APHC010175352020 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: 11136/2020 Between: 1. VANKINA RADHA KRISHNA, S/O.LATE SUDARSANA RAMA RAO AGED 79 YEARS, OCC CULTIVATION R/O.BADAMPUDI, UNGUTURU MANDAL WEST GODAVARI DISTRICT, AP 2. JALAPARTHI VENKATA PRASANTHI, W/O.J.VEERA RAGHAVULU AGED 39 YEARS, OCC. CULTIVATION R/O.AMBARUPET, BHIMADOLE MANDAL WEST GODAVARI DISTRICT, AP 3. MALLENA RAMA DEVI, W/O.M. SATYANARAYANA AGED 40 YEARS, OCC. CULTIVATION R/O.AMBARUPET, BHIMADOLE MANDAL WEST GODAVARI DISTRICT, AP 4. JALAPARTHI LAKSHMI NAVYA, W/O.J.SUBBA RAO AGED 36 YEARS, OCC. CULTIVATION R/O.AMBARUPET, BHIMADOLE MANDAL WEST GODAVARI DISTRICT, AP ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AP 3. THE REVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI DISTRICT, AP 4. THE TAHASILDAR, BHIMADOLE, W.G.DISTRICT, AP ...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 a writ of mandamus declaring the action of the respondents in taking steps to dispossess us from the land admeasuring an extent of Ac.16.00 cents in R.S.No.460 and 463 of Ambarupeta Village, Bhimadole Mandal, West Godavari District, Andhra Pradesh and allot the same for house sites under Navaratnalu- 2 Pedaluandariki Illu Scheme without any manner of right or authority and without due process of law as highly illegal, arbitrary, violative of Principles of natural justice and Art.19 and 300A of the Constitution of India and consequently direct the respondents not to interfere with our possession and enjoyment and not to allot the said land for house sites 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 to direct the respondents not to assign the land to an extent of Ac.16.00 cents in R.S.No.460 and 463 of Ambarupeta Village, Bhimadole Mandal, West Godavari District, Andhra Pradesh for house sites pending disposal of the above writ petition and pass IA NO: 2 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 2 to 4 not to dispossess us from the land to an extent of Ac.16.00 cents in R.S.No.460 and 463 of Ambarupeta Village, Bhimadole Mandal, West Godavari District, Andhra Pradesh pending disposal of the above writ petition 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 To vacate the interim order Dt.10.07.2020 passed in W.P.No.11136 of 2020 and pass such Counsel for the Petitioner(S): 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following 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 in taking steps to dispossess the petitioners from the land admeasuring an extent of Ac.16.00 cents in R.S.No.460 and 463 of Ambarupeta Village, Bhimadole Mandal, West Godavari District and allot the same for house sites under Navaratnalu-Pedalandariki Illu scheme without any manner of right or authority and without due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that the land in an extent of 13.18 cents in R.S.No.460 and the land in an extent of Ac.10.40 in R.S.No.463 of Amberpeta Village, Bhimadole Mandal were classified in the village accounts as Gayallu. The Amberpeta village is a Zamindari Village. Though the 1st petitioner’s father and mother said to have purchased under two different sale deeds dated 10.01.1952 and 20.03.1957 in an extent of Ac.16.00 cents, but they have not produced said documentary evidence before the 4th respondent. As per the FLR of Amberpeta Village, the R.S.No.463 covering 10.40 cents was noted as Gayallu. 4 4. The petitioners never cultivated the said land and it is a vacant land. At present the said land is covered by quarry pits at about 3 to 8 feets. It is vacant from last 20 years. The petitioners approached the Settlement Officer’s Court, West Godavari District, Eluru with C.No.E- 510694/2017/F1. The petitioners are not in possession of the land in R.S.No.460 and R.S.No.463 of Amberpeta Village, Bhimadole Mandal. The land in R.S.No.460 is not fit for cultivation. The petitioners sold away the said land to other persons. Hence it is covered by quarry pits with depth about 3 to 8 feets. 5. The R.S.No.463 covered to an extent of 10.40 cents is recorded in the revenue records as Gayallu. In the year 1993 the D-Form pattas were issued in favour of 1) Sri Sayyapuraju Ramaraju for an extent of Ac.3.43 cents, 2) Sri Chundru Narayana for an extent of Ac.2.72 cents and 3) Sri Garapati Seshagiri Rao for an extent of 2.72 cents in total an extent of Ac.8.87 cents and the remaining extent of Ac.1.53 cents is covered by road. But changes were not incorporated in the revenue records, because the petitioners approached the Hon’ble High Court and Settlement Court. In this regard R.S.No.463 is still noted as Gayallu. 6. When the government required the government land for the purpose of implementation of housing scheme for the poor, the revenue officials searched for the government land in the said village and the 5 Tahsildar found out the subject land and made change of classification for house site proposals in an extent of Ac.4.00 cents out of Ac.13.18 cents in R.S.No.460 and accordingly the proposals were submitted to the Collector, West Godavari and the said classification proposals were approved by the Collector, West Godavari vide proceedings R.Dis.No. E2/e-1777302/2020, dated 18.01.2020 and the Tahsildar was given necessary directions to make necessary changes in the concerned records. Accordingly, the Tahsildar, Bhimadole submitted a report to the Collector after making changes by incorporating in the concerned records. The V.R.O., Amberpeta handed over the said land to MGNREGS team, Bhimadole for leveling and formation of roads. The MGNREGS team, Bhimadole leveled an extent of Ac.4.00 cents out of Ac.13.18 cents only. The remaining extent of Ac.9.18 cents is covered by quarry pits still now. 7. There was an interim direction in this writ petition dated 10.07.2020 as under: <Notice before admission. Interim direction not to dispossess the petitioners from the subject land without following due process of law, till disposal of the appeal pending before the Joint Collector, West Godavari, Eluru which was filed by the first petitioner.= 8. The petitioner states that he filed a petition before the Settlement Officer and Joint Collector, West Godavari, Eluru in the year 1999 vide 6 S.R.No.15(1)/1999. Later the Settlement Officer and Joint Collector, West Godavari passed the order in S.R.No.15(1)/1999, dated 29.12.2020 as under: <The petition filed by Sri Vankina Radha Krishna S/o Sudharshanaramarao, claiming the patta for the land in R.S.No.460 and 463 of Amberpeta Village of Bhimadole Mandal is hereby dismissed as no merits. An appeal against this order lies to the Director of Settlements, A.P., Vijayawada within two months from the date of this order.= 9. Thus, the respondents herein provided proposals for house site pattas in an extent of Ac.4.00 cents out of Ac.13.18 cents in R.S.No.460 Gayalu land of Amberpeta Village. 10. In view of the above said facts and circumstances, as the decision of the respondent Nos.2 to 4 was only at the stage of proposals for house site pattas in the subject land in an extent of Ac.0.40 cents out of Ac.13.18 cents in R.S.No.460 of Gayalu of Amberpeta village and in respect of the other extent of the land in R.S.No.463 of the Amberpeta Village, the respondent Nos.2 to 4 are directed to deal with the same strictly in accordance with law if so warranted for any public purpose now. No relief can be granted for the petitioners as they could not establish any possession over the subject land and however liberty is given for the petitioners to pursue before the revenue authorities for their claim pursuant to the orders passed by the 7 Settlement Officer-cum-Joint Collector, West Godavari in S.R. No.15(1)/1999, dated 29.12.2020 if any and if so advised. 11. 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 23.09.2025 NNN