O Paramasiva Reddy Vs the State of Andhra Pradesh

/feq>rusetty Sarath Kumar, S/o Venusetty, aged 33 years, R . Pudikuppam Village, Tada Mandal, Tirupathi District, -Andhra Pradesh. 13 . Tang^elu Sekhar, S/o Tangavelu, aged 41 years, ^/(^ffPudikuppam Village, Tada Mandal, Tirupathi District, ' Andhra Pradesh. 14. Lakshmaiah Desappan, S/o Lakshmaiah, aged 36 years, R/O. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 15. Chinnapayasetty Sivaji, S/o. Chinnapayasetty, aged 56 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 116. Chinnapayan Marimuthu, S/o. Chinnapayan, aged 58 years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 17. Dorai Sivaji, S/o. Dorai, aged 40 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 18. Kolanda Kandhan, S/o. Kolanda Thangavelu, aged about 37 years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 19. Venusetti Moorthi S/o. Venusetti, aged about 47 years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 20. M Gnana Prakash, S/o. S. Masi Setty, aged about 40 years, R/O. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 21. V Maha S/o. B Venu Chetty, aged about 37 years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhre Pradesh. 22. R Moorthi, S/o. Ramanaiah Reddy, aged about 48 years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 23. Arumugam Prabhu, S/o. M. Arumugam, aged about 41 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 24. Manikyam Setti Vinodh, S/o. Manikyam Setti, aged about 44 years, R/O. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh. 25. Madhukala Paneer, S/o. Chinna Kuppaiah, aged about 38 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, An<^hra Pradesh. 26. D Ashok, S/o. Dhanapal, aged about 35 years, R/o Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶26

Venuseety Rajini, C/o. 6. Venuseety, aged about 46 years, R/o. Pudikuppam Village. Tada Mandal, Tirupathi District. Andbra Pradesh.

¶27

D Aswanth, S/o. Ohanapal, aged about 25 years, R/o. Pudikuppam Village, Tada Mandal. Tirupathi District, Andhra Pradesh;

¶28

P.S. Thanigachalam, S/o. P. Sivanandam, aged about 60 years, R/o. Pudikuppam Village, Tada Mandal. Tirupathi District, Andhra Pradesh.

¶29

Nadimi Shety Edumali, S/o. Late Nadimi Setty, aged^about38 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶30

Ponnaswami Murali, S/o. Ponna Swami, aged about³⁹ years. R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶31

D Murali S/o. Dorai, aged about 31 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶32

Gopal Setti Siva Kumar, S/o. Gopal Setti, aged^about48 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶33

P. Jalandhar, S/o. K. Pachaiah, aged about 42 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

¶34

A. Yuvaraj, S/o. P. Arumugam, aged about 36 years, R/o. Pudikuppam Village, Tada Mandal. Tirupathi District,

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Andhra Pradesh.

¶36

KC Rajesh, S/o. K Chinna Paiyan, aged about 32 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

¶37

Kasimedu Chinnapaiyan Arul, S/o. Chinnapaiyan,

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aged about 42 years, R/o. Pudikuppam Village. Tada Mandal,

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Tirupathi District, Andhra Pradesh.

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Gopal Shetty Desappan S/o. Gopal Setty, aged about 54 years. R/o. Pudikuppam Village, Tada Mandal. Tirupathi District, Andhra Pradesh.

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Ponnuswami Kumar, S/o. Ponnuswami, aged about 39 years. R/o. Pudikuppam Village. Tada Mandal, Tirupathi District, Andhra Pradesh.

¶42

Masila Vijay Kumar, S/o. Masila, aged about 25 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

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P. Ratnam, S/o. Patchaiah, aged about 66 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Kolanda Thangavelu, S/o. Kolanda, aged about 71 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶45

Chinnakadu Setty Sekhar, S/o. Chinnakaku Setty, aged about 53 years, R/o. Pudikuppam Village, Tada Mandal Tirupathi District, Andhra Pradesh.

¶46

Lakshmaiah Anish, S/o. Lakshmaiah, aged about 36 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶47

Arumugam Vinoth, S/o. Chanchapa Chetty, aged about 37 years. R/o. Pudrkuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶48

Patchaiah Suresh, S/o. K. Patchaiah aged about 38 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶49

Dorai Raja Shetty Damodaram, S/o. Dorai Raja Shetty, aged about 61 years, R/o. Pudikuppam Village, Tada Mandal, T'irupathi District, Andhra Pradesh.

