APHC010361942020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24094/2020 Between: 1. VADISALA ESWARA RAO, S/O VADISALA DEMUDU, AGED ABOUT 50 YEARS, RESIDENT OF H.NO.1-125, JERRIPOTHULAPALEM VILLAGE, CHINTAGATLA, PENDURTHI MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 2. VADISALA DEMUDU,, S/O APPA RAO, AGED 32 YEARS, H.NO.1- 72, RESIDENT OF JENIPOTHULAPALEM VILLAGE, CHINTAGATLA, PENDURTHI MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 3. KANDIPALLI LAKSHMANARAO,, S/O KANDIPALLI BANGARAYYA, AGED 55 YEARS, RESIDENT OF H.NO.4-71, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 4. GANDI SATYANARAYANA,, S/O SIMHACHALAM, AGED 59 YEARS, RESIDENT OF AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 5. VADISALA PEDA RAMU,, S/O VADISALA DEMUDU, AGED 72 YEARS, RESIDENT OF AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 6. VADISALA CHINA RAMU,, S/O PEDA DEMUDU, AGED 56 YEARS, RESIDENT OF H.NO.1-384, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 2 BKM,J W.P.NO.24094 OF 2020 7. GANDI SATYAVATHI, W/O CHINNA SANNIBABU, AGED 62 YEARS, RESIDENT OF AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 8. GANDI SANNIBABU,, S/O GANDI SETAYYA, AGED 62 YEARS, RESIDENT OF H.NO.L-84, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 9. CHEEPURUBILLI LAXMI,, W/O CHEEPURBILLI DEMUDU, AGED 48 YEARS, RESIDENT OF H.NO. 1-90, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 10. DUPPADA PEDA APPA RAO, S/O VENKATA SWAMY, AGED 70 YEARS, RESIDENT OF AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 11. VADISALA APPARAO,, S/O VADISALA DEMUDU, AGED 55 YEARS, RESIDENT OF H.NO. 1-59/1, SCHOOL ROAD, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 12. BANDARU SIMHACHALAM,, S/O BANDARU RAMULU, AGED 62 YEARS, RESIDENT OF H.NO. 1-184/A, OPP BSNL TOWER, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 13. .VANAM APPALA NAIDU, S/O VANAM GANGUNAIDU, AGED 40 YEARS, RESIDENT OF H.NO. 1-388, NEAR RAMALAYAM, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 14. VADISALA SIMHACHALAM,, S/O VADISALA DEVARAO, AGED 50 YEARS, RESIDENT OF H.NO.4-57, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 15. VADISALA PARADESIRAO,, S/O VADISALA DEVARAO, AGED 52 YEARS, RESIDENT OF D.NO.4-56, B C COLONY, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 3 BKM,J W.P.NO.24094 OF 2020 16. CHEPURUBILLI DEMUDU,, SIC) CHEEPURUBILLI PAIDI TALLI, AGED 45 YEARS, RESIDENT OF D.NO.1-193, WARD NO.03, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH-531035. 17. GANDI SRIRAM MURTHY,, S/O RAMNAIDU, AGED 45 YEARS, RESIDENT OF D.NO.2-61, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 18. GANDI SATYANARAYANA,, S/O RAMNAIDU, AGED 42 YEARS, RESIDENT OF H.NO.1-281, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM. 4. 17. GANDI SRIRAM MURTHY,, S/O RAMNAIDU, AGED 45 YEARS, RESIDENT OF D.NO.2-61, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. 18. GANDI SATYANARAYANA,, S/O RAMNAIDU, AGED 42 YEARS, RESIDENT OF H.NO.1-281, AMURTHAPURAM VILLAGE, SABBAVARAM MANDAL, VISAKHAPATNAM, ANDHRA PRADESH- 531035. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, VISAKHAPATNAM. 4. THE TAHSILDAR, SABBAVARAM MANDAL, VISAKHAPATNAM ...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 toto issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the 4th respondent in issuing endorsement vide R.No.92/2020/c dated 10.07.2020 holding that the house- site pastas issued to the petitioners admeasuring 0.03 cents each in Survey No.303 of Amrutapuram Village, Sabbavaram Mandal, Visakhapatnam District are not valid and further directing the revenue officials to distribute the lands of the petitioners to the eligible persons under the 1st respondent's Navaratnalu - Pedalandariki Indlu scheme and consequent action of the Village Revenue Officer in interfering with the possession and enjoyment of the petitioners in their house-site patta lands as wholly illegal, arbitrary, unjust, untenable, 4 BKM,J W.P.NO.24094 OF 2020 without jurisdiction, contrary to principles of natural justice, A.P. ( Prohibition of Transfer) Act IX of 1977, Board Standing Order No.15 of the Andhra Pradesh Board Standing Orders besides being violative of Article 14, 21 and 300-A of Constitution of India and consequently set-aside the endorsement of the 4th respondent dated 10.07.2020 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 interfere with the possession and enjoyment of the petitioners in their in their house-site patta lands admeasuring 0.03 cents each in Survey No.303 of Amrutapuram Village, Sabbavaram Mandal, Visakhapatnam Districtby suspending the endorsement vide R.No.92/2020/c dated 10.07.2020 issued by the 4th respondent 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 vacate the interim order granted on 18.12.2020 in W.P.No.24094 of 2020 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 5 BKM,J W.P.NO.24094 OF 2020 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 4th respondent in issuing the endorsement vide R.No.92/2020/c dated 10.07.2020 holding that the house-site pattas issued to the petitioners admeasuring Ac.0-03 cents each in Survey No.303 of Amrutapuram Village, Sabbavaram Mandal, Visakhapatnam District, are not valid and further directing the revenue officials to distribute the lands of the petitioners to the eligible persons under the 1st respondent <Navaratnalu-Pedalandariki Illu= scheme and consequent action of the Village Revenue Officer in interfering with the possession and enjoyment of the petitioners in their house-site patta lands. 3. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4th respondent submits that the subject land is a Poramboke konda and the lay out was also formed for distribution of house- sites. In the meanwhile, there was an interim order dated 18.12.2020 suspending the impugned proceedings of the 4th respondent dated 10.07.2020. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land covered under the impugned notice of the 4th respondent dated 10.07.2020, strictly in 6 BKM,J W.P.NO.24094 OF 2020 accordance with law, if so warranted, for any public purpose. If the petitioners are otherwise found to be in possession of the same, they shall be dealt with strictly in accordance with law, giving due opportunity of hearing to all the parties concerned including the petitioners, upon verification of the records and the subject houses, appropriate decision shall be taken on its own merits as expeditiously as possible. Any dispossession from the subject houses shall not be made except by following the due procedure. 5. 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 24.09.2025 LSP 7 BKM,J W.P.NO.24094 OF 2020 241 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24094/2020 24.09.2025 LSP