EEMANI SRINIVAS REDDY v. THE STATE OF ANDHRA PRADESH
WP/3873/2020 · 2025-01-29
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6830 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6830 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3873 OF 2020 Between;
1. Eemani Srinivas Reddy, S/o Subba Reddy, Age 45 Years, Occ Employee R/o Nambur Village, Pedakakani Mandal, Guntur District. 2. Eemani Sundara Rami Reddy, S/o Subba Reddy, Aged 40 years, Occ: Pvt. Service, R/o Nambur Village, Pedakakani Mandal, Guntur District. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Revenue (Land), Secretariat, Amravati. (Cum) Chairman, Committee House Sites Programme. 2. The Special Commissioner, O/o Chief Commissioner of Land Administration. Vijayawada. (Cum) Member Convener, Committee for House Sites Programme. 3. The District Collector, Guntur District. (Cum) Co-Chairman for House Sites Programme
4. The Joint Collector (cum) Nodal Officer, Guntur District. 5. The Revenue Divisional Officer, Guntur, Guntur District. 6. TheTahsildar, Pedakakani, Guntur. for Committee ...Respondents
€ Petition under Article 226 of the Constitution the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or Direction may more particularly one in the action of the 1 to 6th Respondents for the House Sites Navaratnalu guise of G O Ms No 367 dated 19 08 2019 in nature of Writ of Mandamus declare the not followed the Policy Guidelines Pedalandariki lllu scheme on land an extent to Ac 100 Cents i in Sy No 264/B situated at Nambur Village Pedakakani Mandal, Guntur District as illegal arbitrary and violation of Articles 14, 21 and 300-A of Constitution the Respondents to consider the Letter vide of India and consequently direct Rc No. 51/08-A dt. 20.02.2008 of Namburu Grampanchyat’s Wherein Sy. NO. 264/B Situated at Namburu Village district. petitioners names were mentioned iin Pedakakani Mandal, Guntur lA NO: 1 OF 7n?n Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to grant stay of all further proceedings in land an extent to Ac. 1-00 at Nambur Village, Pedakakani Mandal Cents in Sy. No. 264/B situated Guntur District pending proceedings Memo No. of 1st Respondent report called vide REV01/LANAOLAND/532/2019-Lands.V dated . 20.12.2019 to the Respondent on guise of Petitioner's representation dated 18.12.2019 lA NO: 1 OF 2091^
1.
The District Collector, Guntur District, for House Sites Programme
2. The Joint Collector (cum) Nodal Officer,
3. The Revenue Divisional Officer, Guntur,
4. The Tahsildar, Pedakakani, Guntur. (Cum) Co-Chairman, Committee Guntur District. Guntur District. ...Petitioners AND
1. Eemani Srinivas Reddy, S/o Subba Reddy, Age 45 Years, Occ Employee R/o Nambur Village, Pedakakani Mandal, Guntur District. Eemani Sundara Rami Reddy, S/o Subba Reddy, Aged 40 years, Occ: Pvt. Service, R/o Nambur Village, Pedakakani Mandal, Guntur District. Respondents/ Petitioners
2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Revenue (Land), Secretariat, Amravati. (Cum) Chairman, Committee for House Sites Programme. The Special Commissioner, O/o Chief Commissioner of Land Administration. Vijayawada. (Cum) Member Convener, Committee for House Sites Programme. 3. 4. ...Respondents/Respondents R3 and R4 are not necessary parties in this petition 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 vacate the interim orders issued in WP.No.3873/2020, dated 5.10.2020 and to dismiss the writ petition. Counsel for the Petitioners: SRI. K RAMACHANDRA Counsel for the Respondents: GP FOR REVENUE The Court made the following order:
1 % APHC010065242020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 3873/2020 Between: ...PETITIONER(S) Eemani Srinivas Reddy and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KRAMACHANDRA Counsel for the Respondent(S):
1.GP FOR REVENUE (AP) The Court made the following Order: Challenging the action of the respondents in proposing to issue house site pattas in respect of the subject land an extent of Ac. 1.00 cents in Sy.No.264/B situated at Nambur Village, Pedakakani Mandal, Guntur district, ignoring the application filed by the petitioner for assignment of the subject land. Heard Sri K.Ramachandra,
learned counsel for the petitioner and learned Assistant Government Pleader 'for- Revenue appearing for the
02. respondents.
¥ / 2 M
03. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed on record a copy of the written instructions received from the 6*^ respondent-Tahsildar, dated 22.01.2025 stating that the subject land i.e., to an extent of Ac.1.00 cents in Sy.No.264/B situated at Nambur Village, Pedakakani Mandal, Guntur district, is government land and the same must be protected by the Government from encroachment, and the action of the respondents cannot be found fault with and further stated that issuance of house site pattas pursuant to GO.Ms.No.367 Revenue (Assignment-1) Department dated 19.08.2019 is no longer in force.
4. Having regard to the same, this Court is of the considered view that, the respondents are at liberty to proceed in accordance with law if the subject land is required for public purpose, after issuing notices to the petitioners. Accordingly, the writ petition is disposed of, directing the respondents
5. not to dispossess the petitioners from the subject land without following the due procedure under law. The written instructions of the 6'^ respondent-Tahsildar, dated
6. 22.01.2025 are placed on record. Accordingly, the Writ Petition is disposed of. There shall be no order as
7. to costs.
3 % As a sequel, all pending miscellaneous applications shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To,
1. The Special Chief Secretary Revenue (Land), State of Andhra Pradesh Secretariat, Amravati. (Cum) Chairman, Committee for House Sites Programme.
2. The Special Commissioner, O/o Chief Commissioner of Land Administration. Vijayawada. (Cum) Member Convener, Committee for House Sites Programme.
3. The District Collector, Guntur District. (Cum) Co-Chairman, Committee for House Sites Programme
4. The Joint Collector (cum) Nodal Officer, Guntur District.
5. The Revenue Divisional Officer, Guntur, Guntur District.
6. The Tahsildar, Pedakakani, Guntur.
7. One CC to Sri. K Ramachandra Advocate [OPUC]
8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
9. Three CD Copies GSC
HIGH COURT DATED:29/01/2025
ORDER WP.No.3873 of 2020 ^ 0UPR 2025 B ^ Current Snciion ^ DISPOSING OF THE WP WITHOUT COSTS