IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAJI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF AP TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9270 OF 2025 Between: Katuri Venkata Rao, S/o. Ramanna, aged about 63 years, R/o.D.No.1-65/1, Garagaparru village, PalakoderuMandal, West Godavari District, now at Bhimavaram, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, rep.by its Principle Secretary, Revenue Department, 4th Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, rep.by its Principle Secretary, Irrigation Department, 4th Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The District Collector, West Godavari, West Godavari District, Andhra Pradesh. 4. The Revenue Divisional Officer, Bhimavaram Town, West Godavari District, Andhra Pradesh. 5. The Tahsildar, PalakoderuMandal, West Godavari District, Andhra Pradesh. 6. The Executive Engineer, Irrigation Department, Western Division, Settipeta, Nidadvolu, East Godavari District, Andhra Pradesh. 7. The Assistant Executive Engineer, Irrigation Department, Western Division, Settipeta, Nidadvolu, East Godavari District, Andhra Pradesh. ...RESPONDENTS 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 particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in not granting patta to the petitioner under the Ex- Military servicemen quota in respect of land situated in Survey No. 313 admeasuring to an extent Ac. 2.50 cents or any other available land located in Gollalakoderu Village, Palakoderu, West Godavari District, despite the petitioner has made application dated 16.03.2015 in accordance with the procedure enshrined in G.O.Ms.No.743 dated 30.04.1963 and made representations dated 27.02.2025 in view of his entitlement as illegal, unjust, arbitrary and amounts to infringement of his Fundamental Rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent no.5 to grant patta to the petitioner under the Ex- Servicemen quota in respect of land situated in Survey No. 313 admeasuring to an extent Ac. 2.50 cents located in Gollalakoderu Village, Palakoderu, West Godavari District or any other suitable land considering the representation of the petitioner dated 27.02.2025. an lA NO: 1 OF 2025 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 representation of the petitioner dated 27.02.2025 and pass order or orders in accordance with law pending disposal of the above writ petition. Counsel for the Petitioner: SMT. KOTA KRISHNA DEEPTHI Counsel for the Respondent Nos. 1, 3, 4 & 5: GP FOR REVENUE Counsel for the Respondent Nos. 2, 6 & 7: GP FOR IRRI & CAD The Court made the following: ORDER APHC010173732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 [3329] THURSDAY JHE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9270/2025 Between: ...PETITIONER Katuri Venkata Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. KOTA KRISHNA DEEPTHI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9270/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: "to issue a Writ, Order or direction particularly one In the nature of Writ of Mandamus declaring the action of respondent authorities in not granting patta to the petitioner under the Ex- Military servicemen quota in respect of land situated in Survey No.313 admeasuring to an extent Ac.2.50 cents or any other available land located In Gollalakoderu Village, Palakoderu, West Godavari District despite the petitioner has made an application dated 16.03.2015 in accordance with the procedure enshrined in G.O.Ms.No.743 dated 30.04.1963 and made representations dated 27.02.2025 in view of his entitlement as Illegal, unjust, arbitrary and amounts to infringement of his Fundamental Rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent No. 5 to grant patta to the petitioner under the Ex-Servicemen quota In respect of land situated In Survey No.313 admeasuring to an extent Ac.2.50 cents located in Gollalakoderu Village, Palakoderu, West Godavari District or any other suitable land considering the representation of the petitioner dated 27.02.2025 and to pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Learned counsel for the petitioner submits that the petitioner herein is 3. an Ex-Military Service man, who worked as a driver. After his retirement, the petitioner herein identified the land admeasuring to an extent of Ac.3.50 cents in R.S.No.313 situated at Gollalakoderu Village, Palakoderu Mandal Godavari District belonging to Government. For which, the petitioner herein submitted a detailed representation to the Tahsildar, Palakoderu/ West respondent No.5 herein requesting to assign the same to the