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2025 DAILYLAW 49771 (AP)

Badugu Nagaraju v. The State of Andhra Pradesh,

WP/25355/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

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APHC010380322020 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: 25355/2020 Between: 1. BADUGU NAGARAJU, S/O BADITAYYA AGE. 64 YEARS, OCC. AGRICULTURE, R/O MARUVADA VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT. 2. URUKUTTI APPARAO, S/O POTHU RAJU, AGE. 46 YEARS, OCC. AGRICULTURE, R/O 5-38/2 , MARUVADA, TUNI MANDAL, EAST GODAVARI DISTRICT. 3. URUKUTTI RAMANA, S/O U.MARAYYA AGE. 57 YERS, OCC. AGRL LABOUR, R/O. MARUVADA VILLAGE, TUNI MANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS. PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDING AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PEDDAPURAM, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, TUNI MANDAL, EAST GODAVARI 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 topleased to issue a writ , order, direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No. 2, 3, and 4 taking possession of lands extent 50 cents, 30 cents, and 20 cents situated in Sy. No 106 Maruvada Village Durgalamma metta, Tuni Mandal, East Godavari District, without issuing any notice , without providing opportunity to submit explanation, despite of issuance of Govt., Memo No. Rev 01-LANAOMISC/867/2020/Land.III Dt. 3-8-2020 is bad, arbitrary, Un-constitutional clear violation of Art. 14, 21 and 300-A of Constitution of India and consequently direct the Respondents no. 2, 3, and 4 not to interfere in to peaceful possession, enjoyment of lands extent 50 cents, 30 cents, and 20 cents situated in Sy.no 106 Maruvada Village , Tuni Mandal West Godavari District , and not to issue any House Site Pattas under Navaratnalu Programme thereon, without examine the issue as directed under Govt., Memo No. Rev 01-LANAOMISC/867/ 2020/Lands.IV Dt. 3-8-2020 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 pleased to direct the Respondents no. 2, 3, and 4 not issue House Site Pattas in lands under occupation of petitioners, extent SO cents, 30 cents, and 20 cents, situated in Sy,No. 106 Maruvada Village Durgalamma Metta Tuni mandal Navaratnalu Programme, pending disposal of main Writ petition and pass Counsel for the Petitioner(S): 1. J SATYA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard Sri Sriman, 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 respondent Nos.2, 3 & 4 in taking possession of lands to an extent of 50 cents, 30 cents, and 20 cents situated in Sy.No.106 Maruvada Village, Durgalamma Metta, Tuni Mandal, East Godavari District without issuing any notice,without providing opportunity to submit explanation, despite of issuance of government memo No.Rev.01-LANAOMISC/867/ 2020/Land.III dated 03.08.2020. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 29.12.2020 submits that the subject land is classified as Konda Poramboke land and the layout was prepared for house sites and distribution of pattas were also made. However, 78 pattas were already distributed for the eligible beneficiaries in the above said lay out. 4. In view of the same, no further orders are necessary in this writ petition. The written instruction of the 4th respondent dated 29.12.2020 shall be made as part of the court record. 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. 4 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 24.09.2025 NNN