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2025 DAILYLAW 49732 (AP)

Arikatla Brahmaiah v. The State of Andhra Pradesh

WP/25187/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010377132020 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: 25187/2020 Between: 1. ARIKATLA BRAHMAIAH, S/O.TIRUPALU, AGED 60 YEARS, RESIDENT OF H.NO. 6-96, BHUTHAMVARI PALLI, CHAKIRALA VILLAGE, KANIGIRIMANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 2. SURASANI VEMKATA RAMIREDDY, S/O. NADIPI VENKATAIAH, R/O. H.NO. 6-90, BHUTHAMVARI PALLI, CHAKIRALA VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 3. BAPATLA KONDAIAH, S/O. CHINA ROSAIAH, AGED 68 YEARS, R/O. H.NO. 6-560, BHUTHAMVARI PALLI, CHAKIRALA VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF (ASSIGNMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT,ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, KANDUKURU REVENUE DIVISION AT KANDUKURU, PRAKASAM DISTRICT 4. THE TAHSILDAR, KANIGIRI MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 2 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 an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the Respondents particularly the 4th respondent in proposing to allot house site pattas under the scheme NAVARATNALU-PEDALANDARIKI ILLU in the Grazing land (Mandabayalu)situated in an extent of Ac.43.92 cents covered by Sy.No.328 of Chakirala Revenue Village, Kanigiri Mandal, Prakasam District, as illegal, arbitrary, ultra virus, unjust against the procedure laid down in the Board standing orders and against the principles of natural justice and to consequently, direct the respondents not to allot the said land for house site pattas to third parties in the interest of justice and to 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 issue an interim direction against the respondents not to allot house site pattas under the scheme “NAVARATNALU- PEDALANDARIKI ILLU” in the Grazing land (MANDABAYALU) situated in an extent of Ac.43.92 cents covered by Sy.No.328of Chakirala Revenue Village, Kanigiri Mandal, Prakasam District, during the pendency of this writ petition, in the interest of justice 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 to vacate the interim orders dt:30-12-2020 passed inWP.No.25187/2020 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) 3 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 respondents particularly the 4th respondent in proposing to allot house site pattas under the scheme „Navaratnalu Pedalandariki Illu‟ in the gazing land (Mandabayalu) situated in an extent of Ac.43.92 cents covered by Sy.No.328 of Chakirala Revenue Village, Kanigiri Mandal, Prakasam District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 23.09.2025 submits that the subject land was initiated for allotment of land into the house sites by following the due procedure. The subject land is a vacant land and no house site pattas were granted to anybody. There is an interim order of this court dated 31.12.2020. 4. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in an extent of Ac.43.92 cents in Sy.No.328 of Chakirala Revenue Village, Kanigiri Mandal, Prakasam District strictly in accordance with law, if so warranted for any public purpose and if not already used by now for the above said welfare scheme for the poor. 4 5. 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