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Manikyam Setty Dorai, S/o. Manikyam Shetty, aged about 66 years R/o. Pudikuppam Village, Tada Mandal, Tirupatbi District,

¶51

Andhra Pradesh,

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T Suryaprakash, S/o. Thanikachalam, aged about 26 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,

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Andhra Pradesh.

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Chenchapashetty Arumugam, S/o. Chenchapashetty, aged about 59 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh,

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n hinoakadu Setty Sundaram, S/o. Chinnakadu Setty, aged about 44 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Thangarathnam Bala Krishna, S/o. Thangarathnam, aged about 38 years, R/o. Pudikuppam Village, Tada Mandal,

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Tirupathi District, Andhra Pradesh.

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Saravanan E, S/o. Elan C, aged about 26 years,

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R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Madhukal Venkatesh, S/o. M. Marimuthu, aged about 33 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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S. Murali, S/o. Sambandam, aged about 42 years,

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R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,

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Andhra Pradesh.

¶64

RR 5 to 55 are impleaded as per Court's Order dt. 11/02/2025 in lA 2 OF 2024.

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...RESPONDENTS

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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 one in the nature of a writ of mandamus or any other appropriate writ, order or direction declaring the action of respondents no.2 to 4 in proceeding to allot the lands covered by Sy.no. 13-2B and Sy.no.I4^{toanextentofAc.} 2.21 cents and Ac. 4.86 cents respectively situated in Kuppam Village, Pudi Gram Panchayat, classified as Donka Poramboke,^{forhousesitesas} illegal, arbitrary and in violation of Board Standing Order No. 15 and consequently direct respondent no.4 not to allot the^{DonkaPoramboke} land in Sy.no. 13-2B and Sy.no. 14 to an extent of^{Ac.2.21centsandAc.} 4.86 cents situated in Kuppam Village, Pudi Gram Panchayat^forhouse sites.

¶67

lA NO: 1 OF 2024

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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 respondent no.4 not to grant^housesites in the land covered by Sy.no. 13-2B and Sy.no. 14 to an extent^ofAc.2.21 cents and Ac. 4.86 cents situated in Kuppam Village, Pudi Gram Panchayat pending disposal of the above writ petition.

¶69

lA NO: 3 OF 2024

¶70

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 2 to 4 herein to issue pattas to the petitioners and other eligible persons in the lands acquired for the purpose of house sites i.e., in Sy. No. 13-2B and Sy. No. 14 of Pudi Village, Tada Mandal total to an extent of Ac. 07.10 cents forthwith by vacating the interim orders passed on 19.03.2024.

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lA NO: 4 OF 2024

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Between:

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Rosisetty Sivaji, S/o. Late Rosi Setty, aged about 53 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Venusetti Raghu, S/o. Venusetti, aged about 54 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Venusetty Ramesh, S/o. Venusetti aged about 55 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

¶76

R. Gandhi, S/o. Rathnam, aged about 32 years, R/o. Pudikuppam Village, Tad? Mandal, Tirupathi District,^Andhra Pradesh.

¶77

R. Selvam, S/o. Rajaiah, aged 42 years, R/o.Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶78

¶79

T Surendhar S/o PS Thaniga Chalam, aged 27 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Babusetty Raja S/o Babusetty, aged 53 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶81

Venusetty Sarath Kumar, s/o Venusetty, aged 33 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

¶82

Tangavelu Sekhar S/o Tangavelu, aged 41 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Lakshmaiah Desappan S/o Lakshmaiah, aged 36 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Chinnapayasetty Sivaji S/o Chinnapayasetty, aged 56 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Chinnapayan Marimuthu S/o Chinnapayan, aged 58 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶86

Dorai Sivaji S/o Dorai, aged 40 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Kolanda Kandhan S/o. Kolanda Thangaveiu, aged about³⁷ years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶88

Venusetti Moorthi S/o.Venusetti, aged about 47 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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M Gnana Prakash S/o. S. Masi Setty, aged about 40 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,’ Andhra Pradesh.

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V Maha S/o. B Venu Chetty, aged about 37 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶91

R Moorthi S/o. Ramanaiah Reddy, aged about 48 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶92

Arumugam Prabhu S/o. M. Arumugam, aged about 41 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District’ Andhra Pradesh.

