APHC010134962020 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8116/2020 Between: 1. MADEY JONAS VIJI RAJ, S/O MADEY VIJAY SUNDAR, AGED ABOUT 46 YEARS, OCC AGRICULTURE, RESIDENT OF DOOR NO. 2-48, DESAPATRUNIPALEM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT(M) DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, , VISAKHAPATNA VISAKHAPATNAM DISTRICT. 4. THE SPECIAL DEPUTY COLLECTOR LA, VMRDA LAND POOLING DEPARTMENT, 0/O DISTRICT COLLECTORATE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE TAHASILDAR, PARAWADA MANDAL, VISAKHAPATNAM DISTRICT. 6. THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA, REPRESENTED BY LS COMMISSIONER, UDYOG BHAVAN, SIRIPURAM, VISAKHAPATNAM, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8116/2020 MADEY JONAS VIJI RAJ, S/O MADEY VIJAY SUNDAR, AGED ABOUT 46 YEARS, OCC AGRICULTURE, RESIDENT OF DOOR NO. 48, DESAPATRUNIPALEM VILLAGE AND MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT(M) DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. THE REVENUE DIVISIONAL OFFICER, , VISAKHAPATNA VISAKHAPATNAM DISTRICT. THE SPECIAL DEPUTY COLLECTOR LA, VMRDA LAND POOLING DEPARTMENT, 0/O DISTRICT COLLECTORATE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. THE TAHASILDAR, PARAWADA MANDAL, VISAKHAPATNAM THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA, REPRESENTED BY LS COMMISSIONER, UDYOG BHAVAN, SIRIPURAM, VISAKHAPATNAM, IN THE HIGH COURT OF ANDHRA PRADESH [3233] TUESDAY, THE FOURTEENTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN MADEY JONAS VIJI RAJ, S/O MADEY VIJAY SUNDAR, AGED ABOUT 46 YEARS, OCC AGRICULTURE, RESIDENT OF DOOR NO. 48, DESAPATRUNIPALEM VILLAGE AND MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT(M) DEPARTMENT, SECRETARIAT OF A.P., THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, THE REVENUE DIVISIONAL OFFICER, , VISAKHAPATNAM, THE SPECIAL DEPUTY COLLECTOR LA, VMRDA LAND POOLING DEPARTMENT, 0/O DISTRICT COLLECTORATE, VISAKHAPATNAM, THE TAHASILDAR, PARAWADA MANDAL, VISAKHAPATNAM THE VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY VMRDA, REPRESENTED BY LS COMMISSIONER, UDYOG BHAVAN, SIRIPURAM, VISAKHAPATNAM, 2 BKM,J W.P.No.8116 of 2020 VISAKHAPATNAM DISTRICT. 7. THE VILLAGE REVENUE OFFICER, DESAPATRUNIPALEM VILLAGE, 0/O THE TAHASILDAR, PARAWADA MANDAL, VISAKHAPATNAM 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 topleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the re3pondents 2 to 7 in interfering with petitioner's lands situated in an extent of Ac 1.65 cents in Sy.No. 187/2 of Desapatrunipalem Village, Parwada Mandal, Visakhapatnam District assigned to petitioner's father who was an Ex-Serviceman, for the purpose of Land Pooling and for allotting house sites to poor persons under Navaratnalu Programme without issuing notice, without petitioner's consent and without considering his objections dt 12.03.2020 as being illegal, arbitrary and violativ,2 of Art 14 and 21 of Constitution of India and opposed to principl.s of Natural Justice and against the spirit of G.O.Ms No. 72 Municipal Administration and Development (M) Department dt 25.01.2020 and pass IA NO: 1 OF 2020 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 issue interim orders directing the respondents not to allot house sites in petitioners land to an extent of Ac.1.65 cents in Sy.No.187/2 of Desapatrunipalem Village, Parwada Mandal, Visakhapatnam District, pending disposal of the above writ petition and pass IA NO: 2 OF 2020 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 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 Pleased to receive photographs as additional document in the above writ petition and pass 3 BKM,J W.P.No.8116 of 2020 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 vacate the interim orders dated.17.06.2022 in IA No.1 of 2022 in WP No.8116 of 2020 and dismiss the writ petition and to pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR LAND ACQUISITION (AP) 4 BKM,J W.P.No.8116 of 2020 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 respondent Nos.2 to 7 in interfering with the petitioner’s lands to an extent of Ac.1.65 cents in survey No.187/2 of Desapatrunipalem Village, Parwada Mandal, Viskhapatnam District assigned to the petitioner’s father, who was an Ex-Serviceman, for the purpose of land pooling and for allotting house sites to the poor persons under Navaratnalu Program, without issuing notice, without petitioner’s consent and without considering his objections dated 12.03.2020. 3. The learned counsel for the petitioner submits that the petitioner’s father was given D-form patta by the 5th respondent dated 29.06.1993 with respect to the subject land to an extent of Ac.1.65 cents in survey No.187/2 along with the other piece of land to an extent of Ac.3.52 cents in survey No.365/2. The Form 1-B (ROR) copy dated 17.03.2020 discloses the name of the father of the petitioner for an extent of Ac.1.65 cents in survey No.187-2. Similarly, the pahani copy dated 30.01.2014 discloses the name of the father of the petitioner for an extent of Ac.1.65 cents in survey No.187-2. Except these documents, the petitioner has no other documents including the pattadar pass book and title deeds either in favour of the petitioner or his father with respect to the subject land. 5 BKM,J W.P.No.8116 of 2020 4. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 5th respondent, submits that originally the land to an extent of Ac.1.75 cents in survey No.187/2 was assigned to one Sri Lakkaraju Venkatravu, son of Pedasomunaidu and the land to an extent of Ac.3.52 cents in survey No.365/2 was assigned to one Sri Matturthi Sundararao under the landless poor category. No assignment was granted to the father of the petitioner at any point of time. Either the writ petitioner or his father was never in possession and enjoyment of the subject land and their names are not recorded in the village account No.3, even as encroachers. Initially, the land in survey No.187/2 was proposed under the land pooling scheme for providing house sites to houseless poor under the welfare scheme of the State. But, subsequently, the subject land was excluded from the land pooling scheme. The fake and fabricated documents were created for the purpose of grabbing the Government land, without any manner of right. The copy of the settlement adangal filed by the 5th respondent discloses that the survey No.187 is an assignment based land and the settlement showing patta holders of the said village discloses the name of one Sri Lakkaraju Venkatravu for an extent of Ac.1.75 cents in survey No.187. 5. In reply, the learned counsel for the petitioner submits that the Form 1-B (ROR) copy dated 28.02.2023 discloses the name of the petitioner for the subject land to an extent of Ac.1.65 cents in survey No.187-2. 6 BKM,J W.P.No.8116 of 2020 6. In view of the above said facts and circumstances, as the subject land to an extent of Ac.1.65 cents in survey No.187/2 of Desapatrunipalem Village, Parwada Mandal, Viskhapatnam District, was not utilized for the above said public purpose of housing scheme, the respondent Nos.2 to 7 are directed to deal with the subject land strictly in accordance with law, if so warranted for any public purpose. If the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law by hearing all the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits. Any dispossession shall not be made from the subject land except by following the due process of law. Since it is stated that the subject land is a vacant land, it shall be protected by all means by the above said respondents, preventing encroachers. 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 14.10.2025 MDP