IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY fg TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4305 OF 7()9R AMARAVAT O Between: 1. Kothapalli Lakshmi Sujana @ Veeramachaneni Lakshmi Veeramachaneni Gopi Chand, Aged about 49 116/1, Sai Ram Bazaar, Poranki, Penamaluru Mandal Andhra Pradesh. 2. Jammula Sailaja, W/o. Jammula R/o.D.No.12-4, Thullur Village and Mandal Pradesh Sujana, W/o. years, R/o.D.No.14- Krishna District, Ramu, Aged about 47 years, Guntur District, Andhra ...PETITIONERS AND 1. The Capital Regional Development Authority, Lenin Centre, Governorpet, Vijayawada, NTR District, Rep. by its Commissioner. 2. The Competent Authority, Unit-11, Abbarajupalem, Capital Regional Development Authority, Andhra Pradesh. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Administration and Urban Development, A.P. Secretariat Amaravati, Guntur District. 4. The Collector and District Magistrate, Guntur District, Pradesh. 5. The District Revenue officer, Guntur District, Guntur 6. The Revenue Divisional Officer, Guntur, Guntur District, A.P. 7. The Tahsildar, Thullur Mandal, Thullur, Guntur District 8. Kothapalli Nagendramma, W/o. Late Seetha Ramayya, R/o. Abbarajupalem, Thullur Mandal, Guntur District, A.P. Municipal Velagapudi, Guntur, Andhra , A.P. , A.P. aged 80 years 9. Kothapalli Rajeswari, W/o. Late Sambasiva Rao,, Abbarajupalem, Thullur Mandal, Guntur District, AP aged 37 years, R/o. ...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 nature of a writ of mandamus declaring the not taking any action action of the 2^^ respondent in petitioners on unofficial 91 and 103 of , Guntur District is illegal, arbitrary, 16 of the Constitution of India and proceed with the registration of 91 and 103 of Abbarajupalem Village, on the objections raised by the 19-12-2024 to stop the Registration of Plots in favour of in Sy.Nos.90/1 respondents which are situated Abbarajupalem Village, Thullur Mandal unjust and violative of Article 14 and consequently direct the respondents not to plots against the Sy; Nos. 90/1, Thullur Mandal, Guntur District. jA NO: 1 OF Petition under Section 151 CPC stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the 2"^ respondent not to proceed with the registration of plots against the Sy. Nos. 90/1 praying that in the circumstances "103 of Abbarajupaiem Village Thullur Mandal, Guntur District in favour of the unofficial without disposing the objections dated 19 respondents -12-2024 raised by the petitioners. pending disposal of the above writ petition. Counsel for the Petitioner: M/s. Counsel for the Respondent Nos.1 KAVITHA GOTTIPATI & 2: M/s. S. PRANATHI, SC FOR CRDA GP FOR MUNICIPAL Counsel for the Respondent No.3: administration and urban development Counsel for the Respondent Nos.4 to 7: GP FOR REVENUE Counsel for the Respondent Nos. The Court made the following: ORDER 8 & 9:— APHC010082092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^ [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4305/2025 Between: ...PETITIONER(S) Kothapalli Lakshmi Sujana and Others AND The Capital Regional Development Authority and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP FOR REVENUE 2. 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: V 2 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4305/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 2"'^ respondent in not taking any action on the objections raised by the petitioners on 19.12.2024 to stop the registration of Plots in favour of unofficial respondents which are situated in Sy. Nos. 90/1, 91 and 103 of Abbarajupalem Village, Thullur Mandal, Guntur District is illegal, arbitrary, unjust and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents not to proceed with the registration of plots against the Sy.Nos.90/1, 91 and 103 of Abbarajupalem Village, Thullur Mandal, Guntur District and pass such other order. ” 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondent Nos.1 and 2. 3. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the land admeasuring to an extent of Ac.2.47 cents in survey Nos.90/1, 91, 98 and 103 of Abbarajupalem Village, Thullur Mandal, Guntur District, having acquired the same through succession from their father as legal heirs. After the death of the father of the petitioners, the paternal uncle of the petitioners got mutated his name as pattadar in respect of the entire land. After the death of the petitioners’ paternal uncle, his legal heirs and cousins of the 3 >3. petitioners got mutated their names as pattadars and possessors of the subject land including the land of the petitioners and submitted applications under the Land Pooling Scheme and taking steps to complete the process of registration with respect to the entire extent of the land. At this juncture, the petitioners submitted their objections as well as issued notice stating that the extent of the land mentioned is the property of the petitioners’ father and they inherited the subject property. Therefore, the application of the legal heirs of the petitioners’ paternal uncle could not be considered in respect of the land mentioned in the notice. But without considering the same, the respondents are proceeding with the allotment as well as registration of the returnable plots. Hence, the present Writ Petition. 4. On the other hand, learned Standing Counsel for respondent Nos.1 and 2 submitted written instructions dated 25.02.2025 issued by the 2"'^ respondent, wherein it is stated that as per the revenue records submitted by the unofficial respondents Nos.8 and 9, they are the pattadars and possessors of the lands as enumerated in the table below: SI. Name R.S.No. Extent No. (Ac Cts.,) Kottapalli Nagendramma 1 91 0.26 90-4 2.70 90-1 1.65 2 Kottapalli Rajeswari 40 1.25 103 0.39 V 4 5. The unofficial respondent Nos.8 and 9 also submitted required applications under the Land Pooling Scheme as per the guidelines issued under G.O.Ms.No.43 dated 09.03.2015. The 2 respondent further admitted that the petitioners submitted their objections/application on 19.12.2024, but not substantiated their claim through any document. In view of the said objections/application, so far reconstituted/ returnable plots were not registered in favour of respondent Nos.8 and 9. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Standing Counsel for respondent Nos.1 and 2 and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of directing the respondents to dispose of the objections/application of the petitioners dated 19.12.2024 after providing opportunity of hearing to the petitioners and unofficial respondents herein and after verifying all the documents of the petitioners as well as the respondents and pass a speaking order with reference to the guidelines/ Rules framed under the Land Pooling Scheme, within a period of six(6) weeks from the date of receipt of copy of this Order. Till then, the respondents are directed not to allow any registration in respect of entire subject property. 7. With the above direction, the Writ Petition is disposed of. nd There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR / / //TRUE COPY// OFFICER To 1. The Commissioner, Capital Regional Development Authority, Lenin Centre, Governorpet, Vijayawada, NTR District. 2. The Competent Authority, Unit-11, Abbarajupalem, Capital Regional Development Authority, Andhra Pradesh. 3. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 4. The Collector and District Magistrate, Guntur District, Guntur, Andhra Pradesh. 5. The District Revenue officer, Guntur District, Guntur, A.P. 6. The Revenue Divisional Officer, Guntur, Guntur District, A.P. 7. The Tahsildar, Thullur Mandal, Thullur, Guntur District, A.P. 8. One CC to M/s. Kavitha Gottipati, Advocate [OPUC] 9. One CC to M/s. S. Pranathi, SC for CRDA [OPUC] 10. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 11. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT DATED:28/02/2025 ORDER AND>^ WP.No.4305 of 2025 ^ 17 MAR 2025 n ^ . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS