The High Court · 2024
Case Details
Acts & Sections
Nadipalli Mounica Sri Surya Bala Jyothi Swaroopa, W/o.Sai Vamsi H*^hna, Aged about 28 years, Housewife, R/o.D.No.24-242, Near Old Hospital, Jangareddygudem, W.G.Dist. ^>)gbuthu Nagendra Mani, W/o.Venkata Ramarao, aged about 55 years. Housewife, R/o.D.No.6-2-20, Near E-Seva Centre, Jangareddygudem West Godavari District.
9. Gouthu Naga Venkata Satyendra Babu, S/o.Venkata Ramarao, aged about 35 years. Cultivation, R/o.D.No.6-2-20, Near E-Seva Centre, Jangareddygudem West Godavari District.
10. Madineni Siva Sankar Prasad, S/o.Venkateswara Rao, aged 55 years. Cultivation, R/o.Guravaigudem, Jangareddigudem, W.G.Dist.
11. Goli Krishna Renuka, D/o.Rami Reddy aged about 30 years, R/o.D.No.1-76 Housewife, R/o.Nagulagudem, Jangareddygudem Mandal, West Godavari District ...PETITIONER(S) AND
1. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Department. Secretariat, Velagapudi, Guntur District.
2. The District Collector, West Godavari, Eluru.
3. The Revenue Divisional Officer, Jangareddygudem, West Godavari Dist.
4. The Tahsildar, Jangareddygudem Mandal, W.G.Dist.
5. The Guruvaigudem Gram Panchayat, rep by Panchayat Secretary, Guruvaigudem Village, Jangareddygudem Mandal, W.G.District. ...RESPONDENTS 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 to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents in intending to allot the donka/puntha of an extent of Acre 01-10, 1.26, 0.58, 1.24, and 0.80 cents in S.No.440, 441, 467, 468 and 469 of Guravaigudem Village, Mandal, West Godavari District as house sites under Jangareddygudem Navaratnalu-pedalandariku lllu scheme, is illegal, arbitrary, contrary to the provisions of A.P. Board Standing Orders, Articles, 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to allot donka/puntha of an extent of Acre 01-10, 1.26, 0.58, 1.24, and 0.80 cents in Village, 467, S.No.440, Mandal, West Godavari District as house sites as stated Guravaigudem 441, 469 468 Jangareddygudem supra. lA 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 to direct the respondents not to allot the donka/puntha of an extent of Acre 01-10, 1.26, 0.58, 1.24, and 0.80 cents in S.No.440, 441, 467, 468 and 469 of Guravaigudem Village, Jangareddygudem Mandal, West Godavari District as house sites or any other purposes, pending disposal of the above Writ Petition. lA NO: 1 OF 2021 Between:
1. The State of Andhra Pradesh, represented by its Principal Secretary Revenue Department. Secretariat, Velagapudi, Guntur District.
2. The District Collector, West Godavari, Eluru. '
3. The Revenue Divisional Officer, Jangareddygudem, West Godavari Dist.
4. The Tahsildar, Jangareddygudem Mandal, W.G.Dist. ...PETITIONERS/RESPONDENTS AND
1. Goli Venkataratna, W/o.Rami Reddy aged about 47 years, R/o.D.No.1-76 Housewife, R/o.Nagulagudem, Jangareddygudem Mandal, West Godavari District.
2. Goli Narendra Reddy, S/o.Seetha Reddy, aged 35 years. Cultivation, R/o.1-83, R/o.Nagulagudem, Jangareddygudem Mandal, West Godavari District.
3. Gangu Swarnathala, W/o.Murali Reddy, aged 38 years. Housewife, R/o.D.No.3-18, R/o.Jalapavarigudem, Kamavarapukota, West Godavari District.
4. Goli Venkata Reddy, S/o.Seetha Reddy, aged about 35 years. Cultivation, RJo.D.No.1-83 R/o.Nagulagudem, Jangareddygudem Mandal, West Godavari District.
5. Konduri Anjaneya Kubhera Raj Kumar, S/o.Narayana Rao, aged 48 years, R/o.D.No. 15-62/A, Lakshmi Hospital Street, Jangareddygudem, W.G.Dist.
6. Bondada Jaggarao, S/o.late Sreerama Murthy, aged about 65 years, Cultivation, R/o.D.No. 15-84, Subbareddy Colony, Jangareddygudem, West Godavari District.
