Marimekala Prakash Vs the State of Andhra Pradesh

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N A A

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APHC010196972025

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

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'o WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE V

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9S71 OF 2025

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Between:

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Marimekala Prakash, S/o. M.Medakatamayya, Aged about 47 years, Occ Business, R/o.D.No.2-62, Guturu Village, Penukonda Mandal, Sri Sathya Said District.

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M.Subbarayudu,, S/o.Late.M.Gangappa Aged about 65 years, Occ

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Agriculture R/o.D,No.4-22A, Guturu Village, Penukonda Mandal, Sri

Sathya Said District

..Petitioners

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The State Of Andhra Pradesh rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati.

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The District Collector, Sri Sathya Sai District, Puttaparthy. 3. The Revenue Divisional Officer, Penukonda Revenue Division,

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Penukonda.

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The Tahsildhar, Penukonda Mandal, Penukonda.

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The National Highways Authority of India, Rep., by its Regional Director, Krishna Lanka, Vijayawada.

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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

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pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondents in trying to convert and assign land in an extent of Ac.0.15 cents in Sy.No.201 of Guturu Village, Penukonda Mandal, Sri Sathya Sai District^{whichisclassified} as Rasta Poramboke Land into house sites as arbitrary, illegal, colourble exercise of power, apart from being contrary to Board Standing Order 15 and violative of the Fundamental and Constitutional Right guaranteed to us under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to convert and assign land^{inanextentofAc.0.15} cents in Sy.No.201 of Guturu Village, Penukonda Mandal, Sri Sathya Sai District which is classified as Rasta Poramboke Land for any other purpose other than Road/Rastha/Punta.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to convert and assign land^{inanextentofAc.0.15} cents in Sy.No.201 of Guturu Village, Penukonda Mandal, Sri Sathya Sai District which is classified as Rasta Poramboke Land into house sites, pending disposal of the above Writ Petition.

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Counsel for the Petitioners: B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: M/s. KUMARI G K V D The Court made the following order:

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[3329]

APHC010196972025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE NINTH DAY OF JULY 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: 9871/2025

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Between:

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1.MARIMEKALA PRAKASH, S/0. M.MEDAKATAMAYYA, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O.D.NO.2-62. GUTURU VILLAGE, PENUKONDA MANUAL, SRI SATHYA SAID DISTRICT.

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2.M.SUBBARAYUDU,, S/0.LATE.M.GANGAPPA, AGED ABOUT 65 YEARS, OCC AGRICULTURE R/0.D.N0.4-22A, GUTURU VILLAGE, PENUKONDA MANUAL, SRI SATHYA SAID DISTRICT

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.

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2.THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT, PUTTAPARTHY.

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3.THE REVENUE DIVISIONAL OFFICER, PENUKONDA REVENUE DIVISION, PENUKONDA.

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4.THE TAHSILDHAR, PENUKONDA MANUAL, PENUKONDA.

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5.THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP., BY^ITS REGIONAL DIRECTOR, KRISHNA LANKA, VIJAYAWADA.

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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

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pleased topleased to issue . .. appropriate order or direction more particularlv one in the nature of Writ of Mandamus declaring the action on part of the respondents in trying to convert and assign land in an extent of Ac 0 15 cents Ifch I T Penukonda Mandal, Sri Sathya Sai District which IS class! led as Rasta Poramboke Land into house sites as arbitrary, Illegal, colourble exereise of power, apart from being eontrary to Board Standing Order 15 and violative of the Fundamental and Constitutional Right guaranteed to us under Articles, 14, 19, 21 and 300-A of the Constitution of nd« and consequently direct the respondents not to convert and assign land Mandat’'srrs° h 9 ^ P®™konda Mandal, Sn Sathya Sai District which is classified as Rasta Poramboke Land for any other purpose other than Road/Rastha/Punta and pass

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lA NO: 1 OF 2C)9R

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i nie«»H , a- ... b® pleased r Ic n ?5 , respondents not to convert and assign land^inanextent SathCf c;a n'f "''"^9®. Penukonda Mandal, Sri Sathya Sai District which is classified as Rasta Poramboke Land into house Sites, pending disposal of the above Writ Petition and pass

