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2025 DAILYLAW 56947 (AP)

Sirigoli/ Buradagunta Jospeela, v. State of Andhra Pradesh,

WP/8627/2020 · 2025-09-17

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010142732020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8627/2020 Between: 1. SIRIGOLI/ BURADAGUNTA JOSPEELA,, W/O B. KRANTHI RAVI KIRAN AGED ABOUT 41 YEARS, OCCILLOUSE WIFE, R/O. H.NO. 15-83, NEAR GANDHI STATUE, SANIVARAPUPETA, ELURU, WEST GODAVARI DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT REP. BY ITS SECRETARY 2. THE DISTRICT COLLECTOR, .WEST GODAVARI DISTRICT AT ELURU 3. THE REVENUE DIVISIONAL OFFICER, ELURU SUB DIVISION AT ELURU, WEST GODAVARI DISTRICT 4. THE TAHSILDAR, PEDAVEGI MANDAL, I WEST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 2 1. GP FOR REVENUE (AP) The Court made the following: 3 Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos. 2 to 4 herein in proposing to provide house sites to the weaker sections under the Navaratnalu – Pedalandariki Illu scheme in the petitioner’s land situated in Sy.No.37/8 to an extent of Ac.4.26 cents and Sy.No.37/9 to an extent of Ac.0.74 cents, in total an extent of Ac.5.00 cents, of Muthanaveedu Revenue Village, Vijayarai Gram Panchayat, Pedavegi Mandal, West Godavari District, without issuing any notice, without initiating the proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013), and without following the due process of law. 3. On the other hand, the learned Assistant Government Pleader, relying upon the counter of the 4th respondent, submits that the subject land is a Quarry Poramboke vested with the Government. 4. In reply, the learned counsel for the petitioner submits that the 2nd respondent issued proceedings dated 24.02.2011 converting the said land to an extent of Ac.38.70 cents in R.S.No.37 (Quarry Poramboke) of Muthanaveedu, H/o Vijayarai Village of Pedavegi Mandal, West Godavari District, by converting the A.W.D. for regularization of assignment pattas during the crash programme. The learned counsel for the petitioner also 4 brings to the notice of this Court that a D-Form Patta was issued dated 11.10.2007 to an extent of Ac.5.00 cents in Sy.No.37/8 and 37/9, in total Ac.5.00 cents. 5. The learned Assistant Government Pleader further submits that the subject land is not used for the above said public purpose. 6. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject property strictly in accordance with law if so warranted for any public purpose and if the petitioner is otherwise found to be in possession of the same, he shall be dealt with strictly in accordance with law, giving due opportunity of hearing to all the parties concerned including the petitioner, upon verification of the records and the subject land appropriate decision shall be taken on its own merits. Any dispossession from the subject land shall not be made except by following the due process of law. It is also open for the petitioner, on the subsisting cause of action, if any, to make a representation to the authorities concerned and if so, the same shall be dealt with strictly in accordance with law. 7. Accordingly, this Writ Petition is disposed of. Interim orders, if any, stands vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.09.2025 PNS 5