APHC010098922020 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: 6078/2020 Between: 1. VALAVALA VENKATA SRIDHAR, S/O.SRIRAM, AGE.34YEARS, OCC.PVT.EMPLOYMENT, RIO. H.NO.81-11-11, SRI VENKATESWARA NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, REP. BY HIS GPA HOLDER VALAVALA SRIRAM, S/O.VENKANNA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE (ASSIGNMENT )DEPARTMENT, SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT KAKINADA. 3. THE REVENUE DIVISIONAL OFFICER, , KOVVUR, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, DEVARAPALLI MANDAL, WEST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. K VENKATESH 2 HBKM,J W.P.No.6078 of 2020 Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 HBKM,J W.P.No.6078 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the notice issued by the 4th respondent in seeking to assign the cart track situated in Sy.No.43 of Bandapuram Village, Devarapalli Mandal, West Godavari District for the house site under the Navaratnalu Programe. 3. The learned counsel for the petitioner submits that for the impugned notice of the 4th respondent dated 11.01.2020, the petitioner also submitted explanation dated 27.01.2020. 4. On the other hand, the learned Assistant Government Pleader relying upon the counter affidavit of the 4th respondent submits that the respondent Nos.2 to 4 found alternative land by way of acquiring the private lands for the above said purpose of welfare scheme as detailed below, under consent. S.No. Name of the Land Owner Sy.No. Extent 1 Sri Balam Manikanta 273-19A & 273-19C 0.50 2 Sri Balam Surya Rao 273-15B 0.80 3 Sri Balam Ramarao 273-2A 0.44 4 Smt. Balam Dhana Lakshmi 259-4B & 259-3 1.19 5 Smt. Chapala Lakshmi 31 1.50 6 Sri Balam Venkata Subbarao 259-1B 1.40 Total (Ac.) 5.83 4 HBKM,J W.P.No.6078 of 2020 5. In view of the consent from the above said land owners, the above said land has been acquired duly following the procedure and compensation was paid to them by taking possession and the layout was already formed and house site pattas were also issued to the identified beneficiaries in the month of December 2020. However, the petitioner encroached upon Ac.0.04 cents and Ac.0.97 cents in R.S.No.43 of Bandapuram Village and he is cultivating the Cashew and Oil Palm crops in it. The subject land is situated at 400 meters away from the Bandapuram Village and adjacent to Devarapalli- Khammam Highway and the same can be utilized either by issuing house sites to future beneficiaries or for any other public purpose. 6. In view of the above said facts and circumstances, since the respondent Nos.2 to 4 already implemented the above said welfare scheme of housing and alternative lands are acquired, no further orders are necessary in that regard. However, as the petitioner is found to be an encroacher in the above said extents of Ac.0.04 cents and Ac.0.97 cents in R.S.No.43 of Bandapuram Village, the respondent Nos.2 to 4 are directed to proceed in accordance with law for eviction of the petitioner by following the due procedure, giving due opportunity of hearing to the petitioner and all the parties concerned, enabling the respondent Nos.2 to 4 to utilize the subject encroached lands for any other public purpose. The impugned notice of the 4th respondent dated 11.01.2020 is set aside herewith, enabling the respondent authorities to take action afresh as indicated above. 5 HBKM,J W.P.No.6078 of 2020 7. 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 23.09.2025 PGT