¶93

Manikyam Setti Vinodh S/o. Manikyam Setti, aged about⁴⁴ years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Madhukala Paneer S/o. Chinna KUppaiah, aged about 38 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶95

sr

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D Ashok S/o. Dhanapal, aged about 35 years, R/o.

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Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶98

Venuseety Rajini C/o. B. Venuseety, aged about 46 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶99

D Aswanth S/o. Dhanapal, aged about 25 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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P.S. Thanigachalam, S/o. P. Sivanandam, aged about 60 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶101

Nadimi Shety Edumali S/o. Late Nadimi Setty, aged about 38 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

¶102

Ponnaswami Murali, S/o. Ponna Swami, aged about 39 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District’ Andhra Pradesh.

¶103

D Murali S/o. Dorai, aged about 31 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Gopal Setti Siva Kumar, S/o. Gopal Setti, aged about 48 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District’ Andhra Pradesh.

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P. Jalandhar S/o. K. Pachaiah, aged about 42 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

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A. Yuvaraj, S/o. P. Arumugam, aged about 36 years R/o Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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KC Rajesh S/o. K Chinna Paiyan, aged about 32 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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^ r

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Kasimedu Chinnapaiyan Ami, S/o. Chinnapaiyan, aged^about 42 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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54

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1. Gopal Shetty Desappan S/o. Gopal Setty, aged about years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Ponnuswami Kumar S/o. Ponnuswami, aged about 39 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Masila Vijay Kumar S/o. MasHa, aged about 25 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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P. Ratnam S/o. Patchaiah, aged about 66 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Kolanda Thangavelu, S/o. KOlanda, aged about 71 years,^R/o. Pudikuppam Village, Tada Mandal, Tirupathi District,^Andhra Pradesh.

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Chinnakadu Setty Sekhar, S/o. Chinnakaku Setty, aged^about 53 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Lakshmaiah Anish S/o. Lakshmaiah, aged about 36 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Arumugam Vinoth S/o. Chanchapa Chetty, aged about 37 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Patchaiah Suresh S/o. K. Patchaiah, aged about 38 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

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Dorai Raja Shetty Damodaram S/o. Dorai Raja Shetty, aged about 61 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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Manikyam Setty Dorai S/o. Manikyam Shetty, aged about 66 years, R/o. Pudikuppam Village, Tada Mandal, Tirupathi District, Andhra Pradesh.

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T Suryaprakash S/o. Thanikachalam, aged about 26 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District’ Andhra Pradesh.

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Chenchapashetty Arumugam, S/o. Chenchapashetty, aged about 59 years, R/o. Pudikuppam Village, Tada Mandal Tirupathi District, Andhra Pradesh.

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Chinnakadu Setty Sundaram S/o. Chinnakadu Setty, aged about 44 years, R/o. Pudikuppam Village, Tada Mandal Tirupathi District, Andhra Pradesh.

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Thangarathnam Bala Krishna, S/o. Thangarathnam, aged about 38 years, R/o. Pudikuppam Village, Tada Mandal Tirupathi District, Andhra Pradesh.

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Saravanan E, S/o. Elan C, aged about 26 years R/o Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh.

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Madhukal Venkatesh S/o. M. Marimuthu, aged about 33 years R/o. Pudikuppam Village, Tada Mandal, Tirupathi District’ Andhra Pradesh.

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S. Murali, S/o. Sambandam, aged about 42 years R/o Pudikuppam Village, Tada Mandal, Tirupathi District Andhra Pradesh. ...Petitioners/Proposed Respondent No. 5-55

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AND 1. O. Paramasiva Reddy, S/o Manikya Reddy, Aged about 65 years, R/o. Pudi Village, Tada Mandal, Tirupati District.

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... Petitioner/Respondent

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The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, AP Secretariat, Velagapudi Amaravathi, Guntur District.

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The District Collector, Tirupati, Tirupathi District. 4. The Revenue Divisional officer, Sullurupeta, Tirupati^District.

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. <br>

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The Tahsildar, Tada Mandal, Tirupati District.

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...Respondents/Respondent No. 1-4

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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 vacate the interim orders passed by this Honorable Court in I.A. No. 1 of 2024 in WP No. 6989 of 2024 dated 19.03.2024.