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Counsel for the Petitloner(S):

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1.B.ABHAY SIDDHANTH MOOTHA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.KUMARIGKVD

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 9871/2025

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of the India seeking the following reliefs;-

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“to issue a writ, order or direction more particularly^one in the nature of Writ of Mandamus declaring the action^on part of the respondents in trying to convert and assign^land in an extent ofAc.0.15 cents in Sy.No.201 ofGuturu^Village, Penukonda Mandal, Sri Sathya Sai District which is classified as Rasta Poramboke Land into house sites as arbitrary, illegal, colourble exercise of power, apart^from being contrary to Board Standing Order 15 and violative^of the Fundamental and Constitutional Right guaranteed to petitioners under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to convert and assign land in an extent^of Ac.0.15 cents in Sy.No.201 of Guturu Village, Penukonda Mandal, Sri Sathya Sai District which is classified^asRasta Poramboke Land for any other purpose other than Road/Rastha/Punta and pass such other order.”

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Heard learned counsel for the petitioners and learned

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Assistant Government Pleader for the respondents.

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Learned counsel for the petitioners submits that^the 1 petitioner purchased the land admeasuring to an extent^ofAc.0.24 cents in Sy.No.143-2 of Guturu Village, Penukonda Mandal, Sri Sathya Sai District through a registered sale deed^{dated09.07.2018.} Since, then the 1®* petitioner has been in possession^andenjoyment of the said property. The 2 nd petitioner purchased the land admeasuring to an extent of Ac.0.24 cants in Sy.No.143-2^ofGuturu

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1* ■if

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Village, Penukonda Mandal, Sri Sathya Sai District through a nd registered sale deed dated 09.07.2018. Since, then the 2 petitioner has been in possession and enjoyment of the said property. While so, recognizing the possession and title of the petitioners, their names were mutated in the revenue records as pattadars and possessors of their respective extent of land.

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Learned counsel for the petitioners further submits that the lands of the petitioners were abutting to the National High Way and an agricultural land. As per the recitals of the sale deeds the only way to the petitioners’ lands is through the National High Way No.7, which is in an extent of Ac.0.15 cents in Sy.No.201 of Gutur Village, Penukonda Mandal, Sri Sathya Sai District (herein after referred as subject land). Before construction of the said National High Way the subject land was a rasta poramboke. Now the respondents are trying to convert and assign the subject land to the third parties. Hence the present Writ Petition.

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Learned Government Pleader for the respondents th furnished written instructions dated 30.04.2025 issued by the 4 respondent, wherein it is stated as follows;

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“It is to submit that, as per RSR the land in survey No.201 an extent of Ac.4.81 cents of Gutturu Village^of Penukonda Mandal is classified as GP-Local Fund Road. The road is passing towards from Banglore to

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Ananthapuramu: This road is through Gutturu Viiiage and main road to connecting the Gutturu Viiiage to^the Nationai Highway (NH-44). As per webiand adangai it^is entered as Rastha. Tiii date, no D-Patta or house site pattas has been granted in the said iand. Simiiariy, no transfer proposais have been sent from this office^tothe higher authorities to change the ciassification from Rasta poramboku/ Gram Panchayat iocai fund road to /A. 1/1/. but the petitioners hastiiy and deiiberateiy^fiiedthis Writ Petition. ”

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Considering the submissions made by the learned^counsel for the petitioners and on perusal of the written instructions^furnished by the learned Government Pleader for the respondents, it is observed that the respondents as of now are not taking any steps for conversion of the subject land into house sites or to assign to third parties. It is settled preposition of law and this^{Hon’bleCourtheld} time and again that conversion of any community land^which is notified for particular purpose by way of draft variation by the competent authorities in accordance with law. Therefore,^thisCourt deems it appropriate to dispose of the Writ Petition directing the respondents, if they intent to initiate any steps against^thesubject property, they shall follow due process of law.

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