APHC010163552020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 10217/2020 Between: 1. POTHURI SURESH KUMAR,, S/O BHOGESWARARAO, AGED ABOUT 46 YEARS, CULTIVATION, R/O.D.NO.23-12-2, ABBURIVARI STREET, SATYANARAYANAPURAM, VIJAYAWADA, KRISHNA DISTRICT. 2. POTHURI KRISHNA MOHAN KISHORE,, S/O.BHOGESWARARAO, REDDY, AGED 51 YEARS, CULTIVATION, R/O.D.NO. 1-3, NAIDU STREET, SALU, SALURU, VIZIANAGARAM DISTRICT. 3. MALLESETTI VENKATA SITA RAMAYYA,, S/O CHAKARAVATHI, AGED 42 YEARS, CULTIVATION, R/O.RAVIKAMPADU VILLAGE, KAMAVARAPUKOTA MANDAL, WEST GODAVARI DISTRICT. 4. MALLISETTI RAMBABU,, S/O CHAKRAVTHI, AGED ABOUT 41 YEARS, CULTIVATION, R/O. RAVIKAMPADU VILLAGE, KAMAVARAPUKOTA MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI, ELURU. 3. THE REVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI DIST. 2 HBKM,J W.P.No.10217 of 2020 4. THE TAHSILDAR, KAMAVARAPUKOTA MANDAL, WEST GODAVARI DISTRICT. 5. THE RAVIKAMPADU GRAM PANCHAYAT, REP BY PANCHAYAT SECRETARY, RAVIKAMPADU VILLAGE, KAMAVARAPUKOTA MANDAL, WEST 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, especially one in the nature of Writ of Mandamus, declaring the action of the respondents in intending to allot the Kalibata/puntha of an extent of Acre 2.37 cts, Ac 0.26, Ac 0.22 and Ac 2.98 in S.No. 51-1,11, 124, 129, etc of Ravikampadu Village, Kamavarapukota Mandal, West Godavari District as house sites under Navaratnalu-pedalandariku Illu scheme, is illegal, arbitrary, contrary to the provisions of A.P. Board Standing Orders, Articles, 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to allot Kalibatalpuntha of an extent of Acre 2.37 cts, Ac 0.26, Ac 0.22 and Ac 2.98 in S.No. 51-1,11, 124, 129, etc of Ravikampadu Village, Kamavarapukota Mandal, West Godavari District as house sites as stated supra and 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 direct the respondents not to allot the Kalibata/puntha of an extent of extent of Acre 2.37 cts, Ac 0.26, Ac 0.22 and Ac 2.98 in S.No. 51-1,11, 124, 129, etc of Ravikampadu Village, Kamavarapukota Mandal, West Godavari District, as house sites or any other purposes, pending disposal of the above Writ Petition and pass 3 HBKM,J W.P.No.10217 of 2020 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 vacate the interim order Dt.23-06-2020 passed in W.P.No.10217 of 2020 and to dismiss the writ petition and pass IA NO: 1 OF 2023 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 leave to the petitioner herein / respondent No. 5 in WP No.10217 of 2020 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4 HBKM,J W.P.No.10217 of 2020 The Court made the following Order: Delete the name of Sri N.Srihari, learned Standing Counsel and Print the name of the learned Standing Counsel for the 5th respondent. 2. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned Standing Counsel for the respondent No.5. 3. This writ petition is filed questioning the action of the respondents in intending to allot the Kalibata/puntha of an extent of Ac.2.37 cents, Ac.0.26 cents, Ac.0.22 cents and Ac.2.98 cents in S.No.51-1, 11, 124, 129 etc., of Ravikampadu village, Kamavarapukota Mandal, West Godavari District as house sites under <Navaratnalu Pedalu Andariki Illu= Scheme. 4. Respondent Nos.4 and 5 filed separate counters. 5. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4th respondent submits that the suitable government lands were identified for distribution of house site pattas for the beneficiaries of Ravikampadu village and the details of the lands are as follows: Sl.No. R.S.No. Classification Poramboke Extent Ac. Cents No. of beneficiaries proposed 1. 13 Grama Khantam 1.26 50 2. 51 Kalidari 0.90 30 3. 455 Gayalu 1.03 40 Total 3.19 120 5 HBKM,J W.P.No.10217 of 2020 An extent of 3.27 cents in R.S.No.51 is situated in Ravikampadu village of Kamavarapukota Mandal which is classified in the revenue records (RSR) as <Kalidari Poramboke= which was under the control of Grama Panchayat, out of which, major extent of Ac.3.27 cents is kept vacant and the surrounding farmers and the petitioners are trying to cultivate the above said land for paddy and grass for their cattle etc., by way of encroachment. Out of the said extent, only Ac.0.90 cents were proposed to be utilized for the poor beneficiaries of 30 persons and the Gram Panchayati, Ravikampadu village has also passed the resolution to convert the above said land into house sites. The District Collector issued necessary denotification proceedings dated 01.02.2020 by sub-dividing the R.S.No.51 in an extent of Ac.3.27 cents, out of that land an extent of Ac.2.37 cents is newly subdivided as R.S.No.51-1 retained as 8Kalidari poramboke9 and the remaining extent of Ac.0.90 cents is to be converted for house sites duly subdividing the survey No.51 as R.S.No.51-2 under the provisions of BSO 15 para 3(ii) under section 1 (classification of the land) Ravikampadu village of Kamavarapukota Mandal duly following the procedure in accordance with law. As stated supra, the major extent of the land is retained as Kalidari Poramboke to have approach roads for the field of petitioner Nos.3 and 4, even to use the transport vehicles for the agricultural purpose and as path way. Ac.0.20 cents is being used as passage for water channel is also 6 HBKM,J W.P.No.10217 of 2020 retained as Kalidari Poramboke and during the process of conversion, Ac.0.90 cents was allotted for house sites as stated above for 30 beneficiaries. Since the separate extent of Ac.0.90 cents in R.S.No.51 of the said village is not yet used, for the above said welfare scheme of housing, the respondent Nos.2 to 5 are directed to deal with the subject land strictly in accordance with law, if so warranted for any public purpose. 6. 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 Dt: 23.09.2025 sj 7 HBKM,J W.P.No.10217 of 2020 577 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO. 10217 of 2020 Dt: 23.09.2025 sj