Andhra Pradesh High Court

WRIT PETITION 6524 of 2020 on 21 October 2013

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)WEDNESDAY, THE NINTH DAY OF APRILTWO THOUSAND AND TWENTY FIVEPRESENTTHE HONOURABLE SRI JUSTICE T.C.D.SEKHARWRIT PETITION NO: 6524 OF 2020

Between:

Patcha Ratnakar Telaga, S/o. Hanumantha Rao, Hindu, aged 51years,R/o.5-138B,NearCollegeGroundRoadParimpudiVillage,Koyyalagudem Mandal, West Godavari District....Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, RevenueDepartment, Secretariat, Amaravathi, Guntur District.Department, Secretariat, Amaravathi, Guntur District.

2. The District Collector, Eluru, West Godavari District.

3. The Tahsildar, Jangareddigudem Mandal, West Godavari District.

4. The Revenue Divisional Officer, Jangareddigudem, West[ Godavari]District.District.

...Respondents

Petition under Article 226 of the Constitution of India is filed prayingthat in the circumstances statedin the affidavit filed therewith, the HighCourt may be pleased to issue Writ, Order, or Direction more particularlyonein the nature of WRIT OF MANDAMUS- declaring the action[of][ the]respondentsintryingto disposesthepetitioner fromthepetitioner'sproperty by 3^^^ respondent under guise of an impugned oral proceedings ofthe 2ndand 4threspondentsin R.S. No.620/A an extent of acres 1-00centsin Jangareddigudem Village and Mandal, West GodavariDistrictunder Land Acquisition Act with intention to wrongful loss to the petitioneron the ground of Government Lands', as illegal, improper, unjust, arbitrary,violative of Article 300-A and 21 of the Constitution of India.

lA NO: 1 OF 2020

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PetitionunderSection151CPCisfiledprayingthatinthecircumstances statedin the affidavit filed in support[of][ the][ petition,][ the]High Court may be pleased to direct to 3^^ Respondent[not][ to][ disposes][ the]petitioner from their property, without due course[of][ law][ in][ R.S.][ Nos.][ 620/A]anextent of acres 1-00 cents in Jangareddigudem- Village[and][ Mandal,]West Godavari District under Land Acquisition Act.

Counsel for the Petitioner:SRI. GANDHAM SR PRASAD

Counsel for the Respondents: GP FOR REVENUE

The Court made the following:

APHC010107312020

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3505]

WEDNESDAY. THE NINTH DAY OF APRILTWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T.C.D.SEKHARWRIT PETITION NO: 6524/2020

Between:

Patcha Ratnakar Telaga

...PETITIONER

AND

The State Of Andhra Pradesh and OthersCounsel for the Petitioner:

...RESPONDENT(S)

1. GANDHAM SR PRASAD

Counsel for the Respondent(S):

1. GP FOR REVENUE (AP)

The Court made the following order:

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1. Thepetitionerclaimsthathewasallottedlandadmeasuringanextentof Ac.1.00centsinR.S.No.620/A byAndhra Pradesh Bhoodan YagnaBoardin JangareddigudemVillageandMandal,WestGodavariDistrict,byvirtueofproceedings No.BYB/B/316/2013, dated 21.10.2013.admeasuringanextentof Ac.1.00centsinR.S.No.620/A byAndhra Pradesh Bhoodan YagnaBoardin JangareddigudemVillageandMandal,WestGodavariDistrict,byvirtueofproceedings No.BYB/B/316/2013, dated 21.10.2013.

2. It is further case of the petitioner that since the[date]of allotment, he is in peaceful possession and enjoyment[of][ the]subject land by doing agriculture activity.It is further[case][ of][ the]petitioner that the factum of allotment of the subject[land][ in][ favour]of the petitioner was also informed to respondent Nos.3[and][ 4 as]required under Rule 11(1) of Bhoodan Yagna Act, 1965 by virtueofproceedingsdated28.09.2016.Itisfurthercaseofthepetitioner that the respondent Nos.2 to 3 identified the subjectland for distributionof housesite pattasin favour of eligiblebeneficiariesunderNavaratnalu-PedalandarikillluScheme.Inpursuance thereof, the respondent Nos.2 to 4 tried[to][ interfere]with the possession of the petitioner without issuing any noticeandorally directed thepetitioner to vacate fromthelandsindispute. Questioning the said action, the present writ petitionisfiled.

