APHC010111572022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6821/2022 Between: 1. BAZARU VENKATA LAKSHMI, W/O. SATYANARAYANA, AGED ABOUT 59 YEARS, R/O. 9-37/1, BAPULAPADU VILLAGE HARIUMAN JUNCTION, KRISHNA DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE SUB COLLECTOR, NUZVID, KRISHNA DISTRICT 4. THE TAHSILDAR, NUZVID MANDAL, KRISHNA DISTRICT 5. MORASAPUDI GRAMPANCHAYAT, REP. BY ITS SECRETARY, MORASAPUDI, NUZVID MANDAL, ...RESPONDENT(S): 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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of 2nd Respondent in- issuing proceedings dated 0-11-2019 in File No. E5/Hobse Sites/COC/2019, wherein an extent of Ac.1.02 cents land situated in R.S. No.119-2, R.S. No.119-3, R.S. 2 1 No.120-2, R.S. No.121-1 of Morasapudi Village, Nuzvid Mandal, Krishna District was converted from the category of Donka Poramboke to G.P - A.W.D (Assessed Waste Dry) land for the purpose of issuing House i Site Pattas under Navaratnalu - Pedalandariki Illu scheme as being illegal, arbitrary, violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and further against the spirit of the Constitution- of India and consequently to set aside the proceedings dated 30-11-2019 in File No. E5/House Sites/COC/2019 and pass such IA NO: 1 OF 2022 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 may be pleased to direct the respondents to forthwith clear the encroachments in the public lands in survey no. 78 and 119 of Morasapudi Village, Nuzvid Mandal, Krishna District for the purpose of laying the B.T. road from Morasapudi to Ramannagudem sanctioned under the `Pradan Mantri Gram Sadak Yojana' scheme at uniform width from the MNK main road, pending disposal of the above writ petition and pass such IA NO: 2 OF 2022 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 may be pleased to suspend proceedings dated 30-11-2019 in File No. E5/House Sites/COC/2019, pending disposal of the above writ petition and pass such Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and the learned Standing Counsel for the respondent No.5. 2. This writ petition was filed questioning the action of the 2nd respondent in issuing the proceedings dated 30.11.2019 in File No.E5/House Sites/COC/2019, wherein an extent of Ac.1.02 cents land situated in R.S.No.78-2, R.S.No.119-2, R.S.No.119-3, R.S.No.120-2, R.S.No.121-1 of Morasapudi Village, Nuzvid Mandal, Krishna District was converted from the category of Donka Poramboke to “G.P - A.W.D (Assessed Waste Dry) land for the purpose of issuing House Site Pattas under “Navaratnalu - Pedalandariki Illu” scheme and the action of the respondents in narrowing down the Morasapudi to Ramannagudem B.T. road at Sy.No.78 and 119 of Morasapudi Village, Nuzvid Mandal, Krishna District, to protect the illegal encroachments. 3. On the other hand the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 03.10.2025 submitted that in order to provide housing shelter to the homeless weaker sections of the society, the 2nd respondent converted only very less percentage of the Donka land which will never cause any hindrance for the passage of the farmers of surrounding fields by taking resolution of the gram panchayat and subsequently the Government issued orders to de-notify Donka and other poramboke under Section 58(2) of the Andhra Pradesh Panchayat Raj Act. 4 The petitioner is an absentee land lady and approached this Court three times on the same subject matter motivated by the other rival groups in the village. As per the proceedings of the 2nd respondent dated 30.10.2019, out of the total extent of Donka land in an extent of Ac.3.78 cents, only an extent of Ac.1.02 cents i.e., 28% by leaving 72% for passage of expansion of B.T. road was converted from category of Donka Poramboke to A.W.D. (Assessed Waste Dry) for the purpose of issuing house sites under the “Navarathnalu Pedala Andaraki Illu scheme. The above proceedings of 2nd respondent is in tune with the G.O.Ms.No.558 PR & RD (Pts II Department dated 02.03.2020) by de-notifying Donka Lands. There is no narrowing the B.T. road in R.S.No.78 and 119 and the details of very less percentage of land utilized for housing purpose by leaving larger percentage as tabulated hereunder: Sl. No R.S. No Total Extent Classification Extent proposed for house sites Balance left over for passage and BT Road Percentage proposed for utility of house site % Percentage of extent made available for road purpose 1 78/1 0.86 Donka 0.22 0.64 25.5% 74.5% 2 78/6 0.24 Donka 0.094 0.146 39% 61% 3 103/6 0.60 Donka 0.245 0.355 40% 60% 4 119/1 0.98 Donka 0.40 0.58 40% 60% 5 119/2 0.23 Donka 0.09 0.14 39% 61% 6 119/3 0.17 Donka 0.07 0.10 41% 59% 4. The Gram Panchayat of the village has also given consent for the proposals of housing. There is no intention to protect the illegal encroachments on the part of the respondents as contended/alleged. As 5 stated supra 60% of the land made available for B.T. road purpose in R.S.78 & 119 of the said village which is more than sufficient. 5. In view of the above said facts and circumstances, no relief can be granted in this writ petition. 6. Accordingly, this Writ Petition is dismissed. Interim order if any deemed to have been vacated. There shall be no order as to costs. The written instructions of the 4th respondent dated 03.10.2025 shall be made as part of the Court record. However, the respondent Nos.2 to 5 are directed to deal with the subject land strictly in accordance with law, if so warranted for any public purpose, if not already used for the above said purpose of welfare scheme by now. 7. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 06.10.2025 M K K