Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 7131 (AP)

K.Thirupalu v. The State of Andhra Pradesh

WP/3731/2025 · 2025-02-24

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

VI IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3731 OF 2025 Between: K.Thirupalu, S/o. K.Munikrishnaiah, Aged 42 years, R/o. Vengareddy Kandriga Village, Panduru Post, Varadaiahpalem Mandal, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Tirupathi, Tirupati District. 4. The Revenue Divisional Officer, Srikalahasthi, Tirupati District. 5. The Tahsildar, Varadaiahpalem Mandal, Tirupati District. 6. The Tahsildar, Pichaturu Mandal, Tirupati District. 7. The Mandal Surveyor, Pichaturu Mandal, Tirupati District. 8. The Village Revenue Officer, Kuvvakolli Village, Pichaturu Mandal Tirupati District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of respondents in not assigning the land admeasuring an extent of Ac.5.00 Cents in » Sy.No.210-2 of S.S.B.Peta Village of Pichatur Mandal, Tirupati District, in >..Javour of the petitioner under ex- servicemen quota in spite of the ;Rrbceedings vide Roc.A/120/2023 dated 02.06.2023 issued by the 6th f recommending the case of petitioner for the allotment of land, as illegal, 'arbitrary, unconstitutional and violative of Article 14, 21 and 300-A of the Constitution of India, consequently direct the respondents herein to assign the land admeasuring an extent of Ac.5.00 Cents in Sy.No.210-2 of S.S.B.Peta Village, Pichatur Mandal, Tirupati District, in favour of the petitioner under ex-servicemen quota. / A ttr * •• * •.-S'-*'' 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 respondents herein to assign the land admeasuring an extent of Ac.5.00 Cents in Sy.No.210-2 of S.S.B.Peta Village, Pichatur Mandal, Tirupati District, in favour of the petitioner under ex-servicemen quota, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V VINOD K REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 1 *:V APHC010069892025 ^4; IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3731/2025 Between: 1.K.THIRUPALU, S/0. K.MUNIKRISHNAIAH. AGED 42 YEARS, R/0. VENGAREDDY KANDRIGA VILLAGE, PANDURU POST, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3.THE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI DISTRICT 4.THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTHI, TIRUPATI DISTRICT 5.THETAHSILDAR, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT. 6.THETAHSILDAR, PICHATURU MANDAL, TIRUPATI DISTRICT. 7. THE MANDAL SURVEYOR, PICHATURU MANDAL, TIRUPATI DISTRICT 8.THE VILLAGE REVENUE OFFICER, KUWAKOLLI VILLAGE, PICHATURU MANDAL TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 2 1.VVIN0D K REDDY Counsel for the Respondent(S): 1.GPFOR REVENUE The Court made the following: ORAL ORDER: Heard Sri D. Harsha Vardhan, learned Counsel appearing on behalf of Sri V. Vinod K Reddy, learned Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner would submit that the Writ Petitioner is an Ex-serviceman, who had applied for grant of agricultural land under the Ex-servicemen Quota. He would submit that the Writ Petitioner has filed several Applications. One such Application was submitted on 31.01.2018, seeking grant of Acs.5.00 cents of land in any of the survey numbers namely 429 and 432 of Arudur Village, Varadaiahpalem Mandal, Tirupati District. Learned Counsel would submit that in response to the said Letter, the District Collector, Tirupati (Respondent No.2) had addressed a Letter to the Revenue Divisional Officer (Respondent No.3) on 17.07.2018 to furnish feasibility Report in respect of the request made by the Writ Petitioner. The RDO (Respondent No.3), vide Proceedings dated 19.10.2018, directed the Tahsildar of Varadaiahpalem Mandal (Respondent No.5) to examine and submit a feasibility Report. 2. Upon directions of the Tahsildar (Respondent No.5), the Village Revenue Officer (Respondent No.8) called for objections from the residents of Kuvvakolli Vilage. Thereafter, the Village Revenue Officer (Respondent No.8), as the residents have no objection, has forwarded the recommendations. In response to the Village Revenue Officer’s Report, the Tahsildar (Respondent No.5) submitted a Report on 21.07.2021, indicating that the land sought by the Writ Petitioner of an extent of Ac.5.00 cents in Sy.No.337 of Kuvvakolli Village is classified as ‘grazing land’. 3. 3 Learned Counsel for the Writ Petitioner submits that under such circumstances, the Writ Petitioner was directed to submit a fresh Application to the Respondent No.2 for assignment of agricultural land admeasuring Acs.5.00 cents in Sy.No.210/202 of S.S.B. Peta Village, Pichatur Mandal, Tirupati District. The Writ Petitioner has accordingly done the same, response to the said fresh Application, the Zilla Sainik Welfare Officer, Chittoor District has forwarded the said Application to the District Collector (Respondent No.2) on 22.09.2022 (Ex.P.10). After conducting an enquiry, the Tahsildar of Pichaturu Mandal (Respondent No.6) has submitted a Letter to the District Collector (Respondent No.2) on 02.06.2023, recommending the of the Writ Petitioner, for grant of land admeasuring Acs.5.00 cents in Sy.No.201-2 of S.S.B. Peta Village of Pichaturu Mandal (Ex.P.1). 4. In case Learned Counsel for the Writ Petitioner would submit that the District Collector (Respondent No.2) had addressed another Letter to the Tahsildar on 05.07.2023 (Ex.P.12) and directed to take necessary action as per rules in force. Thereafter, the Tahsildar, after conducting an enquiry, has submitted a Report to the Respondent No.4 stating that the said land is classified as Assessed Dry Waste (AWD) and that the same is not required for any public Learned Counsel for the Writ 5. purpose and is free from encroachment. Petitioner would urge this Court to issue necessary directions to consider the of the Writ Petitioner and pass necessary Orders within a particular case timeframe. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondent Nos.2, 3, 6 & 7 to consider the case of the Writ Petitioner and pass a Speaking Order in accordance with law within a period of 12 weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 6. J 4 Needless to state that the Official Respondents are statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to the Writ Petitioner herein, consider his submissions/objections and documents, if any, before passing the final order. Writ Petitioner is directed to submit a copy of this Order to the Official Respondent Nos.2, 3, 6 & 7 within one week from today, for effective compliance. 7. 8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 9. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K TATA RAO DEPUTY REGiSTRAR //TRUE COPY// SECTION OFFICER To, \ i 1. The Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. 3. The Revenue Divisional Officer, Tirupati, Tirupati District. 4. The Revenue Divisional Officer, Srikalahasthi, Tirupati District. 5. The Tahsildar, Varadaiahpalem Mandal, Tirupati District. 6. The Tahsildar, Pichaturu Mandal, Tirupati District. 7. The Mandal Surveyor, Pichaturu Mandal, Tirupati District. 8. The Village Revenue Officer, Kuvvakolli Village, Pichaturu Mandal Tirupati District. 9. One CC to SRI V Vinod K Reddy Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF ' i HIGH COURT DATED;24/02/2025 ORDER WP.No.3731 of 2025 'i 0 7 MAR 2025 | ^ Cuttent a«o“>" * a DISPOSING OF THE W.P., WITHOUT COSTS