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High Court of Andhra Pradesh · body

2025 DAILYLAW 56535 (AP)

M.Siva Shankaraiah, v. The State of Andhra Pradesh,

WP/26414/2021 · 2025-10-05

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010435632021 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 26414/2021 Between: 1. M.SIVA SHANKARAIAH,, S/O M.LAKSHMIPATHI, AGED ABOUT 50 YEARS, HINDU, OCC GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 2. M.MUNIRAJU,, S/O M.RAMAMURTHY, AGED ABOUT 45 YEARS, HINDU, OCC- CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 3. P.DINASEKHAR,, S/O P.SINAIAH, AGED ABOUT 41 YEARS, HINDU, OCC- CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 4. M.GEETHA,, W/O M.MURI KRISHNAIAH, AGED ABOUT 42 YEARS, HINDU, OCC- CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 5. C.RANJIT KUMAR,, S/O C.PAPI REDDY, AGED ABOUT 38 YEARS, HINDU, OCC- CULTIVATION GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 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: 26414/2021 M.SIVA SHANKARAIAH,, S/O M.LAKSHMIPATHI, AGED ABOUT 50 YEARS, HINDU, OCC- CULTIVATION, RIO DURGASAMUDRAM GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR M.MUNIRAJU,, S/O M.RAMAMURTHY, AGED ABOUT 45 YEARS, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, P.DINASEKHAR,, S/O P.SINAIAH, AGED ABOUT 41 YEARS, HINDU, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, M.GEETHA,, W/O M.MURI KRISHNAIAH, AGED ABOUT 42 YEARS, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, C.RANJIT KUMAR,, S/O C.PAPI REDDY, AGED ABOUT 38 YEARS, CULTIVATION, R/O D.NO. 1-98, DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR ...PETITIONER(S) AND IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN M.SIVA SHANKARAIAH,, S/O M.LAKSHMIPATHI, AGED ABOUT 50 CULTIVATION, RIO DURGASAMUDRAM GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR M.MUNIRAJU,, S/O M.RAMAMURTHY, AGED ABOUT 45 YEARS, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, P.DINASEKHAR,, S/O P.SINAIAH, AGED ABOUT 41 YEARS, HINDU, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT,TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, M.GEETHA,, W/O M.MURI KRISHNAIAH, AGED ABOUT 42 YEARS, CULTIVATION, R/O DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, C.RANJIT KUMAR,, S/O C.PAPI REDDY, AGED ABOUT 38 YEARS, 98, DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR ...PETITIONER(S) 2 BKM,J W.P.No.26414 of 2021 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BULDINGS, VELGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, A.P. 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, A.P. 4. THE TAHSILDAR, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. 5. THE TAHSILDAR, RAMACHANDRAPURAM MANDAL, CHITTOOR DISTRICT, A.P. 6. THE PANCHAYAT SECRETARY, DURGASAMUDRAM GRAM PANCHAYAT, TIRUPATI RURAL MANDAL, CHITTOOR DISTRICT, A.P. ...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 topleased to issue a writ, order or direction, more particularly one in the the nature of Writ of Mandamus declaring the action of the respondents, more particularly the respondents 4, 5 and 6 and their subordinates in taking steps to close the pond(Kunta) also called as Kummara Gunta situated in Sy. No. 14/3 admeasuring to an extent of Ac. 5.5800 Cents in Durgasamudram Grama Panchayat Village Accounts, Tirupati Rural Mandal, Chittoor District, A.P even though the 5th respondent is having no jurisdiction to do so for the purpose of issuing house site pattas to the persons who are followers of the local political leaders under Navaratnalu Scheme without any procedure as contemplated under law and without following due process of law, even inspite of issuing of legal notice to the respondents explaining the grievance and requesting not to close the pond(Kunta) also called as Kummara Gunta which is the water source to the Fields of near by farmer high handedly by using force under political pressure, as being illegal and arbitrary and violation of board standing orders apart from violation of Articles 14, 19, 21 of Constitution of India and established judicial precedents and consequently direct the respondents not to close the Pond(Kunta) also called as Kummara Gunta situated in Sy. No. 14/3 admeasuring to an extent of Ac. 5.5800 Cents in Durgasamudram Grama Panchayat Village Accounts, Tirupati Rural Mandal, Chittoor District, A.P for laying road or for distribution of the Gunta land under Navarathnalu Scheme as house site and to pass 3 BKM,J W.P.No.26414 of 2021 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 pleased to direct the respondents to refain themselves from doing any act with regard to Pond(Kunta) also called as Kummara Gunta situated in Sy. No. 1413 admeasuring to an extent of Ac. 5.5800 Cents in Durgasamudram Grama Panchayat Village Accounts, Tirupati Rural Mandal, Chittoor District, A.P for laying of road or for distribution of the Gunta land under Navarathnalu Scheme as house site till the disposal of the above writ petition 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 vacate the interim order granted on 12.11.2021 in W.P.No. 26414 of 2021 Counsel for the Petitioner(S): 1. V NITESH Counsel for the Respondent(S): 1. GP FOR REVENUE 4 BKM,J W.P.No.26414 of 2021 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the respondents, more particularly the respondent Nos.4, 5 & 6 and their subordinates in taking steps to close the pond (Kunta) also called as Kummara Gunta situated in survey No.14/3 admeasuring to an extent of Ac.5.5800 cents in Durgasamudram Grama Panchayat Village Accounts, Tirupati Rural Mandal, Chittoor District, Andhra Pradesh, even though the 5th respondent is having no jurisdiction to do so for the purpose of issuing house site pattas under Navaratnalu Scheme without any procedure as completed under law. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the subject land has not been identified for the purpose of distribution of the house sites. 4. In view of the same, no further orders are necessary in this writ petition. 5. Accordingly, the Writ Petition is disposed of. 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