APHC010113972021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6853/2021 Between: 1. HARIJANA PRAKASHAM, , S/O. LATE GANGANNA, AGED ABOUT 36 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. 2. SMT. HARIJANA SUNKULAMMA,, 68 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. 3. HARIJANA DEVAPUTRA,, S/O. MAREPPA, AGED ABOUT 30 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. 1. THE STATE OF AP, 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, YEMMIGANUR, KURNOOL DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6853/2021 HARIJANA PRAKASHAM, , S/O. LATE GANGANNA, AGED ABOUT 36 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. SMT. HARIJANA SUNKULAMMA,, W/O. KONDANNA, AGED ABOUT 68 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. HARIJANA DEVAPUTRA,, S/O. MAREPPA, AGED ABOUT 30 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. ...PETITIO AND THE STATE OF AP, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL YEMMIGANUR, 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 IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN HARIJANA PRAKASHAM, , S/O. LATE GANGANNA, AGED ABOUT 36 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, W/O. KONDANNA, AGED ABOUT 68 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, HARIJANA DEVAPUTRA,, S/O. MAREPPA, AGED ABOUT 30 YEARS, AGRICULTURIST, PESALADINNE VILLAGE, YEMMIGANUR ...PETITIONER(S) THE STATE OF AP, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS SECRETARY. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. THE REVENUE DIVISIONAL OFFICER, ADONI, KURNOOL YEMMIGANUR, 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 2 BKM,J W.P.No.6853 of 2021 pleased toto 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 bearing plot Nos. 9, 6, and 2.4 respectively in Sy.No. 91/2 and 100/A1and C1 admeasuring three (3) cents situated at Pesaladinne Village, Yemmiganur Mandal, Kurnool District, under the guise of issuance of house site pattas to the proposed beneficiaries under Navaratnalu - Pedalanadari Illu- 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 petitioners' house sites bearing plot Nos. 9, 6, and 24 respectively in Sy.No. 91/2 and 100/A1and C1 admeasuring three (3) cents situated at Pesaladinne Village, Yemmiganur Mandal, Kurnool District to the proposed beneficiaries in Navaratnalu - Pedalandariki Illu- Programme and pass IA NO: 1 OF 2021 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 their respective house sites bearing plot Nos. 9, 6, and 24 respectively in Sy.No. 91/2 and 100/A1 andC1 admeasuring three (3) cents situated at Pesaladinne Village, Yemmiganur Mandal, Kurnool District, pending disposal of above writ petition and pass IA NO: 2 OF 2021 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 in IA.No.1/2021 in WP.No.6853/2021, dt: 24-03-2021 and dismiss the writ petition Counsel for the Petitioner(S): 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.6853 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing 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 bearing plot Nos.9, 6 & 24, respectively, in survey Nos.91/2 and 100/A1 & C1 admeasuring Ac.0.03 cents situated at Pesaladinne Village, Yemmiganur Mandal, Kurnool District, under the guise of issuance of house site pattas to the proposed beneficiaries under “Navaratnalu- Pedalandariki Illu” programme. 3. The learned counsel for the petitioner submits that the petitioners were allotted house sites bearing plot Nos.6, 9 & 24 in survey Nos.91/2 and 100/A1 & C1, previously in the year 1989. After thirty years the respondent authorities concerned are trying to dispossess the petitioners without following any due procedure for the purpose of distribution of house site pattas for the new eligible beneficiaries with respect to the subject plots. 