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2025 DAILYLAW 57814 (AP)

BANDI GANGADHARA RAO v. THE STATE OF ANDHRA PRADESH

WP/28604/2025 · 2025-10-22

Tarlada Rajasekhar Rao

body2025

Judgment text

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0APHC010549542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28604/2025 Between: 1. BANDI GANGADHARA RAO, S/O B.VENKATA REDDY, AGED 62 YEARS, OCC. SMALL SCALE BUSINESS, RESIDENT OF D.NO.58-22-34/4, WARD NO.90, NEAR DAV SCHOOL, GOPALAPATNAM POST, VISAKHAPATNAM -530027. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTURU DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE TAHSILDAR, BHIMUNIPATNAM 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 to issue appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS by declaring the action of the respondents in not regularizing the house site patta to the petitioner admeasuring an extent of 244 Sq Yds with Door NO.6-1030-KNPII, China Mangamaripata Village initially by the Gram Panchayat and now by the GVMC Ward No.4. situated in Sy. No.314/Part in an Mangamaripeta, K.Nagarampalem Panchayat H/o Kapuluppada Village, Bhimunipatnam Mandal, Visakhapatnam District and apart from trying to evict the petitioner from the house site as illegal, arbitrary, violation of erstwhile Hon’ble court orders passed in WP No. 9428/2011 dated.08.04.2011 filed by the petitioner and against Articles 14 and 21 of the Constitution of India and consequently direct the respondents to regularize the house site in favor of the petitioner by implementing said Hon’ble Court orders, as 2 per the present regularization scheme of 2025 brought under G.O.Ms.No.30 Revenue (Lands) Department Dt. 29-01-2025 and pass IA NO: 1 OF 2025 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 direct the respondents not to interfere with peaceful possession of the petitioner in an extent of 244 Sq Yds with Door No.6-1030-KNPII, China Mangamaripata Village initially by the Gram Panchayat and now by the GVMC Ward No.4. situated in Sy. No.314/Part in Mangamaripeta, K.Nagarampalem Panchayat H/o Kapuluppada Village Bhimunipatnam Mandal, Visakhapatnam District and pass Counsel for the Petitioner: 1. HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 28604 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the house site patta to the petitioner admeasuring an extent of 244 Sq Yds with Door No.6-1030-KNPII, China Mangamaripata Village initially by the Gram Panchayat and now by the GVMC Ward No.4. situated in Sy.No.314/Part in an Mangamaripeta, K.Nagarampalem Panchayat H/o.Kapuluppada Village, Bhimunipatnam Mandal, Visakhapatnam District and apart from trying to evict the petitioner from the house site as illegal, arbitrary, violation of erstwhile Hon’ble Court orders passed in WP No.9428/2011 dated 08.04.2011 filed by the petitioner and against Articles 14 and 21 of the Constitution of India and consequently direct the respondents to regularize the house site in favor of the petitioner by implementing said Hon’ble Court orders, as per the present regularization scheme of 2025 brought under G.O.Ms.No.30 Revenue (Lands) Department Dt. 29-01-2025 and to pass such other order or orders as this Hon’ble Court may deems just and proper in the facts and circumstances of the case to meet the ends of justice.” 2. The case of the petitioner is that the petitioner herein has submitted an application along with all necessary documents with a request for regularization of the occupation of house site land admeasuring 244 square yards in Sy.No.314/P in Mangamaripeta, H/o.Kapuluppada Village, Bhimunipatnam Mandal, Visakhapatnam District. As the respondents have not considered the said application, the petitioner compelled to file W.P.No.9428 of 2011 and the composite High Court has disposed the said writ petition vide order, dated 08.04.2011, directing the petitioner to submit fresh set of all the 4 documents as required by the 3rd respondent for the purpose of regularization of his plot and in case the same are filed by the petitioner, the 2nd respondent therein was directed to dispose of the aforementioned application filed by the writ petitioner, in accordance with law, expeditiously, preferably within a period of four months thereafter. 3. 3. While the situation remained, the petitioner alleges that the respondents are threatening to dispossess the petitioner illegally from the aforesaid subject land. Hence, the petitioner has filed the present writ petition seeking a direction restraining the respondents from dispossessing the petitioner until the directive issued by erstwhile High Court of A.P. in W.P.No.9248 of 2011 dated 08.04.20211 is complied with. 4. The learned counsel for the petitioner would further submit that the petitioner submitted a representation, dated 29.09.2025 in this regard and the same is pending for consideration. 5. The learned Assistant Government Pleader placed the written instructions dated 22.10.2025 addressed by the 4th respondent/Tahsildar and it outlines that one Kothapalli Venkata Ramana filed W.P (PIL).No.191 of 2021 and the Hon’ble High Court granted status quo with regard to the land situated in Sy.No.314 at Mangamaripeta Village, H/o.Kapuluppada in Bheemunipatnam Taluk of Visakhapatnam, as indicated in G.O.Rt.No.627, Education (L), 5 Department, dated 02.05.1978 and the said writ petition is still pending for adjudication before this Court. As such, the request of the petitioner will be considered subject to the outcome of W.P (PIL).No.191 of 2021 and the eligibility criteria as prescribed under G.O.Ms.No.30 Revenue (Lands) Department dated 29.01.2025, will be adhered to. 6. In view of the above said assertions made in the written instructions dated 22.10.2025, this Court is inclined to dispose of this writ petition directing the respondents, pending such decision no precipitate order should be passed with regard to the subject property till the disposal of the application, dated 29.09.2025 of the petitioner by the respondents. 7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 23.10.2025 SPP 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:28604 of 2025 Date : 23.10.2025 SPP