APHC010104032020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6323/2020 Between: 1. TALLA RAGHAVULU, S/O PULLAIAH, AGED ABOUT 62 YEARS, RIO SRINIVASAPURAM VILLAGE, MADAKALAVARIPALLE POST, GOPAVARAM MANDAL. YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, YSR KADAPA. 3. THE TAHSILDAR, GOPAVARAM MANDAL, YSR KADAPA DISTRICT. 4. P CHINNA RAMANAIAH, S/O SANJEEVAIAH, AGED ABOUT 53 YEARS, R/O SRIRAMANJANEYA NAGAR, H/O MADAKALAVARIPALLE, GOPAVARAM MANDAL, YSR KADAPA DISTRICT. 5. J TIRUVENGALACHARI, S/O PENCHALAIAH, AGED ABOUT 56 YEARS, R/O SRIRAMANJANEYA NAGAR, H/O MADAKALAVARIPALLE, GOPAVARAM MANDAL, YSR KADAPA DISTRICT. 6. P MURALI, S/O SRINIVASULU, AGED ABOUT 30 YEARS, R/O SRIRAMANJANEYA NAGAR, H/O MADAKALAVARIPALLE, GOPAVARAM MANDAL, YSR KADAPA 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 writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the 3rd respondent in trying to dispossess the petitioner from the Plot No.93 in Sy.No.962/l to an extent of Ac.0.05 cents situated at Madakalavaripalle Village, Gopavaram Mandal. YSR Kadapa District, without fpllowing the due process of law, is illegal, arbitrary, unconstitutional, influenced by extraneous considerations, colourable exercise of powers, apart from violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent not to dispossess the petitioner from the house site Plot No.93 in Sy.No.962/1 to an extent of Ac.0.05 cents situated at Madakalavaripalle Village, Gopavaram Mandal. YSR Kadapa District 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 to direct the 3rd respondent not to dispossess the petitioner from the house site Plot No.93 in Sy.No.962/1 to an extent of Ac.0.05 cents situated at Madakalavaripalle Village, Gopavaram Mandal. YSR Kadapa District pending disposal of the above writ petition and pass IA NO: 1 OF 2025 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 vacate the interim orders passed on dt 17.03.2020 in IA No. 1 of 2020 in WP No. 6323 of 2020 and dismiss the Writ Petition in the interest of justice and pass Counsel for the Petitioner: 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. SHAIK MOHAMMED ISMAIL 3 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 3. 2. This writ petition was filed questioning the action of the 3rd respondent in trying to dispossess the petitioner from the plot No.93 in Sy.No.962/1 to an extent of Ac.0.05 cents situated at Madakalavaripalle Village, Gopavaram Mandal, Y.S.R. Kadapa District without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that, on verification of the DKT house site register for the fasli 1403 discloses that the house site No.2427/1403 for the plot No.193 is existing in the name of the petitioner vide page No.150 to 151 the date of issuance of patta is noted as 17.08.1994. The said entry speaks that the name of the petitioner was entered in the 1403 fasli register. Every fasli year starts from 1st July of year and ends with 30th June of next year. Accordingly, the fasli year 1403 starts from 1st July of 1993 and ends with 30th June of 1994. But as seen from the date of issuance of the petitioner’s patta, that it was issued on 17.08.1994, then it falls in the fasli year 1404. Hence, it could be understood that the petitioner prepared D-form patta to file this writ petition to grab the government 4 land. He has not raised any construction over the site till date. Since Primary Health Centre has already been in existence on the southern side of the subject site and the subject site is also under utilization of the said Primary Health Centre even according to the condition No.2 of the DKT patta, the petitioner has to construct the house in the said land within twelve months from the date of issuance of DKT patta. Even after lapse of 28 years, the petitioner has not taken up any activity towards construction of house site. Hence, the said house site patta is liable to be cancelled and it is liable to be resumed to the government. 4. Be that as it may, during the inspection of the said land, it is revealed that, the land in Sy.No.962/1 to an extent of Ac.4.66 cents of Madakalavaripalli Village of Gopavaram Mandal was covered by houses of S.C. community and there is no vacant site in plot No.93 as claimed by the petitioner, since the Primary Health Centre is existing over the Plot No.93 & 100 physically on the ground. 5. In view of the above said facts and circumstances, as the subject land is covered by the Primary Health Centre, no relief can be granted in this writ petition, since the petitioner has not established possession over the subject land. 6. Accordingly, the writ petition is dismissed. Interim order if any, deemed to have been vacated. There shall be no order as to costs. 5 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 17.11.2025 NNN