APHC010620662022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 37175/2022 Between: 1. PATHAN DAWOOD KHAN, S/O LATE. PATHAN KHAN, AGED ABOUT 57 YEARS,OCC- CHIKEN SHOP BUSINESS, R/O. D.NO.1- 113, MUSLIM STREET, CHINNATHIPPASAMUDRAM VILLAGE, MADANAPALLE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BANGALORE ROAD, OPP. COURT COMPOUND, MADANAPALLE, ANNAMAYYA DISTRICT. 3. CHINNATIPPASAMUDRAMCTM, GRAMAPANCHAYAT REP. BY ITS EXECUTIVE OFFICER -CUM-SECRETARY, CHINNATIPPASAMUDRAM(CTM), ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the in action of Respondents 2 2 VS,J W.P.No.37175 of 2022 and 3 in alienation of land on market value in extent of an extent of 1530 sq. yards in favour of the petitioner which is in his posession and enjoyment for the past several decades situated in S.No.832, CTM Revenue Village, Madanapalle Mandal, Annamayya District in spite of several personal requests and representation dated 16-08-2022 and 18-08-2022 as illegal, improper, incorrect, arbitrary, un-constitutional and violation of Article 300-A of Constitution of India and also contrary to BSOs and to 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 to consider the Representations/applications dated 16-08-2022 86 18-08-2022 made seeking for alienation of land on market value in extent of an extent of 1530 sq. yards in favour of the petitioner which is in his possession and enjoyment for the past several decades situated in S.No.832, CTM Revenue Village, Madanapalle Mandal, Annamayya District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.37175 of 2022 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the in action of Respondents 2 and 3 in alienation of land on market value in extent of an extent of 1530 sq. yards in favour of the petitioner which is in his possession and enjoyment for the past several decades situated in S.No.832, CTM Revenue Village, Madanapalle Mandal, Annamayya District in spite of several personal requests and representation dated 16-08-2022 and 18-08-2022 as illegal, improper, incorrect, arbitrary, un-constitutional and violation of Article 300-A of Constitution of India and also contrary to BSOs ….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleaders for Irrigation and Revenue. 3. As per the docket order dated 13.02.2023, it appears that it was already brought to the notice of this Court by the learned Assistant Government Pleader for Revenue that the land claimed by the petitioner is classified as ‘Cheruvu Poramboke’ and cannot be allotted for alienation in any manner. It is further brought to the notice of this Court that the petitioner has already filed W.P.No.12201 of 2002 seeking similar relief, which was closed duly recording the submissions made by the learned Assistant Government Pleader that the survey number is classified as a water body and hence the question of consideration of the petitioner’s application for alienation of the land would not arise and accordingly, the application made by the petitioner was rejected vide endorsement dated 29.10.2021. 4 VS,J W.P.No.37175 of 2022 4. In view of the above, this Court is of the opinion that the petitioner is barred from filing another writ petition seeking similar relief, when this Court has already considered the request made by the petitioner and closed the said writ petition stating that nothing survives therein in view of the fact that the survey number claimed by the petitioner is classified as a water body. 5. In the result, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 15.10.2025 KGR