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Counsel for the Petitioner: SRI P GANGA RAMI REDDY

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Counsel for the Respondent Nos,^ to 4: GP FOR REVENUE

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Counsel for the Respondents: SRI V SAI KUMAR

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The Court made the following: ORDER

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APHC010135482024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6989/2024

Between:

O Paramasiva Reddy

...PETITIONER

AND

The State Of Andhra Pradesh and Others

¶154

...RESPONDENT{S)

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Counsel for the Petitioner:

¶156

I.PGANGARAMI REDDY

¶157

Counsel for the Respondent(S):

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1.GP FOR REVENUE

¶159

2.VSAI KUMAR

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 6989 OF 2024 ORDER:

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This writ petition is filed under Article 226 of the Constitution of India, to

¶164

issue writ of mandamus declaring the action of Respondent Nos.2 to 4 in proceeding to allot the lands covered by Sy.No.13-2B and Sy.No.14 to an extent of Ac.2-21 cents and Ac.4-86 cents respectively situated in Kuppam Village. Pudi Gram Panchayat, classfied as Donka Poramboke for house sites as illegal, arbirary and in violation of Board Standing Order No. 15 and consequently direct Respondent No.4 not to allot the Donka Poramboke land in Sy.No.13-2B and Sy.No.14 to an extent of Ac.2-21 cents and Ac.4-86 cents situated in Kuppam Village, Pudi Gram Panchayat for^housesites.

¶165

The case of the petitioner is that, the petitioner is resident of Pudi Village and sarpanch of Pudi Gram Panchayat, Tada Mandal, Tirupati District. The lands covered by Sy.No.13-2B and Sy.No.14 to an extent of Ac.2-21 cents and Ac.4-86 cents respectively situated in Kuppam Village, Pudi Gram Panchayat have been classified as Donka Poramboke in village accounts. This donka land is also being used by the villagers for public purposes as cart track and cattle passage to graze the lands. While so. residents of fishermen community of Irakam village sought to occupy the subject land, for which the villagers objected for the same. Thereafter, the fishermen community

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A

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NV,J W.P.No.6989 of 2024

¶168

approached the 4‘^ respondent fop allotment of house sites. At the instance of the fishermen community, Respondent Nos.2 to 4 are proposing to allot the donka poramboke subject land as house sites. Questioning the action of Respondent Nos.2 to 4 in proposing to allot the subject land high-handedly, the present writ petition is filed.

¶169

Respondent No.4/Tahsildar, Tada Mandal filed counter affidavit, while denying the allegation that, the subject lands identified for providing house sites are donka poramboke. It is stated that, at the instance of sarpanch, the petitioner is instigating problems among the community members^withthe malicious intent of depriving the fishermen community and hindering the process of providing house sites to the needy poor. The identified lands are classified as “Sarkar Punja” i.e. Patta Dry land as per the village records. Out of which an extent of Ac.4-07 cents in Sy.No.13-2, Acs.4-86 in Sy.No.14 was acquired vide Award No.6/84-85 dated 16.10.1984 for providing house sites to the eligible beneficiaries. Out of the acquired land of Ac.8-93 cents, houses and roads were laid in an extent of Ac. 1-78 cents in Sy.No. 13-28, the remaining Ac.7-07 cents is kept vacant on ground. The petitioner’s action aimed at disrupting the Government’s initiatives for the welfare of under privileged sections of society are condemnable and against the principles of justice and equity.

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NV,J , W.P.No.6989of 2024

¶171

It is further stated in the counter affidavit that, the petitioner claims that the identified lands are donka poramboke without any substantial proof. However, all the revenue records, including old adangals indicate that these lands are private dry lands subsequently acquired for providing house sites. While there is an error in Web Land Adangal where the identified lands were erroneously mentioned as Donka in Column No.8, proposals were submitted for rectification of the error and donka poramboke land will never be assigned. The lands in question have been notified under prohibited properties category under Section 22-A(1)(A) of the Registration Act, 1908 and that they are not donka poramboke lands, as alleged by the petitioner.

¶172

It is further submitted that, the petitioner orchestrated a fabricated narrative alleging that during the rainy season, excess water flows through the identified land. The petitioner falsely claims that closing this supposed donka and allotting it as house sites will divert excess water into neighbouring colonies, depriving villagers of their access. There is no such donka on ground or in official records. The petitioner is trying to obstruct the flagship program of the Government and requested to dismiss the writ petition.

