APHC010109072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5697/2025 Between: Karna Raghavendra Ravi Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASULU P Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5697/2025 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 respondents by interfere and restraining the petitioner and other D.K. Patta holders from construction of houses under D.K. Patta No.114/2003 dated 01/2003 in survey number 75/3 to an extent of Ac.0.02 cents out of Ac.03.00 cents in Nayunipalli village, Vetapalem Mandal, Bapatla District is illegal, arbitrary, unjust, discriminative and voilative of Article 14, 21 and 300-A of the Constitution of India and further consequently to direct the 2nd respondent to consider the representation given by the D.K. Patta Holders dated 20.02.2025 to permit the petitioners for house construction and to protect the land issued by the government to the landless poor belongs to the weaker section and pass such other order. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the father of the petitioner was assigned with the house site admeasuring to an extent of Ac.0.02 cents in Sy.No.75/3, Nayunipalli village, Vetapalem Mandal, Bapatla District vide DKT patta bearing No.114/2003 dated 25.01.2003. As per the conditions of the house site patta, the father of the petitioner tried to make arrangement to raise house construction. But due to the Court litigation in respect to the subject 3 property, the father of the petitioner was unable to make construction in compliance of the terms of the DKT patta. Now after finalization of the legal proceedings, the petitioner intended to make construction in respect of his plot, pursuant to the DKT patta granted in favour of his father in the year 2003. While things stood thus, the respondents did not permit the petitioner to make construction in respect of the house plot assigned to his father. For which, the petitioner submitted a representation dated 20.02.2025 requesting the respondents particularly respondent No.3 to 5 to permit the petitioner to make construction. But so far, the respondents not considered the same. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for the respondents furnished the written instructions dated 05.03.2025 issued by the 4th respondent, wherein it is stated as follows: “In this connection, it is submitted that house site pattas were granted for this land in Sy.No.75/3 of Nayunipalli Village in the year, 2003. The beneficiaries have not constructed houses in the plots granted to them till to date. The plats demarcated on ground were disturbed as the plots were demarcated long back. Now, some of the allotters entered in the land and started construction of houses as per their will without referring to the lot numbers granted to them. In that process, they are entering to the sona poramboke land for which house site pattas were not granted and started construction. They have also closed some sona pits also in violation 4 of Hon’ble High Court orders. Hence, the construction of houses was stopped and informed them that the land of Ac.3.00 for which house site pattas were granted to them will be surveyed and then plots will be laid on ground so that house can be constructed by the beneficiaries in the plots granted to them. The land of A.3.00 was surveyed and boundaries were fixed. While the matter is under process, to lay plots on ground this writ petition is field. Hence, this writ petition is not maintainable. It is further submitted that on verification, it is noticed that the petitioner Karna Raghavendra Ravi Kumar, S/o.Venkateswarlu is having RCC Building in Desaipeta, H/o.Vetapalem Revenue Village vide Assessment No.4720. Hence, it has become essential to verify the eligibility of the beneficiaries now before permitting them to construct houses in the plots granted to them. It is submitted that the process will be completed shortly and the eligible persons will be permitted to construct houses in the plots granted to them and the remaining portion of sona poramboke and will be protected from further encroachments as per the orders of the Hon’ble High Court in coordination with the Challareddypalem Grama Panchayat.” 5. Learned Government Pleader for the respondents further submits that the representation of the petitioner is under consideration. After having detailed enquiry as stated above, the grievance of the petitioner will be redressed and after identifying 5 eligible candidates who were granted pattas in the year 2003 will be allowed for construction. 6. In view of the submission of the learned Assistant Government Pleader for Revenue, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. Therefore, this Court deems it appropriate to dispose of the writ petition directing the 4th respondent to consider the representation of the petitioner and proceed further and pass a speaking order, after providing opportunity of hearing to the petitioner and other stakeholder if any and communicate the same to the petitioner, within a period of month(1) from the date of receipt of copy of this Order. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 06.03.2025 TTPPSS 1 2019 (8) SCALE 544 6 210 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5697 of 2025 06.03.2025 TTPPSS