APHC010068722021 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: 4433/2021 Between: 1. P. VENKATESWARA RAO,, S/O ATHCAM NAIDU, HINDU, AGED ABOUT 68 YEARS, R/O CO-OPERATIVE COLONY, CHODAVARAM (V AND M) VISAKHAPATNAM DISTRICT. 2. SMT. GRANDHI LAKSHMI,, W/O GRANDHI GANESH, HINDU, AGED ABOUT 50 YEARS, R/O CO-OPERATIVE COLONY, CHODAVARAM (V AND M), VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY (REVENUE), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM. 4. THE TAHSILDAR, CHODAVARAM MANDALAM, VISAKHAPATNAM DISTRICT 5. THE CHODAVARAM GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHODAVARAM VILLAGE A MANDALAM, VISAKHAPATNAM 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 WRIT OF MANDAMUS or any other appropriate Writ, Order or Direction to DECLARE the action of 2 respondents in deciding to assign the Rastha Poramboke admeasuring an extent of Ac. 2-14 cents in S. No. 13 situated in Chodavaram village Et Mandalam, Visakhapatnam district situated on the eastern side of petitioners land. in S. No. 11/3, 5 a..6 being used for agricultural operations under the guise of NAVARATNALU-PEDALANDARIKI ILLU program as illegal, arbitrary, unconstitutional and contrary to BSO 15 (4) of AP Revenue Board Standing Orders and section 53 of AP Panchayat Raj Act, 1994-And consequently command the respondents not to assign the Rasta Pramboke admeasuring an extent of Ac. 2-14 cents in S. No. 13 situated in Chodavaram village a mandalam 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 pleased to DIRECT the respon assign the Rasta Pramboke admeasuring an extent of Ac. 2-14 cents in S. No. 13 situated in Chodavaram vllage a mandalam, Visakhapatnam district situated on the eastern side of petitioner's land in S.No. 11/3, 5and 6 being used for agricultural operationas under the guise of Navaratnalu pedalandariki illu program and to pass. IA NO: 2 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 granted on 23-02-2021 in WP. 4433/2021 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 EXTEND the Interim Order dated 23.02.2021 in IA 1/22 in WP 4433/2021 which is continued as such during COVID 19 in the interest of Justice and in the circumstances of the case and pass Counsel for the Petitioner(S): 1. P RAJASEKHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3 The Court made the following Orders: 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 deciding to assign the ‘Rastha Poramboke’ admeasuring an extent of Ac.2-14 cents in S.No.13 situated in Chodavaram Village & Mandal, Visakhapatnam District situated on the Eastern side of the land of the petitioners in S.No.11/3, 5 & 6 being used for agricultural operations under the guise of Navaratnalu-Pedalandariki Illu’ programme. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 4th respondent submits that out of total extent of Ac.2.14 cents in Sy.No.13 of Chodavaram Village an extent of Ac.1.50 cents of land is utilized for R & B road (Rastha). Out of balance vacant land of an extent of Ac.0.64 cents in Sy.No.13, an extent of Ac.0.49 cents has been separated and sub-division record has been prepared by Mandal Surveyor, Chodavaram and scrutinized by the Deputy Inspector of Survey, Anakapalli as Sy.No.13-1 (Ac.0.49 cents) carved out from Sy.No.13 for allotting the land for the purpose of house sites to the homeless beneficiaries of Chodavaram Village as the said land is communal poramboke. The petitioners are having sufficient/ proper approach to their own lands situated in Sy.No.11/3, 11/5 and 4 11/6 of Chodavaram village. Though they are not having any right or title over the government land covered by Sy.No.13, they filed this writ petition. As per the interim order of this court dated 23.02.2021, no further steps have been taken to assign house sites in the subject land. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 5 are directed to deal with the subject land in an extent of Ac.0.49 cents in Sy.No.13-1 of Chodavaram Village & Mandal, Visakhapatnam District strictly in accordance with law if so warranted for any public purpose. 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 25.09.2025 NNN