S Gayathri Vs State of Andhra Pradesh

¶1

APHC010373612023

¶2

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

¶3

[3330]

¶4

MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶7

WRIT PETITION No.19245 of 2023

¶8

Between:

¶9

S GAYATHRI, W/O SK.BHUPATHI AGE.24 YEARS, OCC. HOUSEWIFE R/O H.NO.12-19, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶10

SMT.G.MUNEMMA, W/O SAMPATH AGE.60 YEARS, OCC. HOUSEWIFE R/O H.NO.12-113, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶11

SMT.P.KARNALA, W/O VELAN AGE.37 YEARS, OCC. HOUSEWIFE R/O H.NO.12-123/A, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶12

SMT.A.USHA RANI, W/O KRISHNA AGE.53 YEARS, OCC. HOUSEWIFE RIO H.NO.1-28, SAMUDAYAM, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶13

SMT.S.K.MANJULA, W/O KUMAR AGE.32 YEARS, OCC. HOUSEWIFE R/O H.NO.12-19(B), BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶14

SMT.A.DHANA LAKSHMI, W/O DORAISWAMY AGE.63 YEARS, OCC. HOUSEWIFE R/O H.NO.12-168, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶15

SMT.P.RANIYAMMA, W/O MURUGESAN AGE.60 YEARS, OCC. HOUSEWIFE R/O H.NO.12-123, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶16

SMT.M.SONIYA, W/O MANIGANDAN AGE.26 YEARS, OCC. HOUSEWIFE R/O H.NO.12-169, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶17

V.GOVINDA CHARY, S/O ELUMALAL ACHARI AGE.63 YEARS, OCC. LABOUR R/O H.NO.8/178, MALLAVARI STREET, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶18

SMT.M.KAMAKSHI, W/O MANI AGE.49 YEARS, OCC. HOUSEWIFE R/O H.NO.12-18, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶19

SMT.P.POKKALIAMMA, W/O KAILASAM AGE.62 YEARS, OCC.

¶20

2

¶21

HOUSEWIFE R/O H.NO.6-35, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶22

SMT.K.SHANTHI, W/O ELUMALAI AGE.42 YEARS, OCC. HOUSEWIFE R/O H.NO.12-125, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶23

SMT.K.S.SALA, W/O SABHAPATHI AGE.47 YEARS, OCC. HOUSEWIFE R/O H.NO.12-19 (D), BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶24

SMT.N.MEENA, W/O NATARAJAN AGE.58 YEARS, OCC. HOUSEWIFE R/O H.NO.12-69, BC COLONY, NARAYANAVANAM TOWN, TIRUPATHI DIST.

¶25

...PETITIONER(S)

¶26

AND

¶27

STATE OF ANDHRA PRADESH, REP.BY ITS PRL. SECRETARY (REVENUE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST.

¶28

THE DISTRICT COLLECTOR, TIRUPATHI DIST., AT TIRUPATHI.

¶29

THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTHI DIVISION, TIRUPATHI DIST.

¶30

THE TAHSILDAR, NARAYANAVANAM MANDAL, TIRUPATHI DIST.

¶31

...RESPONDENT(S):

¶32

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 or direction preferably writ of mandamus declaring the action of 4th respondent in not giving confirmed house site pattas though the surrender pattas given for the subject plots (634, 635, 641, 649, 636, 640, 646, 633, 637, 643, 642, 647, 632, 648) each plot to an extent of 72.6 Sq.Yds in Sy.No.38 situated at Narayanavanam Town and Mandal, Chittoor District., and not allowing to construct the houses in the said plots granted to petitioners under Navaratnalu Pedalandariki Illu scheme as ex-facie illegal, arbitrary, unjust and violative of principles of natural justice and consequently direct the 4th respondent to give confirmed houses site pattas for the subject plots, and pass any other order this Honourable Court may deem fit in the interest of Justice.

¶33

Counsel for the Petitioner(S):

¶34

1.M M M SRINIVASA RAO

¶35

Counsel for the Respondent(S): 1.GP FOR REVENUE

¶36

The Court made the following:

¶37

3

¶38

ORDER:

¶39

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

¶40

"….to issue a writ or direction preferably writ of mandamus declaring the action of 4^th respondent in not giving confirmed house site pattas though the surrender pattas given for the subject plots (634, 635, 641, 649, 636, 640, 646, 633, 637, 643, 642, 647, 632, 648) each plot to an extent of 72.6 Sq.Yds in Sy.No.38 situated at Narayanavanam Town and Mandal, Chittoor District., and not allowing to construct the houses in the said plots granted to petitioners under Navaratnalu Pedalandariki Illu scheme as exfacie illegal, arbitrary, unjust and violative of principles of natural justice and consequently direct the 4^th respondent to give confirmed houses site pattas for the subject plots, and pass any other order this Honourable Court may deem fit in the interest of Justice…. "

¶41

The writ petitioners are seeking direction to the respondents to confirm the house site pattas each an extent of 72.6 square yards in Sy.No.38 situated at Narayanavanam Town and Mandal, Chittoor District, to allow constructions of houses under the scheme of “Navaratnalu Pedalandariki Illu”.

¶42

Learned counsel appearing for the petitioners would submit that the respondent authorities have granted pattas by way of surrender, but they have not confirmed the same and the respondents are not allowing the construction. Hence, prayed to direct the respondent authorities to direct the authorities to issue confirmation pattas.

¶43

4

¶44

This Court on 02.08.2023, basing on the written instructions dated 02.08.2023 of the 4^th respondent, has granted interim orders, directing the respondent authorities to maintain status quo as on that day. On careful perusal of the interim orders granted by this Court, it indicates that the surrender pattas which are filed along with the Writ Petition are created by one Kandaswamy and they are fake and hence they are not entitled for any relief as prayed in the Writ Petition.

¶45

Without going into the merits of the case, this Court is inclined to dispose of the present Writ Petition, directing the 4^th respondent to conduct enquiry on the surrender pattas given by the authorities and pass appropriate orders and if the surrender pattas granted in favour of the writ petitioners appear to be genuine, the 4^th respondent is directed to issue confirmation pattas in favour of the writ petitioners. It is needless to say that the said enquiry shall be completed within a period of three months from the date of receipt of a copy of this order.

¶46