-1). IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI a+*iti-tit - MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT APPEAL NO: 904 OF 2024 Writ Appeal under clause 15 of the Letters Patent preferred against the order dt.13.12.2022 in WP No.36275/2015 on the file of the High Court. Between: 1. The State of Andhra Prade^sh, Represented by its Principal Secretary, Revenue Department, Set;'retariat, Velagapudi, Guntur District. 2. The District Collector, Krishna at MachI-liPatnam. 3. The Revenue Divisional Officer, Vuyyuru, Krishna District (erstwhile RDO, Vijayawada) 4. The Tahsildar, Penamaluru MandaI, Krishna DI'StriCt. ...APPELLANTS AND 1. Smt. Surapaneni Kowsalya, `W/o. Late Radhakrishnamurthy, Aged 82 years, occ: household, R/o.I D.No. 41-12-4, 2nd FIoor, Gundu Kotaiah Street, Opp. Fire Station, Krjshna Lanka, Vijayawada, Krishna District. '2. Smt Vavilala Sarojini, W/o. _late V Venkata Narasimha Somayajlu Aged 78 years, Occ: household,`lR/a. D. no. 41124 2nd floor Gundu kotaiah street, Opp. Fire Station,.,Krishna lanka Vijayawada, Krishna District. 3. The Collector and Dist`rict'';Magistrate, NTR District, Vijayawada. (Respondent No.3 was inipleaded as per c.o.dt|18.03.2025 vide I.A.No.1 of 2025 in W[A.No.904 of 2024) ...RESPONDENTS IANO: 3OF2024 Petition under Section .1.5,1 CPC praying that in the circumstances J :I. stated '[n the affidavit filed in support of the petition, th.e High Court may be . -|.~ |I '+I+yJ+'+I •i pleased to s'rispend the operation of the order passed in wp. No. 36275 of i 2015 dated 13-12-202,2`..rfu¢_e~ ,- . `..I + . Counsel for the AppeIIants .- GP -FOR ASSIGNMENT Counsel for the Respondent Mos.1 & 2 : SRI KOWTURU VINAYA KUMAR Counsel for the Respondent No.3 : SRI K. PAVAN KUMAR The Court made the following: JUDGMENT I/ -- \ -,.t\-+ APHCO10492552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -~--. -a`"ir!m¢e®f_=.? MONDAY ,THE FIFTH DAY OF MAY TWO TH-OUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 904/2024 Betweeroh : The State OfAndhra Pradesh and-Others AND Surapaneni Kowsalya and others Counsel for the AppeIIant(S): 1.GP FORASSIGNwiENT Counsel for the Respondent(s): 1. KOWTURU VINAYA KUMAR [3525] ..APPELLANT(S) ...RESPONDENT(S) The Court made the following Judgment: (per Hon'ble Sri Justl'ce R. Raghunandan Rao) The respondents 1 land 2 sought allotment of house sites in terms of G.O.Ms.No.105, dated ll.03.1997, on the ground that they are spouses of the freedom fighters who have expired. As they were not being allotted any house sites, they have approached this court, by way of w.p.No.14086 and 14093 of 2009, which came to. be disposed of by an order, dated 27.07.2011, dir-ecting the authorities to consider the application of the petitioners whenever land ®a`dmeasuring Ac.2.16 cents in R.S.No.59 of Yenamalakuduru Village is acquired. --_ J;I.*rirli. ----. T. ~,.1t..}* 2. Respondents 1 and 2 again approached the erStWhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra pradesh, by way of w.p.No.36275 of 2015, essentially for implementation of the said order. At that stage, the learned Government Pleader had submitted that there was no land available in the said survey numbers in the jurisdiction ~, ---of penamaluru Mandal. 3. Regarding thesame, a learned SingleJudge oftheerstwhile High court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh had disposed Of the Writ Petition w-lth a direction to the respondents to grant .house site pattas to the petitioners as Per G.O.Ms.No.105, dated ll.03.1997, in any vacant government land available jurisdiction of penamaluru after conducting a survey. Aggrieved by the same, the respondent author'lties have filed the present Writ Appeal. 4. The learned Government Pleader would submit that the 2nd respondent has passed away and the appeal would have to be allowed tO that extent inasmuch as the legal heirs of spouses of freedom fighters WOuld not be directly entitled for allotment of house sites. ln the circumstances, the writ Appeal is allowed against the 2nd respondent. Figrg:f 6- The finding of the learned Single Judge that I-he lst respondent would be entitled to a house site, in terms of G.O.Ms.No.105, dated I -| a ?'±ae5 ll.05.1997, does not require any interference inaSmuCh aS the entitlement Of the let respondent cannot be disputed in View Of the language Of G.O.Ms.No.105. 7. However, the learned Government P'eader would submit that the respondents are unable to allot land to the let respondent as the land is not available -ifi--`Pen-amaiuru Mandal and that the lst respondent is PreSen_tly . residing in NTR District and not in Krishna District. 8. This Court, in view of the submission Which has been made eari'ler had impleaded the Collector, NTR Distr-rot as respondent No.3 in the i. , present writ Appeal. A 9. In view`ofthe aforesaid SubmiSSiOnS, this WritAppeal is disposed of by holding that in view of the`demise of 2nd respondent, nO Plot needs tO be allotted to 2nd respondent. However, the lst respondent shall be allotted a Plot, in NTR District, before any other Plot iS allotted tO any Other beneficiary under \` any of the scheme. There shall be nO Order aS tO COStS. | To, As a sequel, miscellaneous PetitiOn`S_, 'lf any, Sh_all St_and Closed. //TRU-E COPY Sd/-M SURYANADH REDDY , D EsP#G6:FT¥ 1. The Collector and District Magistrate, NTR District, Vijayawada. 2. Two CCs to GP for Assignment, High Court ofAndhra Pradesh at Amaravati [OUT] 3. One CC to Sri Kowturu Vinaya Kumar, Advocate IOPUC] 4. One CC to Sri K. Pavan Kumar, Advocate (OPUC) 5. Three C.D. Copies. Cnr • .~s`s-`+` / HIGH COURT DATED:05/05/2025 JUDGMENT WA.No.904 of 2024 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS