APHC010031012022 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2158/2022 Between: 1. P. SHAKUNTHALAMMA, , W/O. P. ASWARTHANARAYANA, AGED ABOUT 75 YEARS, OCC COLONY, DHARMAVARAM TOWN AND MANDAL, ANANTAPURAMU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPURAMU AT ANANTAPURAMU. 3. THE REVENUVE DIVISIONAL OFFICER, DHARMAVARAM MANDAL, DHARMAVARAM. 4. THE MANDAL REVENUVE OFFICER, DHARMAVARAM MANDAL, DHARMAVARAM. 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 topleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents in passing unilateral resumption orders vide proceedings Rc. No. C/233/2017, dated 20 11-2017 and unilaterally deleting the name of th IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2158/2022 P. SHAKUNTHALAMMA, , W/O. P. ASWARTHANARAYANA, AGED ABOUT 75 YEARS, OCC- AGRICULTURE, R/O. D.NO. 15 COLONY, DHARMAVARAM TOWN AND MANDAL, ANANTAPURAMU DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANANTAPURAMU AT THE REVENUVE DIVISIONAL OFFICER, DHARMAVARAM MANDAL, EVENUVE OFFICER, DHARMAVARAM 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 to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents in passing unilateral resumption orders vide proceedings Rc. No. C/233/2017, dated 20 2017 and unilaterally deleting the name of the petitioner in respect of land IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE EIGHTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN P. SHAKUNTHALAMMA, , W/O. P. ASWARTHANARAYANA, AGED AGRICULTURE, R/O. D.NO. 15-79, SBI COLONY, DHARMAVARAM TOWN AND MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (LAND ACQUISITION) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, ANANTAPURAMU AT THE REVENUVE DIVISIONAL OFFICER, DHARMAVARAM MANDAL, EVENUVE OFFICER, DHARMAVARAM 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 to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents in passing unilateral resumption orders vide proceedings Rc. No. C/233/2017, dated 20- e petitioner in respect of land 2 BKM,J W.P.No.2158 of 2022 admeasuring Ac. 5.00 cents in Sy. No. 423-1A, Kunutur Village, Dharmavaram Mandal, Anantaptu. -District from Webland Register without issuing any notice and without conducting any enquiry and trying to disposes the Petitioner from his Land for allotting to Poor Persons under Navaratnalu Scheme as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents to restore the name of the petitioner in respect of his land in webland Register and issue 1-B Adangals and pahanies to the said land and not to Dispossess the Petitioner 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 pleased to Direct the Respondents not to Dispossess the Petitioner from his land admeasuring Ac. 5.00 Cents in Sy.No. 423-1A, Kunutur Village, Dharmavaram Mandal, Anantapur District by suspending the orders vide Rc.No. C/233/2017, dated 20-11-2017 and to pass and pass Counsel for the Petitioner: 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.2158 of 2022 The Court made the following ORDER: Heard the learned counsel for the petitioner 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 passing unilateral resumption orders vide proceedings Rc.No.C/233/2017, dated 20.11.2017 and unilaterally deleting the name of the petitioner in respect of the land admeasuring Ac. 5.00 cents in survey No.423-1A, Kunuthuru Village, Dharmavaram Mandal, Anantapur District, from Webland Register, without issuing any notice and without conducting any enquiry and trying to dispossess the petitioner from her land for allotting to poor persons under “Navaratnalu Scheme”. 3. The learned counsel for the petitioner submits that the 4th respondent issued the resumption orders in respect of survey No.423 to an extent of Ac.71.70 cents situated in Kunuthuru Village, Dharmavaram Mandal, in the matter of construction of houses under the welfare scheme by the Municipal Commissioner, Dharmavaram, as he was requested to provide Ac.80.00 cents of the vacant land from various villages in Dharmavaram Mandal. 4. According to the said impugned order dated 20.11.2017, Indira Priyadarshini SC/STs huts dwellers’ Association, Dharmavaram, have requested the Bhoodhan Board, Hyderabad, for providing house site pattas to the poor people belonging to SC/ST categories in survey No.423 to an extent of Ac.71.70 cents of Kunuthuru Village of Dharmavaram Mandal. The Andhra 4 BKM,J W.P.No.2158 of 2022 Pradesh Boodhan Yagna Board, Hyderabad, vide orders dated 30.09.1995, has ordered the Tahsildar, Dharmavaram, to provide house site pattas to 829 SC/ST beneficiaries to an extent of Ac.0.03 cents each in survey No.423 for a total extent of Ac.64.20 cents in Kunuthuru Village, Dharmavaram Mandal. Accordingly, the then Tahsildar issued house site pattas to 829 SC/ST beneficiaries of various Mandals in the year 2002 with a condition to construct houses, as per the assignment conditions dated 18.02.2002, whereas the Municipal Commissioner, Dharmavaram, vide his letter in Rc.No.595/2016/G, requested to provide Ac.80.00 cents of land to accommodate 8,832 beneficiaries under AHP (Affordable Housing in Partnership) of housing for all PMAY scheme to execute the work by the APTIDCO (Andhra Pradesh Town Infrastructure Development Corporation). In view of the said request made by the Municipal Commissioner, the Mandal Surveyor and the Mandal Revenue Inspector and the concerned Village Revenue Officers inspected the following lands and identified as suitable lands for construction of houses under AHP (Affordable Housing Partnership): S.No. Name of the Village Sy.No. Total Extent as per diglot Extent suitable for AHP (Approximately) Remarks 1 Kunuthuru 423 71.70 60.00 Bhoodan lands house sites allotted to SC/ST beneficiaries with permission of Bhoodan Board, Hyderabad. 