3. Whileorderingnotice,thisCourton17.03.2020directed the respondents tomaintain status quo in respect of theland in question and further directedthe respondents not to allothouse site pattas under NavaratnaluScheme. The said order issubsisting till date.Courton17.03.2020directed the respondents tomaintain status quo in respect of theland in question and further directedthe respondents not to allothouse site pattas under NavaratnaluScheme. The said order issubsisting till date.

4. ThelearnedAssistantGovernmentPleaderforRevenue placed instructions dated19.03.2025 furnished by the3'"'^ respondent.

5. On perusal of the said instructions,it is stated that is stated that stated that thatthe alleged proceedings dated 21.10.2013 issued by the BhoodanYagna Board is a fraudulent document and the same is createdwith an intention to grab the valuable Government land. Theinstructions further read that thesubject landis classifiedasburial ground and tankiin the revenue records. It is further averredin the instructions that the petitionerwas never in possession ofthe land in dispute.

it is stated that is stated that stated that that

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6. The instructions dated 19.03.2025 furnishedby the3'^'^ respondent are placedon record.

7. Heard the learned counsel for the petitioner and thelearned Assistant Government Pleader for Revenue. Perused thematerial available on record.learned Assistant Government Pleader for Revenue. Perused thematerial available on record.

8. Though the 3respondent disputed with regard tothe allotment made in favour of the petitioner of Bhoodan YagnaBoard, admittedly no notice was issued to the petitioner[before]initiatinganyactioninthematter.Further,thisCourt,on17.03.2020, directed the respondents to maintain status quo andfurther directed the respondents not to grant house site pattasover the land in dispute. The said interim order is subsistingtilldate.the allotment made in favour of the petitioner of Bhoodan YagnaBoard, admittedly no notice was issued to the petitioner[before]initiatinganyactioninthematter.Further,thisCourt,on17.03.2020, directed the respondents to maintain status quo andfurther directed the respondents not to grant house site pattasover the land in dispute. The said interim order is subsistingtilldate.

9. In viewof the above, the present WritPetitionisdisposedofdirectingtherespondentsnotto dispossessthepetitioner from the subject land exceptin accordance[with]law.There shall be no order as to costs.disposedofdirectingtherespondentsnotto dispossessthepetitioner from the subject land exceptin accordance[with]law.There shall be no order as to costs.

As a sequel, miscellaneous applications pending,if any.shall stand closed.

To,

Sd/- A. VIJAYA BABUASSISTANT REGISTRARSEOTIONOFFICERC

//TRUE COPY//

1. The Principal Secretary, Revenue Department, State[of][ Andhra]Pradesh, Secretariat, Amaravathi, Guntur District.Pradesh, Secretariat, Amaravathi, Guntur District.

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2. The District Collector, Eluru, West Godavari District.3.The Tahsildar, Jangareddigudem Mandal, West Godavari[District.]4.The Revenue Divisional Officer, Jangareddigudem, West[Godavari]District.(1 to 4 by RPAD)3.The Tahsildar, Jangareddigudem Mandal, West Godavari[District.]4.The Revenue Divisional Officer, Jangareddigudem, West[Godavari]District.(1 to 4 by RPAD)

5. One CC to SRI. GANDHAM SR PRASAD Advocate [OPUC]6.Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh.6.Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh.

[OUT]

7. Three CD Copies

ksr

HIGH COURT

DATED:09/04/2025

ORDER

WP.No.6524 of 2020

a“ ^ OCT 2025 KCoirentSectio

DISPOSING THE WRIT PETITION WITHOUT COSTS

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