Asodi China Chinnapareddy, Vs State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Asodi China Chinnapareddy, Vs State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent Nos. 2 and 3 to deal with the subject lands (Ac.0.83 cents in Sy.No.22-8 and Ac.1.58 cents in Sy.No.27 of Bapatla West (U), Bapatla Mandal, Guntur District) strictly in accordance with law, if so warranted for any public purpose; interim order if any deemed vacated; no order as to costs; miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the respondents' proposal to grant house site pattas under the Navaratnalu-Pedalandariki Illu scheme over Ac.0.83 cents in Sy.No.22-8 and Ac.1.58 cents in Sy.No.27 of Bapatla West (U), Bapatla Mandal, Guntur District, without authority of law, without notice and without following due process, is illegal, arbitrary and unconstitutional.

Court's answer

Respondent Nos. 2 and 3 are directed to deal with the subject lands (Ac.0.83 cents in Sy.No.22-8 and Ac.1.58 cents in Sy.No.27 of Bapatla West (U), Bapatla Mandal, Guntur District) strictly in accordance with law, if so warranted for any public purpose; the written instructions of the 3rd respondent dated 22.09.2025 are made part of the court record.

Ratio / Principle

The writ petition is disposed of; any interim order is deemed vacated and there shall be no order as to costs; miscellaneous petitions pending, if any, shall stand closed.

Detailed headnote1 paragraphs

Writ Petition (Art. 226) by two agriculturists of Vedullapalli Kothapalem Village, Bapatla Mandal, Guntur District, challenging the proposed grant of house site pattas under the 'Navaratnalu-Pedalandariki Illu' scheme over canal and donka poramboke lands measuring Ac.0.83 cents in Sy.No.22-8 and Ac.1.58 cents in Sy.No.27 of Bapatla West (U), alleging absence of authority of law, notice and due process. Per the written instructions of the Tahsildar dated 22.09.2025 placed on record, the lands stand classified as donka/drainage poramboke, were developed under MNREGS, and no pattas had been granted in Sy.Nos. 22-8 or 27. Without adjudicating title, the Court disposed of the petition directing respondent Nos. 2 and 3 (District Collector and Tahsildar) to deal with the subject lands strictly in accordance with law, if so warranted for any public purpose; interim order deemed vacated; no costs.

[3233]

APHC010004962021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 332/2021

Between:

ASODI CHINA CHINNAPAREDDY,, S/O MUSALA REDDY, AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O VEDULLAPALLI KOTHAPALEM VILLAGE, VEDULLAPALLI GP, BAPATLA MANDAL, GUNTUR DISTRICT.

KOTA YEDUKONDALA REDDY,, S/O NAGAMALLESWARA REDDY, AGED ABOUT 25 YEARS, OCC AGRICULTURE, R/O VEDULLAPALLI KOTHAPALEM VILLAGE, BAPATLA MANDAL, GUNTUR DISTRICT.

...PETITIONER(S)

AND

STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR.

THE TAHSILDAR, BAPATLA MANDAL, 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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the high handed action of the respondents in proposing to give house

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site pattas under the Navaratnalu-Pedalandarikiillu Scheme of the canal and DonkaPoramboke lands to an extent of Ac. 0.83 cents in survey No. 22-8 and to an extent of Ac. 1.58 cents in survey No. 27, Bapatla West (U), Baptla Mandal, Guntur District, without any authority of law and without notice and without following due process of law, is illegal, arbitrary and unconstitutional and contrary to the principles of natural justice and 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 direct the respondents2 and 3 not to give the house site pattas of the Canal and DonkaPoramboke landsto an extent of Ac. 0.83 cents in survey No. 22-8 and to an extent of Ac. 1.58 cents in survey No. 27, Bapatla West (U), Baptla Mandal, Guntur District, pending disposal of the Writ Petition and pass

IA NO: 2 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 vacate the interim order Dt.06-01-2021 in WP.No.332 of 2021 and dismiss the writ petition and pass

Counsel for the Petitioner(S):

1.P DURGA PRASAD

Counsel for the Respondent(S):

1.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.

This writ petition was filed questioning the action of the respondents in proposing to give house site pattas under the ‘Navaratnalu-Pedalandariki Illu’ scheme of the canal and donka poramboke lands to an extent of Ac.0.83 cents in Sy.No.22-8 and to an extent of Ac.1.58 cents in Sy.No.27 of Bapatla West (U), Bapatla Mandal, Guntur District without any authority of law and without notice and without following due process of law.

On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3^rd respondent dated 22.09.2025 submits that the land in an extent of Ac.1.58 cents in Sy.No.27 of West Bapatla (U) is classified as donka poramboke. The land in an extent of Ac.0.83 cents in Sy.No.22-8 of West Bapatla (U) is also classified as drainage poramboke. This land is not proposed for house site pattas as contended by the petitioners. But the land in an extent of Ac.1.58 in Sy.No.27 along with other donka poramboke lands were proposed for grant of house site pattas for 80 beneficiaries under the welfare scheme of housing. However, the house site pattas were not granted in Sy.No.27 of the Sy.No.22-8 or West Bapatla village. These lands are vacant on ground. The land in Sy.No.27 was

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developed under MNREGS Programme by forming internal roads, layout, planting stones etc.

In view of the above said facts and circumstances, the respondent Nos.2 & 3 are directed to deal with the subject lands in an extent of Ac.0.83 cents in Sy.No.22-8 and to an extent of Ac.1.58 cents in Sy.No.27 of Bapatla West (U), Bapatla Mandal, Guntur District strictly in accordance with law, if so warranted for any public purpose. The written instructions of the 3^rd respondent dated 22.09.2025 shall be made as part of the court record.

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