APHC010141902022 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: 7830/2022 Between: 1. SMT. PAIBHAVI ANITHA,, W/O. P. HANUMANTHU, AGED ABOUT 35 YEARS, AGRICULTURE LABOUR, H.NO. 6-174, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 2. SMT. PAIBHAVI PARIRNALA,, W/O. P. BHASKAR REDDY, AGED ABOUT 42 YEARS, AGRICULTURE LABOUR, H.NO. 4-62-1, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 3. SMT. PAIBHAVI ERAMRNA,, W/O. PAIBHAVI VEERA REDDY, AGED ABOUT 52 YEARS, AGRICULTURE LABOUR, H.NO. 4-82, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 4. SMT. PAIBHAVI SHIVAMMA,, W/O. P. THIKKAIAH, AGED ABOUT 58 YEARS, AGRICULTURE LABOUR, H.NO. 4-51, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 5. SMT. PAIBHAVI NARESAMMA,, W/O. PAIBHAVI LAKSHMAIAH, AGED ABOUT 62 YEARS, AGRICULTURE LABOUR, H.NO. 4-67, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 6. SMT. PAIBHAVI SHANTHAMMA,, W/O. PAIBHAVI ERANN,I, AGED ABOUT 42 YEARS, AGRICULTURE LABOUR, H.NO. 4-54, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. 2 7. SMT. GAJJALA SIDDALINGAMMA,, W/O. PAIBHAVI VEERA RL AGED ABOUT 58 YEARS, AGRICULTURE LABOUR, H.NO. 4-46, MADHAVARAM VILLAGE, MANTRALAYAM MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL DISTRICT. 4. THE TAHSILDAR, MANTRALAYAM, KURNOOL DISTRICT. ...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 action of the respondents in seeking evict the petitioners from their house sites in Sy.No. 238 admeasuring 3 and 2 (three and two ) cents situated at Madhavaram Village Mantralayam Mandal, Kurnool District, under the guise of issuance of house site pattas to the proposed beneficiaries under Navaratnalu -Pedalanadari programme, as illegal, arbitrary, unwarranted, unjust and violative of principles of natural justice and also violative of Art. 14, 21 and 300-A of the Constitution of India and consequently DIRECT the respondents not to issue house site pattas in the land of petitioners' house sites in Sy.No. 238 admeasuring 3 and 2 (three or two) cents situated at Madhavaram Village Mantralayam Mandal, Kurnool District to the proposed beneficiaries in Navaratnalu - Pedalandariki Illu Programme and pass 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 to direct the respondents not to dispossess the petitioners from „respective house sites in Sy.No. 238 admeasuring 3 and two (three and two) cents 3 situated at Madhavaram Village Mantralayam Mandal, Kurnool District, pending disposal of above writ petition and pass 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 to vacate the interim order passed in W.P.No.7830/2022 dated 28.3.2022 and pass such other order or orders as Counsel for the Petitioner(S): 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR REVENUE 4 The Court made the following Order: Heard the 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 respondents in seeking to evict the petitioners from their house sites in Sy.No.238 admeasuring 3 and 2 (three and two) cents situated at Madhavaram Village, Mantralayam Mandal, Kurnool District, under the guise of issuance of house sites pattas to the proposed beneficiaries under Navaratnalu - Pedalandariki Illu programme. 3. The learned counsel for the petitioners submits that the petitioners relied upon pattas said to have been issued in favour of the petitioners by the 4th respondent dated 05.04.2009, 06.04.2009 and 07.04.2009 respectively. He further submits that the petitioners are in possession of the said extent as detailed in the aforesaid pattas. 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 22.09.2025 submitted that the 4th respondent re-verified and re-enquired the subject issue and found that the petitioners are never in possession of the said property in Sy.No.238 of Madhavaram Village. The petitioners created the pattas and they are claiming the ownership. They created fake pattas and filed this Writ Petition. The said pattas were verified in the office and such documents were not found in the office. The pattas that were relied upon by the petitioners are created for 5 this purpose only. Whereas, they issued pattas to the 33 beneficiaries on 04.01.2021 under the welfare housing scheme. The entire locality and the village people know the facts and the said beneficiaries list was also published in the notice board of local panchayat office. The petitioners are admitting that they may be re-assigned the house site pattas by reducing Ac.0.01 cents that means they are not in possession and enjoying the place as they claimed. If they are really eligible, then the Tahsildar is ready to give house site patta as per the Government norms in some other place. In Sy.No.238 total 33 plots were distributed to the poor. Though the Housing Department sanctioned the houses for the 33 beneficiaries, only 9 people have received housing equipment and started houses in view of the interim orders of this Court dated 05.05.2022. Remaining beneficiaries have not yet started construction of houses. 5. In view of the above said facts and circumstances, the petitioners can approach the respondent Nos.2 to 4 for grant of house site pattas if any, enclosing all the necessary documents in support of their claim within a period of four (04) weeks, from the date of receipt of this Court order. If so made, the respondent Nos.2 to 4 are directed to consider and dispose of the same strictly in accordance with law by hearing all the parties concerned, including the petitioners, giving due opportunity and upon verification of the records, an appropriate decision shall be taken on its own merits. 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. The 6 written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the Court record. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 06.10.2025 M K K