4. On the other hand, the learned Assistant Government Pleader, relying upon the written instructions of the 4th respondent dated 22.09.2025, submits that the Government acquired the private patta lands in survey Nos.91 & 100/A1 & C1 of Pesaladinne Village, for providing house sites to the weaker sections under the Land Acquisition Act, 1895 and house site pattas were issued to the then beneficiaries in the year 1989 at the rate of three cents 4 BKM,J W.P.No.6853 of 2021 each plot. But, after lapse of thirty years, the concerned house site patta holders could not occupy the house sites allotted to them and thereby violated the second condition of the house site pattas given to them. The patta holders should erect either the hut or house in the site allotted to them within a period of six (6) months from the date of issuance of house site pattas. The details of the lands are as under: Sy.No. Extent (in Acres) Remarks 91 0.67 GD 100/A 0.77 LAHS (SC Colony) 100/C1 1.06 LAHS (SC Colony) Total 2.50 5. At the time of inspection made by the then Tahsildar, Yemmiganur Mandal, it was noticed that in the following acquired lands some of the plots fell vacant and they are covered by thorny bushes like jungle and no house site patta holder is in occupation of the same. The said details of the lands are as under: Sy.No. Extent (in Acres) 91/2 0.67 100/A 0.77 100/C1 1.06 Total 2.50 6. The details of the vacant plots are as under: Sl.No. Sy.No. Extent Plot No. Name of the Beneficiary Remarks 1. 91/2 100/A1& C1 0.03 6 Sunkalamma W/o. Bandanna 5 BKM,J W.P.No.6853 of 2021 2. 91/2 100/A1& C1 0.03 7 Komiti Eswaraiah S/o. Ramaiah 3. 91/2 100/A1& C1 0.03 8 Eswaraiah 4. 91/2 100/A1& C1 0.03 9 Ganganna S/o. Ganganna 5. 91/2 100/A1& C1 0.03 11 Bujjanna S/o. Mallappa 6. 91/2 100/A1& C1 0.03 12 Pedda Yenkanna S/o. Mallappa 7. 91/2 100/A1& C1 0.03 24 Anjinayya S/o. Anumanna 8. 91/2 100/A1& C1 0.03 26 Talari Marenna S/o. Chinna Anumanna 9. 91/2 100/A1& C1 0.03 27 Chinna Yenkanna S/o. Mallappa 10. 91/2 100/A1& C1 0.03 28 Chinna Narasanna S/o. Chinna Anumanna 11. 91/2 100/A1& C1 0.03 30 Devanna S/o. Narasanna 12. 91/2 100/A1& C1 0.03 37 Sharamma W/o. Hanumanthu 13. 91/2 100/A1& C1 0.03 38 Chinna Rajanna S/o. Ramanna 14. 91/2 100/A1& C1 0.03 39 Pillimukku Ramanna S/o. Mallappa 15. 91/2 100/A1& C1 0.03 41 Hanumanthu S/o. Giddaiah 16. 91/2 100/A1& C1 0.03 42 Chakali Linganna S/o. Thippanna 17. 91/2 100/A1& C1 0.03 45 Pedda Bajari S/o. Yellappa 18. 91/2 100/A1& C1 0.03 46 Gundroyi S/o. Mallappa 7. Moreover, the land in survey No.100A to an extent of Ac.0.77 cents and in survey No.100/C1 to an extent of Ac.1.06 cents are entered in the prohibitory property list of Pesaladinne Village, Yemmiganur Mandal under Section 22 (A)(1)(a) of the Registration Act, 1908. In view of the same, the vacant lands were resumed by the then Tahsildar, Yemmiganur Mandal, vide proceedings dated 28.01.2020 to facilitate for issuance of house site pattas to 6 BKM,J W.P.No.6853 of 2021 the eligible beneficiaries of Pesaladinne Village, Yemmiganur Mandal, under the welfare scheme of “Navaratnalu - Pedalandariki Illu”. 8. In view of the above said facts and circumstances, and upon consideration of the rival submissions made, it is to be seen that we are confined to the plot Nos.6, 9 & 24 in survey Nos.91/2 and 100/A1 & C1 of the said village for the purpose of this writ petition is concerned. As already the resumption proceedings were issued by the 4th respondent dated 28.01.2020 with respect to the vacant plots as detailed above, including the petitioner’s plots, as claimed by them and in view of placing of the major portion of the land under the prohibitory list as detailed above, no relief can be granted in this writ petition. However, if the petitioners are aggrieved of the resumption proceedings of the 4th respondent dated 28.01.2020, if any, it is open for them to assail the same in accordance with law, if so advised. 9. Accordingly, the Writ Petition is dismissed. 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 06.10.2025 MDP