¶173

During hearing learned counsel for the petitioner submits that. Respondent Nos.2 to 4 are proposing to convert land of an extent of Ac.2-21 cents in Sy.No.13-2B and Ac.4-86 cents in Sy.No.14 in Kuppam village into house sites for development of weaker sections without converting the subject

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% NVJ W.P.No.6989of 2024

¶175

lands from the original nature of land which is classified as government donka. He submits that, as per the revenue web adangat, downloaded from the official website of Mee Bhoomi portal, it shows that the land of an extent of Ac.4-07 cents in Sy.No.13-2B is classified as “Donka Land” and earmarked for donka, but it was mentioned as residential houses as colony. Learned counsel submits that, once the land admeasuring an extent of Ac.2-21 cents in Sy.No.13-2B is earmarked as donka, which is construed as community land, the same cannot be converted. The said issue fell for consideration before this Court in Madiboina Subba Reddy vs. State of Andhra Pradesh', wherein this Court held that it cannot be converted for any other purposes other than for which it was classified. He further submits that, in view of the judgment of the Hon’ble Court, the subject land should be construed as community land which is for the welfare of the entire villagers and it cannot be proposed or alienated in favour of the unofficial respondents by way of house sites. Hence, the writ petition.

¶176

Learned Government Pleader for Revenue submits that, as per the revenue records filed along with the counter affidavit, Sy.No. 13(2) consists of Ac.31-96 cents, out of which Ac.21-68 cents is classified as “Private Land” and Ac.6-14 cents is classified as “Poramboke Land”. The entire extent is held by the then pattadars. He further asserted that, the subject land i.e. Ac.4-07

¶177

^ WP No.11236 of 2020 dated 29.07.2020

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6

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NV,J W.P.No.6989 of 2024

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cents in Sy.No.13-2B and Ac.2-21 cents in Sy.No.14 were acquired by the State in the year 1984 and kept vacant. Pursuant to the representations of the nd villagers, proceedings dated 25.01.2024 were issued by the 2 respondent alienating an extent of Ac.4-07 cents in Sy.No.13-2B and Ac.4-18 cents in Sy.No.14 towards house site pattas and formed a weaker section colony.

¶181

Learned Government Pleader further submitted that, before subject alienation and conversion of the land, the official respondents issuedi notice to all the concerned stakeholders. calling for objections for such conversion, but the petitioner neither submitted any representation objecting the object of providing house sites in favour of the unofficial respondents herein. The record filed along with the counter affidavit shows that the subject land Is private patta land that was acquired by the first respondent for public purpose. but the same portion of land which was now identified was proposed for conversion as weaker section housing colony. Therefore, the judgment relied on by the learned counsel for the petitioner is not applicable to the facts on hand. He also contravened the contention of the learned counsel for the petitioner that enumeration of nature of land in 2025 was recorded erroneously in the revenue records and the official respondents are taking steps to correct the same and requested to dismiss the writ petition.

¶182

Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader for Revenue, and on perusal of

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the record filed along with the counter affidavit, it is observed that, as per the adangals downloaded from the website of the Mee Bhoomi Portal, land of an extent of Ac.4-07 cents in Sy.No.13-2B was classified as “Government Land Donka” and also recorded as house sites colony. It is further observed that the land of an extent of Ac.4-86 cents in Sy.No.14 is classified as “Government Land and converted into dwelling houses as colony. Therefore, the entire claim of the petitioner is only with respect of land of an extent of Ac.4-07 cents in Sy.No.13-2B.

¶185

Contrary to the contentions of the learned counsel for the petitioner and on perusal of the material filed along with the counter affidavit, the revenue record certified by the 4‘^ respondent herein, it appears that land in Sy.No.13-2B is private patta land and land of an extent of Ac.4-07 cents in Sy.No.13-2B was acquired by way of acquisition proceedings in the year 1984, as such, by such classification, the subject land is vested with the Government.

¶186

On perusal of the entire record, the enumeration on latest adangal in the year 2025 as “Donka” even by observing as occupied house sites and cooverted as colony is certainly a mistake in the revenue record and it cannot be considered that the said land is classified as donka. Therefore, the land is not community land and the respondents are at liberty to convert the said land for alienation of subject land towards house sites and the judgment relied on

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by the learned counsel for the petitioner where the land was classified as community land is not applicable to the present facts of the case, since the subject land is private land and it cannot be construed as community land. Therefore, the judgment relied on by the learned counsel for the petitioner is not applicable to the present facts on hand. Therefore, the contention of the learned counsel for the petitioner is liable to be rejected.

¶190