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\ ^ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY/^ TWO THOUSAND AND TWENTY FIVE o tn PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3446 OF 2025 Between:
1. Mala Lakshmi, W/o. Huseni, aged 32 years, R/o. D. No. 5/220, Ternekal Village, Devanakonda Mandal, Kurnool District
2. M. Mounika, W/o. M. Saloman, aged 25 years, R/o. D. No. 5-113-117, Ternekal Village, Devanakonda Mandal, Kurnool District
3. M. Subharani, W/o. M. Isaac, aged 27 years, R/o. D. No. 5/220, Ternekal Village, Devanakonda Mandal, Kurnool District
4. Mala Kalyanamma, W/o. M. Satyanna, aged 40 years, R/o.
D. No. 5- 231-2, Ternekal Village, Devanakonda Mandal, Kurnool District
5. Mala Dhanalakshmi, W/o. Ramanjaneyuiu, aged 34 years, R/o. D. No. 5/244, Ternekal Village, Devanakonda Mandal, Kurnool District ...PETITIONERS AND
1. The State of Andhra Pradesh, Department of Revenue, Rep by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, District Collectorate, Budhawarpeta Kurnool, Kurnool District. 3. The Revenue Divisional Officer, Pattikonda Revenue Division, Pattikonda, Kurnool District
4. The Tahsildhar, Devanakonda Mandal, Kurnool District ...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying V^hat in the circumstances stated in the affidavit filed therewith, the High . 'Court may be pleased to issue a Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents, particularly the 3rd Respondent in trying to interfere with Petitioners house sites located at Plot Nos. 158, 206, 207, 149 and 161 at Sy. No. 313 of Ternekal Village, Devanakonda Mandal of Kurnool District on the pretext of constructing a primary health center without following due procedure prescribed under applicable laws as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to strictly adhere to law and due process if iii any case they want to interfere with the Petitioners possession over the said house sites. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3^*^ Respondent to not interfere with the possession of the Petitioners house sites located at Plot Nos.
158, 206, 207, 149 and 161 at Sy. No. 313 of ternekal Village, Devanakonda Mandal of Kurnool District without following due process of law. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
1 APHC010065722025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3446/2025 IN [3328] THE Between:
1 MALA LAKSHMl W/0. HUSENI, AGED 32 YEARS. R/0. D.
NO. 5/220, TERNEKAL VILLAGE, DEVANAKONDA MANDAL, KURNOOL DISTRICT 2.M. MOUNIKA,, W/0. M 113-117, KURNOOL DISTRICT 3.M. SUBHARANI,, W/O. M. ISAAC, AGED 27 ^/O a Na 5/220, TERNEKAL VILLAGE, DEVANAKONDA MANDAL, KURNOOL DISTRICT 4 MALA KALYANAMMA,, W/O. M. SATYANNA, AGED 40 YEARS, R/0. NO. 5-231-2, TERNEKAL VILLAGE, DEVANAKONDA MANDAL, KURNOOL DISTRICT 5 MALA DHANALAKSHMI,, W/O. RAMANJANEYUlU, R/O. D. NO. 5/244, TERNEKAL VILLAGE, DEVANAKONDA MANDAL, KURNOOL DISTRICT . SALOMAN, AGED 25 YEARS, R/O. D. NO. 5- DEVANAKONDA MANDAL, TERNEKAL VILLAGE D ...PETITIONER(S) AND . PRADESH, DEPARTMENT OF REVENUE. SECRETARY, SECRETARIAT BUILDINGS, 1.THE STATE OF ANDHRA REP BY ITS* PRINCIPAL VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. I 2
2. THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, BUDHAWARPETA KURNOOL, KURNOOL DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PATTIKONDA REVENUE DIVISION, PATTIKONDA, KURNOOL DISTRIC 4.THE TAHSILDHAR, DEVANAKONDA MANUAL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitloner(S):
1.VARUN BYREDDY Counsel for the Respondent(S):
1.GPFOR REVENUE The Court made the following ORAL ORDER: Heard Sri Varun Byreddy, Ld. Counsel for the Writ Petitioners and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader. Learned Asst. Government Pleader has submitted the Written Instructions furnished by the Tahsildar, Devanakonda Mandal. Copy of it is supplied to the Learned Counsel for the Writ Petitioners and the same is taken on record. 2. The relevant portion of the Written Instructions is usefully
3.
extracted hereunder:
“Further it is submitted that, if the Govt, have decided to construct the PHC in Sy.No.313 (including Petitioners site) of Ternekal Village, Devanakonda Mandal due procedure will be followed prescribed under applicable laws and they will be provided house site pattas in the same layout of the survey number as per the norms. Further, it is submitted that as on today the Respondents have not interfered with the possession of the petitioners house site plot Nos. 158, 206, 207, 149 and 161 at Sy.No.313 of Ternakal Village, Devenakonda Mandal, Kurnool District. Hence, all the allegations made by the petitioners are far away from the fact^’ \ %
3 The above Written Instructions would indicate that if the Government would decide to construct a Primary Health Center in SY.No.313, the Government would follow the due process of law. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit by directing the Official Respondents to follow the due of law, if any Primary Health Center is sought to be constructed in
4. 5. process the future. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this
6.
7.
order.
SDI- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The District Collector, District Collectorate, Budhawarpeta Kurnool, Kurnool District.
3. The Revenue Divisional Officer, Pattikonda Revenue Division, Pattikonda, Kurnool District.
4. The Tahsildhar, Devanakonda Mandal, Kurnool District
5. One CC to Sri Varun Byreddy Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
7. Three CD Copies TF
t HIGH COURT DATED:24/02/2025
ORDER WP.No.3446 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS