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High Court of Andhra Pradesh · body

2025 DAILYLAW 9836 (AP)

Bolla Rajasekhar, v. The State of Andhra Pradesh,

WP/6660/2020 · 2025-08-05

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010109092020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6660/2020 Between: 1. BOLLA RAJASEKHAR,, S/O. RAGHAVULU, AGED 36 YEARS, AGRICULTURE VADALI VILLAGE, PENUGONDA MANDAL, WEST GODAVARI DIST., 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU, WEST GODAVARI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KOVVUR,WEST GODAVARI DISTRICT. 4. THE TAHASILDAR, PENUGONDA MANDALAM, PENUGONDA, WEST GODAVARI DISTRICT. 5. VADALI GRAMPANCHAYAT, REP, BY ITS SECRETARY, VADALI GRAMPANCHAYAT, VADALI, PENUGONDA MANDAL, WEST GODAVARI DIST., Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6660/2020 BOLLA RAJASEKHAR,, S/O. RAGHAVULU, AGED 36 YEARS, AGRICULTURE VADALI VILLAGE, PENUGONDA MANDAL, WEST ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU, WEST GODAVARI DISTRICT. THE REVENUE DIVISIONAL OFFICER, KOVVUR,WEST GODAVARI THE TAHASILDAR, PENUGONDA MANDALAM, PENUGONDA, WEST GODAVARI DISTRICT. VADALI GRAMPANCHAYAT, REP, BY ITS SECRETARY, VADALI GRAMPANCHAYAT, VADALI, PENUGONDA MANDAL, WEST ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue order or orders, direction or directions, Writ or the nature Writ of Mandamous or any appropriate writ IN THE HIGH COURT OF ANDHRA PRADESH [3233] SIXTH DAY OF AUGUST THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN BOLLA RAJASEKHAR,, S/O. RAGHAVULU, AGED 36 YEARS, AGRICULTURE VADALI VILLAGE, PENUGONDA MANDAL, WEST ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AMARAVATHI, THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU, THE REVENUE DIVISIONAL OFFICER, KOVVUR,WEST GODAVARI THE TAHASILDAR, PENUGONDA MANDALAM, PENUGONDA, WEST VADALI GRAMPANCHAYAT, REP, BY ITS SECRETARY, VADALI GRAMPANCHAYAT, VADALI, PENUGONDA MANDAL, WEST ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue order or orders, direction or directions, Writ or the nature Writ of Mandamous or any appropriate writ 2 BKM,J W.P.No.6660 of 2020 delcare the action of the respondents in proposing to allot house site pattas on the road situated in Sy. No.205 of Vadali Village, Penugonda Mandal, West Godavari Dist., and depriving the similarly situated persons frcm the right of pathway is illegal, arbitrary against the principles of natural justice and violative of Articles 14, 21 and 300 A of the Constitution of India consequently direct the repsondents not to allot house sites on the road situate in Sy. No.205 of Vadali Village, Penugonda Mandal, W.G. Dist., and to pass IA NO: 1 OF 2020 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 pleased to direct the respondents not to allot house site pattas on the road situate in RS No.205 of Vadali Village, Penugonda Mandal, W.G. Dist., pending disposal of the main WP No. of 2020 and to pass IA NO: 1 OF 2021 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 Pleased to vacate the interim order dt. 17-03-2020 passed in W.P.No. 6660 of 2020 and dismiss the writ petition and to pass Counsel for the Petitioner: 1. K L N SWAMY Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR REVENUE 3 BKM,J W.P.No.6660 of 2020 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in proposing to allot house pattas on the road situated in survey No.205 of Vadali Village, Penugonda Mandal, West Godavari District, by depriving the similarly situated persons from the right of pathway. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents, relying upon the counter of the 4th respondent, submits that the land in an extent of Ac.0.03 cents in R.S.No.173-2E was purchased by the writ petitioner, which is an agricultural land, as per the revenue records. It is not converted for non-agriculture purpose. The Gram Panchayat has not given any permission for forming layout or converting the land, agriculture into residential purpose in R.S.No.173-2E. There is no punta or road on the eastern side of the said land, which was purchased by the writ petitioner. The land covered by R.S.No.205 is classified as road poramboke, but, it is not adjacent to the petitioner’s land. The house sites have been proposed in R.S.No.204-1A i.e., Grama Kantam, but, not in R.S.No.205 i.e., road poramboke. It is not correct to say that the respondents are issuing house site pattas in punta poramboke in R.S.No.205. 4 BKM,J W.P.No.6660 of 2020 4. In view of the above said facts and circumstances and, as per the clear averments made in the counter of the 4th respondent, no relief is required to be given in this writ petition to the petitioner, except recording the above said submissions of the 4th respondent. 5. Accordingly, the writ petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 06.08.2025 MDP