G Y v Prasada Rao Vs The State of Andhra Pradesh

G Y V PRASADA RAO, S/O. RAMAKRISHNA RAO, HINDU, MALE, AGED 60 YEARS, R/O. D.NO.50-50-24/1/2, BALAYYASASTRY LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM-530013.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, NELAPADU, AMARAVATI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT VISAKHAPATNAM.

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THE PROJECT DIRECTOR, DRDA, VISAKHAPATNAM AND SPECIAL OFFICER, LAND POOLING, MVP COLONY, SANKSHEMA BHAVAN, VISAKHAPATNAM-17.

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THE MANDAL TAHSILDAR, BHEEMUNIPATNAM MANDAL, BHEEMUNIPATNAM, VISAKHAPATNAM.

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...RESPONDENT(S):

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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 more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No. 2 to 4 in not considering my request for surrender of my land an extent of Ac.1.40

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2

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cents in R.S.No.28-9, an extent of Ac.2.34 cents in R.S.No.28-26, an extent of Ac.2.50 cents in R.S.No.28-1 of Kothavalasa Village, Bheemunipatnam Mandel, Visakhapatnam District under Land Pooling scheme for facilitating housing and house sites to the beneficiaries in the respective region as per G.O.Ms.No.72 dt.25.01.2020 Municipal Administration and Urban Development (M) Department is illegal, irregular, irrational, violative of provisions of Andhra Pradesh Municipalities Act 1965, and Rules framed there under and also offends Articles 14,21 and 300-A of Constitution of India and consequently direct the respondents to accept the surrender proposals made by the petitioner and allot proposed share of pooling site in terms of the G.O.Ms.No.72 dt.25.01.2020 Municipal Administration and Urban Development (M) Department and pass

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IA NO: 1 OF 2023

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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 No.2 to 4 to consider the request and representation dt.06.01.2020 and 18.02.2020 pending disposal of the main writ petition and pass

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Counsel for the Petitioner:

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1.MANGENA SREE RAMA RAO

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10534 OF 2023

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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“… to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.2 to 4 in not considering my request for surrender of my land an extent of Ac.1.40 cents in R.S.No.28-9, an extent of Ac.2.34 cents in R.S.No.28-26, an extent of Ac.2.50 cents in R.S.No.28-1 of Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District under Land Pooling scheme for facilitating housing and house sites to the beneficiaries in the respective region as per G.O.Ms.No.72 dt.25.01.2020 Municipal Administration and Urban Development (M) Department is illegal, irregular, irrational, violative of provisions of Andhra Pradesh Municipalities Act 1965, and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to accept the surrender proposals made by the petitioner and allot proposed share of pooling site in terms of the G.O.Ms.No.72 dt.25.01.2020 Municipal Administration and Urban Development (M) Department and pass such other order or orders…”

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The State Government has announced a scheme vide G.O.Ms.No.72, Municipal Administration and Urban Development (M) Department, dated 25.01.2020, (Navaratnalu-Pedalandariki Illu). In view of the said scheme, the Government intends to acquire zeroyathi land and D-form land under land pooling scheme, in exchange for an extent of 900 sq.yds. per acre of D-form land and 2200 sq.yds. per acre for zeroyathi land, as per Government norms.

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The petitioner submitted a representation dated 06.01.2020, to the District Collector, Visakhapatnam, requesting to acquire his land on land-pooling

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basis. As the respondents have not considered the representation dated 06.01.2020, the present writ petition has been filed seeking a direction to the respondents to accept the surrender proposals made by the petitioner and allot proposed share of pooling site in terms of the G.O.Ms.No.72, dated 25.01.2020.

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Heard Sri Mangena Sree Rama Rao, learned counsel for petitioner and learned Government Pleader for Revenue for respondents.

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Learned counsel for petitioner would submit that it would suffice to direct the respondents to consider and address the petitioner’s representation dated 06.01.2020 for acquisition of the land under land pooling scheme.

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Learned Government Pleader has not significantly opposed the said submission.

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Under the aforesaid circumstances, the present Writ Petition is disposed of directing the 2^nd respondent to address the petitioner’s representation dated 06.01.2020, within a period of four (04) weeks from the date of receipt of a copy of this order, and communicate the decision to the petitioner. There shall be no order as to costs.

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

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__________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 22.12.2025

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