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APHC010493602026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 27469 of 2026 Bench Sr.No:-5 [3584] M.V.V. Prasad ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents **********
CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 23rdSeptember 2026 Present : Party-in-Person
: Mr. M. V. V. Prasad Advocates for Respondents : GP for Revenue GP for School Education LISA GILL, CJ. Prayer in this writ petition is as under:
“..to issue an appropriate Writ Order or Direction more particularly one in the nature of a (i) issue a Writ of Certiorari calling for the records relating to Complaint No. 1971/2023/BI including the Revenue reports bearing REVESEC/3/2024- TYP dated 06.10.2025 and Rc.A.536/2023 dated 15.09.2025 and the closing
order dated 20.01.2026 and quash the said reports and closing order as unsustainable, and pass consequential orders in accordance with law (ii) issue a Writ of Mandamus directing the competent Revenue authorities to examine the original records relating to the 1978 bifurcation/separation of Stantanpuram Gram Panchayat from Mamidalapadu Gram Panchayat and to verify the subsequent 1983 proceedings relating to change of classification including the alleged No Objection from Mamidalapadu Gram Panchayat in the light of the said bifurcation proceedings (ii) issue a Writ of Mandamus directing the Revenue authorities to submit a complete report with the original survey records, FMB, village map, plans and connected records relating to Survey Nos 99/C and 99/F, including the dates
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and manner of grant of pattas in 1983 and the circumstances in which such pattas were issued, particularly with reference to the sanctioned layout dated 12.12.1971 and the access shown therein (iii) issue a Writ of Mandamus directing the District Collector, Kurnool, in coordination with the District Educational Officer and other concerned authorities to examine the Petitioners mutual exchange proposal dated 08.09.2023 along with the Parents/School Management Committee representation dated 07.09.2023, Eenadu publication dated 31.08.2024 and the information sought through the Petitioner’s RTI applications, and to submit an appropriate report regarding the necessity of additional school accommodation and the steps taken in that regard, and to determine the market value of the respective properties as prevailing on the date of actual finalization of the mutual exchange, in accordance with the applicable Government valuation guidelines and thereafter pass an appropriate reasoned order in accordance with law and public interestpass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interests of justice.”
2. Petitioner filed complaint No.1971/2023/B1, copy of which is not on record. It is the case of petitioner that he is the co-owner of plots in Mamidalapadu Revenue Village, presently falling within Stantanpuram Ward of Kurnool Municipal Corporation. His father had purchased plots in the year 2007 in Sy.No.99/E/1B of Mamidalapadu Village. It is stated that there is an approach road as Venkata Ramana Colony to Masmazeed, which is a Government poramboke land with Sy.No.99/C (part), which is used as passage by all plot owners. Tahsildar, Kurnool Urban, issued pattas in year 1986 in Sy.No.99/C without leaving approach road for said plots on both sides.
It is submitted that these vacant plots may be encroached by patta owners and petitioner is unable to enter his property. 3. Complaint was submitted in Spandana on 28.06.2023 before Tahsildar, Kurnool Urban, to provide road/passage for plots, but no action was taken, leading to filing of complaint before learned Upa-Lokayukta. 3 W.P.No.27469 of 2026
4. It is noted that, in response to notice issued by learned Upa- Lokayukta, report dated 30.11.2024 was submitted by District Collector, Kurnool District, informing that matter had been inquired into by Mandal Surveyor, Kurnool Urban Mandal; plot Nos.11 to 15 and 18 in Sy.No.99/E/1B of Mamidalapadu Village is patta land pertaining to complainant and said plots are vacant. As per RSR, land in Sy. No.99/C is poramboku land and in year 1983, vide RCB.27/36/83, house site pattas were issued by laying layout in said land and small houses have been constructed thereon; there is no road on the ground in Sy.No.99/C. Statements of some of village elders were recorded to the extent that house site pattas were issued to 137 beneficiaries upon which houses have been constructed thereon and they are residing since 40 years. It was further reported that complainant’s father, M. Rajendra Prasad, and one, G. Yella Reddy, jointly purchased plot Nos.11 to 15 and 18 in Sy.No.99/E/1B, Mamidalapadu Village, through registered sale deed vide Doc. Nos.5654 and 5727 of 2007. Beneficiaries of house site pattas had constructed their houses and had been residing therein since 40 years, all under BPL category and that there was no scope to provide passage to complainant’s plot, which is surrounded by houses constructed by beneficiaries. 5. Learned Upa-Lokayukta, while referring to report dated 06.10.2025, received from District Collector, Kurnool District, observed that complainant’s father was aware of status of the land before purchase of said vacant private plots, and that his request for identification of alternate
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Government land as sought in exchange for the said private plot cannot be considered.
Proceedings were accordingly closed by learned Upa-Lokayukta vide impugned order, dated 20.01.2026. Aggrieved therefrom, this writ petition has been filed. 6.
Learned counsel for petitioner vehemently argued that he does not even seek approach road as such, however, on account of negligent act of public servants, alternate plot should be allotted to petitioner. Learned Upa- Lokayukta, should have considered these facts and specifically representation submitted by petitioner dated 12.02.2026 seeking recall of order dated
20.01.2026. It is contended that Revenue Department did not follow Rules in the year 1987 while changing status of ‘rasta poramboke land’ to ‘house site pattas for persons of BPL category’. Same Gram Panchayat, which gave no objection for issuance of house site pattas, had also given approval for private plot layout in respect to plots in question. Learned Upa-Lokayukta should, therefore, have granted relief by either providing access to his plot or providing alternate land in Kurnool Urban, without affecting BPL category people.
7.
Learned counsel for respondents have opposed writ petition and dismissal of same is thus sought.
8. We have heard learned counsel for parties and perused the file.
9. It is a matter of record and not denied that house site pattas were issued in the year 1987, that is, years prior to purchase of plots by petitioner’s
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father in the year 2007. It is correctly observed by learned Upa-Lokayukta that said plots were purchased by petitioner’s father with his eyes open being aware of ground reality. Moreover, it is to be noted that it is not within purview of learned Upa-Lokayukta to decide question of access to plots of petitioner or for issuing a direction to respondent authorities for providing alternate piece of land as has been sought. Learned counsel for petitioner was unable to point any negligent act as such on part of officers, for which action should have been recommended by learned Upa-Lokayukta. Petitioner’s father admittedly purchased plots in year 2007, being fully aware of existence of houses of beneficiaries/pattaholders.
10. Keeping in view facts and circumstances as above, no ground is made out for interference in exercise of writ jurisdiction under Article 226 of Constitution of India. Petitioner is at liberty to avail his remedies as may be / if any available in accordance with law in respect to his claim for easement / exchange of plot. Present writ petition is accordingly dismissed with liberty as aforementioned. No costs.
Pending miscellaneous applications, if any, stand disposed of.
LISA GILL, CJ
CHALLA GUNARANJAN, J kbs Whether the order is Speaking/Reasoned : Yes Whether the order is Reportable
: Yes / No
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HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN
W.P.No.27469 of 2026
Dt :23.09.2026
kbs
165