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Monday, October 27, 2025

Constitution of India – Art. 226 – Mandamus – Assignment lands / water tank – Conversion into house sites under Navaratnalu – Due process – Notice – Requirement – Petitioners challenged action of RDO & Tahsildar converting water tank to Ac.0-05 and assigning Ac.0-05 house sites each in Sy.No.162-A3A-A30 of Jonnalagadda Village without notice – Government Pleader submitted based on written instructions dt. 22.09.2025 that entire Sy.No.162-A (Ac.7.23) is Government dry land as per RSR and sub-divided as (A1:0.04 Patta, A2:0.20 PWD Canal, A3-A:3.99 LA land, A3-B:0.28 NSP Canal, A3-C:2.76 LA land) – Lands already acquired vide Award No.104 / 08.12.1965 to provide house sites to weaker sections – No eviction taken up so far – Held, Respondents 2–4 directed to deal with land strictly in accordance with law for any public purpose – Written instructions part of record – Writ petition disposed – Interim orders vacated – No costs.


Constitution of India – Art. 226 – Mandamus – Assignment lands / water tank – Conversion into house sites under Navaratnalu – Due process – Notice – Requirement – Petitioners challenged action of RDO & Tahsildar converting water tank to Ac.0-05 and assigning Ac.0-05 house sites each in Sy.No.162-A3A-A30 of Jonnalagadda Village without notice –
Government Pleader submitted based on written instructions dt. 22.09.2025 that entire Sy.No.162-A (Ac.7.23) is Government dry land as per RSR and sub-divided as (A1:0.04 Patta, A2:0.20 PWD Canal, A3-A:3.99 LA land, A3-B:0.28 NSP Canal, A3-C:2.76 LA land) – Lands already acquired vide Award No.104 / 08.12.1965 to provide house sites to weaker sections – No eviction taken up so far –
Held, Respondents 2–4 directed to deal with land strictly in accordance with law for any public purpose – Written instructions part of record –

Writ petition disposed – Interim orders vacated – No costs.APHC010011692021

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

[3233]

WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 891/2021

Between:

1. UPPLITURI APPAIULI, S/O LATE VENKATA RAMAIAH AGED

ABOUT 66 YEARS, CULTIVATION, RESIDING AT

JONNALAGADDA VILLAGE, NARASARAOPET MANDAL,

GUNTUR DISTRICT,

2. KATLA SANTHA RAO, S/0 BRAHAMAIAH AGED ABOUT 60

YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

3. NADIPINENI RATHAIAH, S/O RAMAIAH AGED ABOUT 73

YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

4. APPALANENI RATNAIAH, S/O SARNULU AGED ABOUT 62

YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

5. YERRAM VENKATARAO, S/O ANJANEYULU AGED ABOUT 58

YEARS, CULTIVATION RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

6. NADIPINENI ANJANEYULU, S/O BRAHMAIAH AGED ABOUT

60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

7. UPPUTURI VENKAIAH, S/O RAMAIAH AGED ABOUT 60

YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

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8. UPPUTURI VEERARAGHAVULU, S/O. BRAHMAIAH AGED

ABOUT 56 YEARS, CULTIVATION, RESIDING AT

JONNALAGADDA VILLAGE, NARASARAOPET MANDAL,

GUNTUR DISTRICT.

9. KORITELA GOVARDHANA RAO, S/O ANJAIAH AGED ABOUT

60 YEARS, CULTIVATION, RESIDING AT JONNALAGADDA

VILLAGE, NARASARAOPET MANDAL, GUNTUR DISTRICT.

10. UPPUTURI SIVARAMA KRISHNAIAH, S/O KOTESWARA RAO,

AGED ABOUT 60 YEARS, CULTIVATION, RESIDING AT

JONNALAGADDA NARASARAOPET MANDAL, GUNTUR

DISTRICT.

...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, REVENUE DEPARTMENT, SECRETARIAT,

VCLAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR.