2 560-4 6.97 5.00 Government lands 3 Regatipalli 352-2 5.56 5.56 4 353 9.44 9.44 Total: 80.00 5 BKM,J W.P.No.2158 of 2022 5. The 4th respondent inspected the above said lands along with the other revenue officials and found that the beneficiaries who were granted house site pattas according to the orders of the Bhoodhan Yagna Board, Hyderabad, have not constructed houses as per the assignment conditions, even after lapse of nearly 15 years and kept vacant, which was covered by thorny bushes in survey No.423 to an extent of Ac.64.20 cents out of Ac.71.70 cents of Kunuthuru Village of Dharmavaram Mandal. The general notice dated 20.10.2017 was published, calling for the explanation from the beneficiaries for not constructing the houses, as per the assignment conditions. The said general notice was published in the notice board of Offices of Tahsildar, Dharmavaram, MPDO, Dharmavaram, Station House Office, Urban Police Station, Dharmavaram, Sub-Inspector of Police, Rural Police Station, Dharmavaram, Sub-Registrar, Dharmavaram, as they are residing in various Mandals. No beneficiary has given any explanation for the said general notice. In view of the same, vide the letter of the Revenue Divisional Officer, Dharmavaram, dated 07.11.2017 & 16.11.2017, directed to identify the extent of Ac. 80.00 cents of the land for AHP housing for all PMAY scheme to execute the work by APTIDCO and further directed to resume the lands to the Government and hand over the same to the Municipal Commissioner, Dharmavaram, in survey No.423 (bhoodan land) to an extent of Ac.60.00 cents of Kunuthuru Village by following the due procedure. Accordingly, the land to an extent of Ac. 64.20 cents of Kunuthuru Village of Dharmavaram, in survey No.423 was resumed to the Government as the beneficiaries violated 6 BKM,J W.P.No.2158 of 2022 the conditions of assignment of house site patta for onward handing over the land to an extent of Ac.60.00 cents out of Ac.64.20 cents to the Municipal Commissioner, Dharmavaram, under AHP (Affordable Housing Partnership). 6. The impugned order of the 4th respondent dated 20.11.2017 further says that the affected individual beneficiary may appeal before the Revenue Divisional Officer, Dharmavaram, within 30 days. 7. The learned counsel for the petitioner submits that there was a proceedings of the Tahsildar, Dharmavaram, dated 24.01.1980, granting patta under Rule II(i) of the Rules to an extent of Ac.5.00 cents dry land in survey No.423-1A situated in Kunuthuru Village, Dharmavaram Mandal, Anantapur District. The petitioner was given earlier a pattadar passbook for patta No.1950 for an extent of Ac.5.00 cents in survey No.423-1A. 8. On the other hand, the learned Assistant Government appearing for the respondents, relying upon the instructions of the 4th respondent, dated 23.09.2025 submits that all the D-pattas issued previously in survey No.423 to an extent of Ac.64.10 cents for agricultural purposes were cancelled by the Boodhan Yagna Board and accordingly, the said D-pattas were cancelled. As such, it is clear that all allotment made for agricultural purposes were cancelled and accordingly, the land in an extent of Ac.5.00 cents in survey No.423-1A of Kunuthuru Village was also cancelled. Earlier 829 house site pattas were granted to SC/ST beneficiaries in the year 2002 in respect of the land in survey No.423 to an extent of Ac.64.10 cents. On violation of 7 BKM,J W.P.No.2158 of 2022 assignment of house site patta conditions all the house site pattas were cancelled and the land to an extent of Ac.64.10 cents in survey No.423 was resumed to the Government vide proceedings of the Tahsildar dated 20.11.2017 for allotment of the same to the AHP (Affordable Housing Partnership) for all PMAY scheme to execute the work by APTIDCO and the said land was handed over to the Municipal Commissioner, Dharmavaram. In compliance to the orders of this Court, the said property to an extent of Ac.5.00 cents in survey No.423-1A of Kunuthuru Village, Dharmavaram Mandal, was kept vacant and no development was made by maintaining status quo till date. 9. In view of the above said facts and circumstances, if the petitioner is aggrieved of the resumption orders passed by the 4th respondent dated 20.11.2017, liberty is given to the petitioner to prefer an appeal before the 3rd respondent/appropriate authority concerned enclosing all the necessary documents in support of her claim within a period of eight (8) weeks from the date of receipt of this order. On receipt of the same, the appeal of the petitioner shall be considered and disposed of by the 3rd respondent, strictly in accordance with law by hearing all the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably, within a period of four (4) months thereafter. Since, from the instructions of the 4th respondent, dated 23.09.2025, it is evident that status quo is being maintained with respect to the 8 BKM,J W.P.No.2158 of 2022 subject land to an extent of Ac. 5.00 cents in survey No.423-1A of Kunuthuru Village, Dharmavaram Mandal, the same arrangement shall be continued by maintaining status quo as on today with respect to the subject land, pending the appeal that is going to be filed, as directed above, before the appellate authority. In default of preferring an appeal, as per the above said direction, status quo with respect to the subject land is deemed to have been vacated. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.10.2025 MDP