APHC010250152020 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: 16444/2020 Between: 1. SURIPAKA ANNAPURNAMMA,, W/O RAMAIAH, AGED ABOUT 45 YEARS, OCCUPATION COOLIE 2. SURIPAKA RAMAIAH,, S/O KRISHNAIAH, AGED ABOUT 40 YEARS, OCC COOLIE. 3. CHIDADALA PADMA,, W/O YANADAIAH AGED.30 YEARS, OCC COOLIE 4. SARVEPALLI POLAMMA,, D/O PENCHALAIAH, AGED ABOUT 50 YEARS, OCC COOLIE. 5. SURIPAKA PENCHALAIAH,, S/O CHINA KANNAIAH, AGED ABOUT 52 YEARS, OCCCOOLIE. 6. KADIVETI MEERAMMA,, W/OMASTHANAIAH, AGED ABOUT 37 YEARS, OCC COOLIE 7. SURIPAKA RAMANAMMA, W/O RAMANAIAH, AGED ABOUT 45 YEARS, OCC COOLIE 8. KOMMALA VENKATA RAMANAIAH,, S/O POLAIAH, AGED ABOUT 40 YEARS, OCC COLLIE 9. SURIPAKA ROSAMMA,, W/O CHINNA VENKATESWARLU, AGED ABOUT 43 YEARS, OCC COOLIE 10. AKKEM SRINIVASULU REDDY,, S/O LAKSHAMAREDDY, AGED ABOUT 45 YEARS, OCC FARMER. 2 HBKM,J W.P.No.16444 of 2020 11. SURIPAKA PENCHALAIAH,, S/O RAMAIAH, AGED ABOUT 40 YEARS, OCC COOLIE 12. SURIPAKA RAMANAMMA,, W/O RAMANAIAH, AGED ABOUT 45 YEARS, OCC COOLIE 13. SANGAPU HIMAVATHI,, W/O SRINIVASULU, AGED ABOUT 35 YEARS, OCC COOLIE 14. SANGAPU BABU,, S/O RAMANAIAH, AGED ABOUT 40 YEARS, OCC COOLIE 1 TO 14 RESIDING AT MUDIGEDU VILLAGE, PODALAKUR MANDAL, SPSR NELLORE DISTRICT, A.P.STATE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., A.P. 2. THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT, A.P. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, PODALAKUR MANDAL, SPSR NELLORE DISTRICT, A.P. 5. THE MPDO, PODALAKUR MANDAL, NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3 HBKM,J W.P.No.16444 of 2020 The Court made the following 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 notice issued by the 4th respondent dated 05.08.2020 alleging that the persons shown in the table of the impugned notice that though the House Possession certificates were issued in the year 1997, none of the beneficiaries have occupied the house site plots allotted to them till date, so they have violated the conditions of the certificates as per the BSO 15 and as such why the subject lands should not be resumed to the Government by calling explanations within 5 days from the date of receipt of the said notice. 3. The learned counsel for the petitioners submits that the petitioners submitted their representation dated 11.08.2020, but thereafter, there was no progress in the matter. On perusal of the impugned notice dated 05.08.2020 of the 4th respondent it clearly shows that 9 persons were shown in the above said table of the said notice as the violators of the condition number BSO 15. But in the writ petition, 14 petitioners are shown. It is not clear whether any separate notice was given to the other number of persons, whose names are not there in the above said impugned notice. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the 4th respondent may be 4 HBKM,J W.P.No.16444 of 2020 permitted to proceed with the necessary enquiry under the above said impugned notice, following the due procedure. 5. In view of the above said facts and circumstances, if not already concluded any enquiry pursuant to the above said impugned notice dated 05.08.2020, the 4th respondent is directed to proceed with the necessary enquiry pursuant to the above said impugned notice dated 05.08.2020 if it is pending as of now. The petitioners/recipients of the above said impugned notice/notices are permitted to submit their explanations, enclosing all the necessary documents in support of their claim within a period of three (03) weeks from the date of receipt of this order, in continuation of the earlier explanation dated 11.08.2020, if any and the proposed explanation of the petitioners as indicated above. On receipt of the same, the 4th respondent is directed to proceed with the necessary enquiry, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity of hearing, upon verification of the records and the subject land an appropriate decision shall be taken on its own merits by concluding the above said enquiry as expeditiously as possible preferably within a period of three (03) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject lands as detailed in the above said impugned notice dated 05.08.2020. 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. 5 HBKM,J W.P.No.16444 of 2020 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.09.2025 PGT