3. THE REVENUE DIVISIONAL OFFICER, NARASARAOPET

DIVISION, NARASARAOPET, GUNTUR DISTRICT.

4. THE THASILDAR, NARASARAOPET MANDAL,

NARASARAOPET, GUNTUR DISTRICT.

5. THE STATION HOUSE OFFICER, NARASARAOPET RURAL

POLICE STATION, NARASARAOPET, GUNTUR DISTRICT.

...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 a Writ, Order or Direction more

particularly one in the nature of Writ of Mandamus, declaring the action

of the 3rd and 4th respondents in conversion of the water tank to an

extent of Ac 0-05 cents situated Sy.No.162-A3A-A30 and house site

pattas to an extent of Ac 0-05 cents each situated in Sy.No.162-A3AA30 of Jonnalagadda Village, Narasaraopet mandal, Guntur district into

house site pattas under the Navaratnalu scheme without notice is

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illegal, arbitrary, violative of Article 300-A of the Constitution of India and

contrary to provisions of the A.P. Assigned Land (Prohibition of

Transfer) Act, 1977 and consequently direct the 3rd and 4th

respondents herein not to interfere with the petitioners property 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 grant stay of conversion of the water tank to an

extent of Ac 0-05 cents situated in 162-A3A-A30 and house site pattas

of the petitioners to an extent of AC 0-05 cents each situated in 162-

A3A-A30 of Jonnalagaddal Village, Narasaraopet mandal, Guntur

district into house site pattas under the Navaratnalu scheme without

notice to the petitioner pending disposal of the above writ petition in the

interests of justice.

Counsel for the Petitioner(S):

1.G V S MEHAR KUMAR

Counsel for the Respondent(S):

1.GP FOR HOME

2.GP FOR REVENUE

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The Court made the following Order:

Heard the learned counsel for the petitioners and the learned

Assistant Government Pleader for the respondents.

2. This writ petition was filed questioning the action of the 3rd & 4th

respondents in conversion of the water tank to an extent of Ac.0-05

cents in Sy.No.162-A3A-A30 and house site pattas to an extent of Ac.0-

05 cents each in Sy.No.162-A3A-A30 of Jonnalagadda Village,

Narasaraopet Mandal, Guntur District into house site pattas under the

Navaratnalu scheme without notice.

3. On the other hand, the learned Assistant Government Pleader for

the respondents relying upon the written instructions of the 4th

respondent dated 22.09.2025 submits that the land in Sy.No.162-A is a

government dry as per the entries recorded in RSR of Jonnalagadda

village covering the total extent of Ac.7.23 cents. The subject property

of this writ petition has been sub-divided as under:

Sl.

No.

Sub-division

Number

Extent Classification

1 162/A1 0.04 Patta Land

2 162/A2 0.20 PWD Canal

3 162/A3-A 3.99 Land Acquisition Land

4 162/A3-B 0.28 NSP Canal

5 162/A3-C 2.76 Land Acquisition Land

4. The land situated in Sy.No.162/A3A and Sy.No.162/A3-C of

Jonnalagadda village have been taken for providing house sites to

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weaker sections previously vide award No.104 dated 08.12.1965. The

respondent Nos.3 & 4 have not taken any steps for evicting the

petitioners from their house sites in Sy.No.162/A3A of Jonnalagadda

Village for the welfare scheme of housing.

5. In view of the above said facts and circumstances, the

respondent Nos.2 to 4 are directed to deal with the subject land in an

extent of Ac.0.04 cents in Sy.No.162/A1, 0.20 cents in Sy.No.162/A2,

3.99 cents in Sy.No.162/A3-A, 0.28 cents in Sy.No.162/A3-B and 2.76

cents in Sy.No.162/A3-C strictly in accordance with law, if so warranted

for any public purpose. The written instructions of the 4th respondent

dated 22.09.2025 shall be made as part of the court record.

6. 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, Miscellaneous Petitions pending, if any, shall stand

closed.

_________________________

JUSTICE B KRISHNA MOHAN

24.09.2025

NNN

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