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2025 DAILYLAW 48852 (AP)

Upplituri Appaiuli v. The State of Andhra Pradesh

WP/891/2021 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

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APHC010011692021 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: 891/2021 Between: 1. UPPLITURI APPAIULI, S/O LATE VENKATA RAMAIAH AGED ABOUT 66 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT, 2. KATLA SANTHA RAO, S/0 BRAHAMAIAH AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 3. NADIPINENI RATHAIAH, S/O RAMAIAH AGED ABOUT 73 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 4. APPALANENI RATNAIAH, S/O SARNULU AGED ABOUT 62 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 5. YERRAM VENKATARAO, S/O ANJANEYULU AGED ABOUT 58 YEARS, CULTIVATION RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 6. NADIPINENI ANJANEYULU, S/O BRAHMAIAH AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 7. UPPUTURI VENKAIAH, S/O RAMAIAH AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 2 8. UPPUTURI VEERARAGHAVULU, S/O. BRAHMAIAH AGED ABOUT 56 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 9. KORITELA GOVARDHANA RAO, S/O ANJAIAH AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT. 10. UPPUTURI SIVARAMA KRISHNAIAH, S/O KOTESWARA RAO, AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA NARASARAOPET MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VCLAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET DIVISION, NARASARAOPET, GUNTUR DISTRICT. 4. THE THASILDAR, NARASARAOPET MANDAL, NARASARAOPET, GUNTUR DISTRICT. 5. THE STATION HOUSE OFFICER, NARASARAOPET RURAL POLICE STATION, NARASARAOPET, GUNTUR 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 more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd and 4th respondents in conversion of the water tank to an extent of Ac 0-05 cents situated Sy.No.162-A3A-A30 and house site pattas to an extent of Ac 0-05 cents each situated in Sy.No.162-A3A- A30 of Jonnalagadda Village, Narasaraopet mandal, Guntur district into house site pattas under the Navaratnalu scheme without notice is 3 illegal, arbitrary, violative of Article 300-A of the Constitution of India and contrary to provisions of the A.P. Assigned Land (Prohibition of Transfer) Act, 1977 and consequently direct the 3rd and 4th respondents herein not to interfere with the petitioners property and to 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 grant stay of conversion of the water tank to an extent of Ac 0-05 cents situated in 162-A3A-A30 and house site pattas of the petitioners to an extent of AC 0-05 cents each situated in 162- A3A-A30 of Jonnalagaddal Village, Narasaraopet mandal, Guntur district into house site pattas under the Navaratnalu scheme without notice to the petitioner pending disposal of the above writ petition in the interests of justice. Counsel for the Petitioner(S): 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 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 3rd & 4th respondents in conversion of the water tank to an extent of Ac.0-05 cents in Sy.No.162-A3A-A30 and house site pattas to an extent of Ac.0- 05 cents each in Sy.No.162-A3A-A30 of Jonnalagadda Village, Narasaraopet Mandal, Guntur District into house site pattas under the Navaratnalu scheme without notice. 3. On the other hand, the learned Assistant Government Pleader for the respondents relying upon the written instructions of the 4th respondent dated 22.09.2025 submits that the land in Sy.No.162-A is a government dry as per the entries recorded in RSR of Jonnalagadda village covering the total extent of Ac.7.23 cents. The subject property of this writ petition has been sub-divided as under: Sl. No. Sub-division Number Extent Classification 1 162/A1 0.04 Patta Land 2 162/A2 0.20 PWD Canal 3 162/A3-A 3.99 Land Acquisition Land 4 162/A3-B 0.28 NSP Canal 5 162/A3-C 2.76 Land Acquisition Land 4. The land situated in Sy.No.162/A3A and Sy.No.162/A3-C of Jonnalagadda village have been taken for providing house sites to 5 weaker sections previously vide award No.104 dated 08.12.1965. The respondent Nos.3 & 4 have not taken any steps for evicting the petitioners from their house sites in Sy.No.162/A3A of Jonnalagadda Village for the welfare scheme of housing. 5. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.0.04 cents in Sy.No.162/A1, 0.20 cents in Sy.No.162/A2, 3.99 cents in Sy.No.162/A3-A, 0.28 cents in Sy.No.162/A3-B and 2.76 cents in Sy.No.162/A3-C strictly in accordance with law, if so warranted for any public purpose. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the court record. 6. 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 24.09.2025 NNN