APHC010126732021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7432/2021 Between: 1. GADI RAMA KRISHNA REDDY, S/O.LATE VENKATA REDDY, AGED 40 YEARS, OCC. CULTIVATION AND SERVICE, R/O. NAGULAGUDEM VILLAGE, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT. 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 3. TAHSILDAR, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT. 4. DISTRICT PANCHAYAT OF ELURU. 5. NAGULAGUDEM GRAM PANCHAYAT, REP.BY ITS EXECUTIVE AUTHORITY-CUM- VILLAGE, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT. 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: 7432/2021 GADI RAMA KRISHNA REDDY, S/O.LATE VENKATA REDDY, AGED 40 YEARS, OCC. CULTIVATION AND SERVICE, R/O. NAGULAGUDEM VILLAGE, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. TAHSILDAR, JANGAREDDIGUDEM MANDAL, WEST GODAVARI DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT AT NAGULAGUDEM GRAM PANCHAYAT, REP.BY ITS EXECUTIVE - PANCHAYAT SECRETARY, NAGULAGUDEM VILLAGE, JANGAREDDIGUDEM MANDAL, WEST GODAVARI ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN GADI RAMA KRISHNA REDDY, S/O.LATE VENKATA REDDY, AGED 40 YEARS, OCC. CULTIVATION AND SERVICE, R/O. NAGULAGUDEM VILLAGE, JANGAREDDIGUDEM MANDAL, WEST ...PETITIONER STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. TAHSILDAR, JANGAREDDIGUDEM MANDAL, WEST GODAVARI FICER, WEST GODAVARI DISTRICT AT NAGULAGUDEM GRAM PANCHAYAT, REP.BY ITS EXECUTIVE PANCHAYAT SECRETARY, NAGULAGUDEM VILLAGE, JANGAREDDIGUDEM MANDAL, WEST GODAVARI ...RESPONDENT(S): 2 BKM,J W.P.No.7432 of 2021 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in R.Dis.E2/e- 1732-18212020, dt. 04.03.2020 issued by the 2nd respondent and also resolution No.42, dated 17.02.2020 issued by 5th respondent, thereby changing classification of Donka Land (Passage) connected to land of Ac. 0.68 Cents in Survey No. 439 and Ac. 1.10 Cents in Survey No. 440 of Guravayagudem Revenue village in Jangareddigudem Mandal of West Godavari District for granting the same as house sites under Navaratnalu Pedalandarikilu Scheme and sub-divisions thereof, as illegal, irregular, irrational, without any authority of law and violative of provisions of BSO 15 of The Andhra Pradesh Board of Revenue Standing Orders Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to protect the Donka land (Passage) without assigning the same as house sites in favour of third parties 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 suspend the operation of orders in proceedings in R.Dis.E2/e-1732-182/2020, dt. 04.03.2020 issued by the 2nd respondent and also resolution No.42, dated 17.02.2020 issued by 5th respondent and consequently direct the respondents not to grant house site assignments in favour of third parties on - Donka Land" (Passage) connected land of Ac. 0.68 Cents in Survey No. 439 and Ac. 1.10 Cents in Survey No. 440 of Guravayagudem Revenue village in Jangareddigudem Mandal of West Godavari District, pending disposal of the main Writ Petition and pass IA NO: 1 OF 2023 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 receive Reply Affidavit on record by allowing the Leave Petition in the above Writ Petition and pass IA NO: 2 OF 2023 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 3 BKM,J W.P.No.7432 of 2021 pleased to receive Award copy dt.10.07.2021 in W.P. No.7124 of 2018 as additional documents, being filed herewith in WP No. 7432 of 2021 in the interests of justice and to pass IA NO: 3 OF 2023 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 grant leave to the petitioner herein/Respondent No.3 in the WP.No. 7432 of 2021 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4 BKM,J W.P.No.7432 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 and the learned Standing Counsel appearing for the 5th respondent. 2. This writ petition was filed questioning the action of the 2nd respondent in issuing the proceedings in R.Dis.No.E2/e-1732-182/2020 dated 04.03.2020 and also the action of the 5th respondent in issuing the resolution No.42 dated 17.02.2020, thereby changing classification of “Donka Land” (Passage) connected to land to an extent of Ac. 0.68 cents in survey No.439 and Ac.1.10 cents in survey No.440 of Guravayagudem Revenue Village in Jangareddigudem Mandal of West Godavari District for granting the same as house sites under “Navaratnalu Pedalandariki Illu Scheme”. 3. The learned counsel for the petitioner submits that the representations of the petitioner dated 18.08.2015 and 05.10.2015 are not considered by the 5th respondent to remove the encroachments in the donka poramboke in survey Nos.439 & 440 of Guravayagudem Revenue Village in Jangareddigudem Mandal of West Godavari District, as it is only the access to his agricultural land. 4. On the other hand, the learned Standing Counsel appearing for the 5th respondent submits that, if the petitioner makes fresh representation, the same will be considered by the authorities concerned, following the due procedure. 5 BKM,J W.P.No.7432 of 2021 5. The learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 also makes the same submission. 6. In view of the above said facts and circumstances, if the representations of the petitioner dated 18.08.2015 & 05.10.2015 as claimed, if not already disposed of by now, the petitioner is permitted to give the fresh representation to the respondent Nos.2 to 5, enclosing all the necessary documents in support of his claim, for the above said relief of removal of encroachments, if any, in the donka poramboke of survey Nos.439 & 440 of Guravayagudem Revenue Village in Jangareddigudem Mandal of West Godavari District, within a period of four (4) weeks from the date of receipt of this order. On receipt of such representation, the respondent Nos.2 to 5 are directed to consider and dispose of the same including the earlier pending representations if any, strictly in accordance with law by hearing all the parties concerned including the petitioner and the encroachers, if any and 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 months, thereafter. 7. Accordingly, the Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 6 BKM,J W.P.No.7432 of 2021 As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 06.10.2025 MDP