petitioner herein under Ex- Serviceman quota as per the terms of assignment as envisaged under law. Pursuant to the same, the respondent No.5 issued an endorsement dated 09.06.2015 stating that the said land belongs to Irrigation department and the said representation was forwarded to respondent No.6 for further action. necessary 4. Learned counsel for the petitioner further submits that pursuant to the representations, the Assistant Engineer, Irrigation Department, Yandigandi Section sent a letter dated 07.08.2016 to the petitioner stating that there surplus land available with the said department for issuance of pattas and that too the land in question has been in a litigation vide W.P.No.10177 of 2016, which is still pending before this Court. He further submits that as per the information received from the RTI, the subject land is purely a Government land. For which, the petitioner herein again submitted a representation dated 27.02.2025 seeking respondent authorities to assign the subject land to the petitioner by way of patta under Ex-military quota or any other alternate land available with the respondents. Even after receipt of the said representation, the respondents neither considered the same nor issued any proceedings. Hence, the writ petition. IS no On the other hand, learned Government Pleader for the respondents 5. furnished written instructions dated 03.04.2025 issued by respondent No.5 wherein, the relevant portion of the said instructions is extracted hereunder: “/ submit that, there is no surplus land or vacant Government In Palacoderu Mandal. One Sri K.Satyanarayana Raju S/o. Gopala Raju, resident of Gollalacoderu Village, Palacoderu Mandal has unauthorized occupied an extent of Ac. 1.85 cents, in R.S.N0.313/2A \A/hich is classified in Revenue Accounts as Murugu Kalva Poramboke i.e., v\/ater body is highly objectionable. Originally the land of Ac. 45.95 cents In R.S.No.313/2A of Gollalacoderu Village, Palacoderu Mandal is classified as Murugu Kalva Poramboke as per the Revenue Settlement Register (RSR). This land lies between the old course of the Yanamaduru Drain and the new Yanamaduru Drain and is essential for the maintenance and development of the drainage system. I submit that, the then Tahsildars and also present Tahsildar, Palacoderu Mandal has issued eviction notice under Section 7 and Section 6 of the land Encroachment Act, 1905 to the unauthorized/ illegal occupier of the irrigation/ drainage land. The said encroacher has filed W.P.No.10177 of 2016 In the Hon’ble High Court of Andhra Pradesh, Amaravathi. This issue of land in R.S.N0.313/2A of Gollalcoderu Village, Palacoderu Is under sub- judice. 6. On perusal of the said instructions, it is evident that there is no surplus or vacant Government land in Palacoderu Mandal for grant of assignment in favour of the petitioner. Regarding the land in dispute, since a writ petition is pending before this Court, only after passing of final orders by this Court, necessary action will be taken as per the final orders. 7. In reply, learned counsel for the petitioner submits that in view of inability expressed by the respondents for alienating the subject land by way of patta in favour of the petitioner, the petitioner herein is requesting for issuance of patta in respect of an alternate land available with them. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the representation dated 27.02.2025 submitted by the petitioner and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, within a period of two (02) months from the date of receipt 8. of a copy of this order. With the above direction, the writ petition is disposed of. There shall be 9. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Principal Secretary, Irrigation Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 3. The District Collector, West Godavari, West Godavari District, Andhra Pradesh. 4. The Revenue Divisional Officer, Bhimavaram Town, West Godavari nictrir't An<-lhrr» % 5. The Tahsildar, Palakoderu Mandal, West Godavari District, Andhra Pradesh. 6. The Executive Engineer, Irrigation Department, Western Division, Settipeta, Nidadvolu, East Godavari District, Andhra Pradesh. 7. The Assistant Executive Engineer, Irrigation Department, Western Division, Settipeta, Nidadvolu, East Godavari District, Andhra Pradesh. 8. One CC to Sri Kota Krishna Deepthi Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Irri & CAD, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF HIGH COURT DATED:24/04/2025 ORDER WP.No.9270 of 2025 ^ 2iSFP 2025 n ^ . Current Section «o DISPOSING OF THE W.P., WITHOUT COSTS