7. Nadipalli Mounica Sri Surya Bala Jyothi Swaroopa, W/o.Sai Vamsi Krishna, Aged about 28 years. Housewife, R/o.D.No.24-242, Near Old Govt. Hospital, Jangareddygudem, W.G.Dist.
8. Gouthu Nagendra Mani, W/o.Venkata Ramarao aged about 55 Near E-Seva Centre, Housewife years, Jangareddygudem West Godavari District. R/o.D.No.6-2-20, 9 Gouthu Naga Venkata Satyendra Babu S/o.Venkata Ramarao, aged Cultivation, R/o.D.No.6-2-20, Near E-Seva Centre, about 35 years Jangareddygudem West Godavari District.
11. years. Cultivation, R/o. Madineni Siva Sankar Prasad. S/o.Venkateswara Rao. aged 55 Guravaigudem, Jangareddigudem, W.G.Dist. D/o.Rami Reddy aged about 30 years, R/o.Nagulagudem, Jangareddygudem Goli Krishna Renuka, R/o.D.No.1-76 Mandal, West Godavari District Housewife Respondents/Petitioners
12. The Guruvaigudem Gram Panchayat, rep by Panchayat Secretary, Guruvaigudem Village, Jangareddygudem Mandal, W.G. District. ...RESPONDENT/RESPONDENT (Respondent No.12 is not necessary party in this petition) Petition under Section 151 CPC praying that in the circumstances of the petition, the High Court may be 19.03.2020 in WP.No. 6311 stated in the affidavit filed in support vacate the interim order granted on pleased to of 2020 and dismiss the writ petition. Counsel for the Petitioner(s): SRI. T V JAGGl REDDY Counsel for the Respondent Nos.1 to 4; GP FOR REVENUE (AP) Counsel for the Respondent No.5: SRI I KOTI REDDY The Court made the following: ORDER k,l APHC010104682020 J!J± IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6311/2020 Between: Goli Venkataratna and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S);
1.T V JAGGI REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE (AP) The Court made the following order: The writ petition is filed challenging in action of the respondents in proposing to allot the land classified as donka/puntha in extent of Ac. 1-10, 1-26, 0-58, 1-24 and 0-80 cents in Sy.No.440, 441, 467, 468 and 469 of Guravaigudem Village, Jangareddygudem Mandal, West Godavari District, in favour of the beneficiaries of the scheme viz., “Navaratnalu-Ped alandariki lllu”. fV_ ✓ • 2 KM,J W.P.No.6311 of2020
2. Heard Sri T.V.Jaggi Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents.
3. The 4'^ respondent filed counter affidavit stating that at present there is no proposal to issue house site pattas in respect of the land situated in R.S.No.440, 441, 467, 468 and 469 of Guravaigudem Village and it is further stated that if the land is required for any of the beneficial schemes, they would follow due process of law.
4. At this juncture, learned counsel for the petitioner submits that since land is classified as “donka” in the revenue records, the respondents may be directed to call for objections of the affected parties situated on either side of the donka, in case of any proposal in future for assignment of pattas in respect of the land classified as “donka”.
5. Having regard to the contentions advanced,this Court is of the view that the ends of justice would be met if the respondents are directed to issue notice to the affected parties calling for their objections in case of any proposal in future for allotment of the subject property. The respondents are therefore directed to issue notice to all the affected parties located on either side of the subject property in case of any proposals for issuing of house site pattas in respect of the subject land. The written instructions of the 4*^ respondent are placed on record. 3 KM,J W.P.No.6311 of 2020
6. With the above observations, the writ petition is disposed of. No order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. //TRUE COPY// Sd/- M SRINIVAS ASSISTANT REGISTRARS SE FFICER To
1. The Principal Secretary, Revenue Department. Secretariat, Velagapudi Guntur District.
2. The District Collector, West Godavari, Eluru.
9. AL The Revenue Divisional Officer, Jangareddygudem, West Godavari Dist. The Tahsildar, Jangareddygudem Mandal, W.G.Dist. The Panchayat Secretary, Guruvaigudem Gram Panchayat, Guruvaigudem Village, Jangareddygudem Mandal, W.G.District. One CC to Sri T V Jaggi Reddy Advocate [OPUC] Two CCs to GP FOR REVENUE (AP) ,High Court Of Andhra Pradesh. [OUT] One CC to Sri I Koti Reddy, Advocate [OPUC]. Three CD Copies HIGH COURT DATED:18/12/2024 ORDER WP.No.6311 of 2020 DISPOSING OF THE W.P. WITHOUT COSTS