APHC010049382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2608/2025 Between: Mora Lakshmireddy ...PETITIONER AND The Principal Secretary ...RESPONDENT Counsel for the Petitioner: 1. BALA KRISHNA T Counsel for the Respondent: 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2608/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of respondent Nos.2 to 4 in proposing to grant house site pattas under the welfare scheme in the land which is classified as “Donka Poramboke” situated in an extent of Ac.1.14 cents in Sy.No.59 of Moravaripalli Village, Hanumanthunipadu mandal, Kanigiri, Prakasam District without any authority of law, without notice and without following due process of law, as illegal, arbitrary, unconstitutional and contrary to the principle of natural justice and consequently direct the respondent authorities to protect and maintain the said Donka Poramboke/Passage intact without assigning the same as House site and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the land admeasuring to an extent of Ac.7.76 cents in Sy.Nos.54 and 60 of Moravaripalli Vilage, Hanumanthunipadu Mandal, Prakasam District. Whereas, the land situated on the southern side of the petitioners’ land is classified as Donka land situated in Sy.No.59. The ryots of the said village are using the said Donka land for the purpose of ingress and egress to their agricultural lands. While things stood 3 thus, without showing any orders, the respondents are trying to assign the said Donka Land as house sites to the houseless poor persons. The petitioners also made a representation dated 21.01.2025 requesting the respondents not to assign the Donka Land as house sites. But the respondents did not consider the same. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents furnished the written instructions dated 01.02.2025, wherein it is stated as follows: “It is fact that the said Donka Poramboke situated in Sy.No.59 of H.M.Padu Village is way to fields situated in Sy.No.54 and Sy.No.60 which are belongs to the writ petitioners. If the lay-out formed in the said Sy.No.59, in the said layout 4-5 internal roads will be formed with the width of 20 feet. So, there is no problem to the writ petitioners to go to their fields, even though house sites layout formed in future.” 5. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions furnished by the learned Government Pleader for the respondents, it is observed that the land admeasuring to an extent of Ac.1.14 cents in Sy.No.59 of Moravaripalli Village is classified as Donka land. It is settled law once the land is classified or earmarked for a specific community purpose, without changing the nature of the land by the 4 competent authority by draft variation to change the land use it cannot be converted/changed/used for any other purpose, expect for the purpose for which it is meant for. Therefore, the respondents are directed not to change the nature of the land i.e., Ac.1.14 cents in Sy.No.59 of Moravaripalli Village, which is classified as Donka for any other purpose except for the purpose of pathway or cart-track. If the respondents intend to change the same, they shall follow due process of law. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.03.2025 TTPPSS 5 152 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2608 of 2025 25.03.2025 TTPPSS