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High Court of Andhra Pradesh · body

2025 DAILYLAW 48914 (AP)

Ediga Naveen Kumar, v. State of Andhra Pradesh,

WP/25004/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

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APHC010374572020 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: 25004/2020 Between: 1. EDIGA NAVEEN KUMAR,, SAL LAKSHMANNA, AGED ABOUT 21 YEARS, AGRICULTURE LABOUR, PLOT NO, 71, IBRAHIMPURAM VILLAGE, NANDAVARAM MANDAL, KURNOOL DISTRICT. 2. EDIGA SHIVAMMA,, W/O. JANARDHAN, AGED ABOUT 45 YEARS, AGRICULTURE LABOUR, PLOT NO. 70, IBRAHIMPURAM VILLAGE, NANDAVARAM MANDAL, KURNOOL DISTRICT, 3. SMT, EDIGA ANASUYAMMA,, W/O. LAKSHMANNA, AGED ABOUT 38 YEARS, AGRICULTURE LABOUR, PLOT NO. 94, IBRAHIMPURAM VILLAGE, NANDAVARAM MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. .. 3. THE REVENUE DIVISIONAL OFFICER, , ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, NANDAVARAM, KURNOOL 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 2 BKM,J W.P.NO.25004 OF 2020 pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents in proposing to issue house site pattas in the land of petitioners house sites in Sy.No. 118/A2, B,C,D,E admeasuring 3 (Three) cents each bearing plot numbers bearing Nos. 71, 70 and 94 respectively situated at lbrahimpuram Village, Nandavaram Mandal, Kurnool District to the proposed beneficiaries in Navaratnalu Pedalandari Illu Programme, as illegal, arbitrary, unwarranted, unjust and violative of principles of natural justice and also violative of Art. 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents not to allot/issue house site pattas in the land of petitioners house sites in Sy.No. 118/A2, B,C,D,E admeasuring 3 (Three) cents each bearing plot numbers bearing Nos. 71, 70 and 94 respectively situated at Ibrahimpuram Village, Nandavaram Mandal, Kurnool District to the proposed beneficiaries in Navaratnalu Pedalandari lllu Programme 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 pleased to DIRECT the respondents not to dispossess the petitioners from respective house sites bearing plot Nos. 71, 70 and 94 respectively in Sy.No. 118 A2, B CDE admeasuring 3 cents situated at Ibrahimpuram Village Nandavaram Mandal, Kurnool District, pending disposal of above writ petition and pass Counsel for the Petitioner(S): 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 BKM,J W.P.NO.25004 OF 2020 ORDER Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondents in proposing to issue house site pattas in the land of petitioners’ house sites in Sy.No.118/A2,B,C,D,E admeasuring 3 (Three) cents each bearing plot numbers bearing Nos.71, 70 and 94 respectively situated at lbrahimpuram Village, Nandavaram Mandal, Kurnool District to the proposed beneficiaries in Navaratnalu-Pedalandari Illu Programme. 3. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 4th respondent/Tahsildar dated 22.09.2025, submits that the land in Sy.No.118/A2,B,C,D,E to an extent of Ac.15.41 cents, was acquired for house sites and a lay out was formed with 356 plots, each 3 cents, in the said survey number. The plot Nos.70, 71 and 94 were allotted to the writ petitioners. However, the writ petitioners have not constructed any houses in the plots allotted to them, they are not residing in the village and they are residing in another Mandal. At present, the plots are vacant plots. 4. The copy of the instructions of the 4th respondent shall be made as part of the Court record. 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.15.41 cents in Sy.No.118/A2,B,C,D,E in lbrahimpuram Village, Nandavaram Mandal, 4 BKM,J W.P.NO.25004 OF 2020 Kurnool District, strictly in accordance with law, if so warranted, for any public purpose. 6. 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 5 BKM,J W.P.NO.25004 OF 2020 247 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 25004/2020 24.09.2025 LSP