BKM,J W.P.NO.14666 OF 2020 8. POTHURAJU BAGYALAKSHMI, W/O BHEEMA RAO AGED ABOUT 34 YEARS, COOLIE, R/O CHINNAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. 9. NUNNA RAMANSRI, W/O BUJJI BABU AGED ABOUT 32 YEARS, COOLIE, R/O PEDDAPETA, SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT, 10. MUDUGU VENKAYAMMA, W/O SURYA RAO AGED ABOUT 56 YEARS, COOLIE, R/O PEDDAPETA SELAPAKA VILLAGE, KAJULURU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. THE REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM DIVISION, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, KAJULURU MANDAL, KAJULURU, EAST GODAVARI 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in interfering and trying to dispossess the petitioners from the house site patta to an extent of Ac.0-01 1/2 cents each situated in Sy.No.211/4A and 212/1 of Selapaka Village, Kajuluru mandal, East Godavari district vide Ref.No.137/2006 on the ground of allotting the said properties to the weaker section people under Navaratnalu-Pedalandariki Andhrariki Illu scheme without considering the Explanation dt.2-3-2020 in pursuance of the notice dt.26-11-2019 is illegal, arbitrary, violative of Article 300-A of the Constitution of India and contrary to provisions of the A.P. Assigned Land (Prohibition of 3 BKM,J W.P.NO.14666 OF 2020 Transfer) Act, 1977 and consequently direct the 4th respondent herein not to interfere with the petitioners property 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 grant stay of dispossession of the petitioners to the house site property to an extent of Ac 0-01½ cents situated in Sy.No.211/4A and 212/1 of Selapaka Village, Kajuluru mandal, East Godavari district pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner(S): 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 BKM,J W.P.NO.14666 OF 2020 ORDER Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the 4th respondent in interfering and trying to dispossess the petitioners from the house site patta to an extent of Ac.0-01 ½ cents each situated in Sy.No.211/4A and 212/1 of Selapaka Village, Kajuluru Mandal, East Godavari District vide Ref.No.137/2006 on the ground of allotting the said properties to the weaker section people under <Navaratnalu-Pedalandariki Andhrariki Illu= scheme without considering the Explanation dt.2-3-2020 in pursuance of the notice dt.26-11-2019. 3. The learned counsel for the petitioners submits that the petitioners were given the impugned individual notices for an extent of Ac.0-01 ½ cents each situated in Sy.No.211/4A and 212/1 of Selapaka Village, Kajuluru Mandal, East Godavari District alleging that the petitioners violated the conditions of house-site pattas by not constructing the house and by not occupying the said plot as detailed in the individual notices of the 4th respondent dated 26.11.2019. He further submits that the petitioners submitted their explanation dated 02.03.2020, but thereafter, there is no progress in the matter. 4. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 4th respondent dated 22.09.2025 submits 5 BKM,J W.P.NO.14666 OF 2020 that the land in an extent of Ac.3-04 cents in R.S.No.211/4A & 212/1of Seelapaka village was acquired for providing house sites to weaker sections and SWLA scheme. 125 pattas were granted to eligible beneficiaries and they constructed the houses in the allotted sites and the remaining 84 plots were kept vacant without any construction by the allottees. The Government has resumed land consisting of those 84 plots to provide house sites to weaker sections under NPI Scheme during the year 2020. At this juncture, the petitioners have filed this writ petition. 5. The copy of the instructions of the 4th respondent shall be made as part of the Court record. 6. In view of the above said facts and circumstances, the 4th respondent is directed to proceed with the said impugned notice dated 26.11.2019 and to consider the explanation submitted by the petitioners dated 02.03.2020 in accordance with law. Anyhow, due to efflux of time, as the said explanation became old, the petitioners are permitted to submit their explanations individually afresh enclosing all the necessary documents in support of their claim to the above said notices of the 4th respondent dated 26.11.2019 within a period of four (04) weeks from the date of receipt of this order. On receipt of the said explanation individually from the petitioners, the impugned notices dated 26.11.2019 shall be dealt with by the 4th respondent separately by holding the necessary enquiry into the matter, after giving due opportunity to all the parties concerned including the petitioners and upon verification of all the said records appropriate decision on its own merits shall be taken as 6 BKM,J W.P.NO.14666 OF 2020 expeditiously as possible preferably within a period of three (03) months thereafter. 7. 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 LSP 7 BKM,J W.P.NO.14666 OF 2020 230 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14666/2020 25.09.2025 LSP