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2025 DAILYLAW 49967 (AP)

K NARAYANA v. The State of Andhra Pradesh,

WP/24756/2020 · 2025-09-16

B Krishna Mohan

body2025

Judgment text

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APHC010371792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 24756/2020 Between: 1. K NARAYANA, S/O K.RATHNAMAIAH, AGE 45 YEARS, OCC COOLY, R/O SADAPURAM VILLAGE, DIBBANAKAL POST, ADONI MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT AT KURNOOL. 3. THE REVENUE DIVISIONAL OFFICER, ADONI REVENUE DIVISION, ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, ADONI MANDAL, KURNOOL DISTRICT. 5. D BHEERNANNA, S/O LATE NARASANNA, AGE MAJOR, R/O SADAPURAM VILLAGE, DIBBANAKAL POST, ADONI MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. T MALLESH 2 HBKM,J W.P.No.24756 of 2020 Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.24756 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. 2. This writ petition was filed questioning the action of the respondent Nos.1 to 4 in not removing the 5th respondent from the house site No.18 of SC Colony, Sadapuram Village, Adoni Mandal, Kurnool District, occupied illegally by the 5th respondent by erecting a hut by coming in the way of construction of SC Community hall by the RDT management with their own funds. 3. The learned counsel for the petitioner submits that the Sadapuram Scheduled Caste people are not having any community hall and as such they requested the Rural Development Trust People to construct the Community Hall to the Harijana Wada if the Government provides site for the said purpose. The RDT people also made a representation to the respondent Nos.3 and 4 requesting to provide site in the villages of Sadapuram, Virupapuram, Dibbanakallu, Arekal, Basarakodu, Nettekal, Salakalakonda and Sambagal as there are no community halls in the above said villages. The 3rd respondent came forward and allotted two left over sites i.e., house site No.18 & 28 to the RDT management for construction of SC Community hall in the said plots in Sy.No.274 for an extent of Ac.0.09 cents (18 & 28 together). The Grampanachayat also passed a resolution to construct SC Community hall by the RDT management in the said house sites provided by the 3rd respondent. Whereas the 5th respondent encroached upon the said house site bearing 4 HBKM,J W.P.No.24756 of 2020 No.18 in Sy.No.274, which was handed over to the RDT management for construction of SC Community hall, in the said site, the 5th respondent erected a thatched hut without having any manner of right, only to create a trouble to the SC community people and the RDT management. 4. Inspite of service of notice, the 5th respondent refused to receive the notice and chosen not to appear in this case. 5. However, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 submits that if the representation of the petitioner dated 13.07.2020, if not already disposed of by now, the same would be considered by the 3rd respondent, following the due procedure. 6. In view of the above said facts and circumstances, the 3rd respondent is directed to consider and dispose of the representation of the petitioner dated 13.07.2020, if not already disposed of by now, strictly in accordance with law, following the due procedure and giving due opportunity of hearing to the petitioner, the 5th respondent and all others concerned with respect to the subject house sites for the purpose of consideration of the relief sought by the petitioner. The said enquiry shall be concluded as expeditiously as possible preferably within a period of four (04) months from the date of receipt of this order. It is further reiterated that all the parties concerned/stakeholders shall be heard, giving due opportunity with respect to the subject house sites and appropriate decision shall be taken on its own merits. 5 HBKM,J W.P.No.24756 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 17.09.2025 PGT