THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NOs.9523, 11346, 11369, 11384, 11304, 11000, 10102, 10050, 9736, 12171, 23446 OF 2020
COMMON ORDER:
All these writ petitions are filed under Article 226 of the Constitution of India to issue, Writ of Mandamus, declaring the action of the respondents to allot the land (road margins), Air Field Land abutting the petitioners land in Tadepalligudem, L. Agraharam (Kondrupolu) Village, Kunchanapalli and Kadakatla villages of Tadepalligudem Rural Mandal, West Godavari District, for distribution of house site to the weaker section, houseless poor under the scheme „Navaratnalu – Pedalandariki Illu‟, as illegal, arbitrary and contrary to Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to allot/assign the land stated supra as house sites.
The details of writ petitions, details of proposed land for assignment in survey number(s), are tabulated hereunder:
| I | II | III | |
| S.No Writ Petition No. | Proposed assignment of road margin abutting the landof the petitioners, extent and Survey Numbers | Village | |
| 1 | 9523/2020 | Ac.0-30 cts in Sy.No.381 Ac.0-20 cts in Sy.No.382 | L. Agraharam (Kondrupolu) Village, Tadepalligudem |
| 2 | 11346/2020 | Ac.1-12 cts in R.SNos.77 & 79 | Kadakatla village, Tadepalligudem |
| 3 | 11369/2020 | Plot Nos.39 & 40 in Sy.No.383 | |
| 4 | 11384/2020 | Acs.2-87 cts in RS.No.96 | Kadakatla village, Tadepalligudem |
| 5 | 11304/2020 | 355.55 sq.yds in Plot Nos.13 in R.S.No.78/1 & 78/2 | Kadakatla village, Tadepalligudem |
| 6 | 11000/2020 | Ac.2-96 cts in R.S.No.194/1; Ac.1-16 cts in R.S.No.194/2; Ac.2-47cts in R.S.No.194/3; Ac.0-97 cts in R.S.No.194/4; Ac.0-92 cts in R.S.No.194/5; Ac.1-01 cts in R.S.No.194/6 | K unchanapalli Village, Tadepalligudem |
| 7 | 10102/2020 | Sy.No.39/1-e-1 | Kondruprolu village, Tadepalligudem |
| 8 | 10050/2020 | Sy.No.182/2 | Laxmiswara Puram Agraharam village, Kondruprolu, Tadepalligudem Mandal |
9 9736/2020 Ac.0-30 cts in R.S.No.381 L. Agraharam (Kondrupolu) village, Ac.2-40 cts in R.S.No.382 Tadepalligudem
10 12171/2020 355.55 sq.yds in Plot No.8 in Kadakatla Villae, Tadepalligudem R.S.No.78/1 & 78/2
11 23446/2020 Ac.5-00 cts in R.S.No.372/1 Kondrupolu village, Tadepalligudem As the relief claimed in all these writ petitions is identical, as such, learned counsel for the petitioners and respondents advanced common argument. Hence, I am of the view that it is expedient to decide all these writ petitions by common order. W.P.Nos.9523, 11346, 11000, 10102, 10050, 9736 and
23446 of 2020 are treated as one set. In all the seven writ petitions, Tahsildar, Tadepalligudem filed counter affidavit. In W.P.No.23446 of 2020, additional material viz., copy of endorsement of Public Information Officer in R.O.C.No.RTI/2020/31 dated 17.09.2020, copy of layout plan, copy of adangal and instructions of Tahsildar in Roc.No.804/2020/DT dated 10.12.2020 are filed and they are taken on record. W.P.No.9523 of 2020 is taken as leading case and the facts are as follows:
W.P.No.9523 of 2020 is filed under Article 226 of the Constitution of India, to declare the action of the respondents, proposing to allot the land to an extent of nearly Ac.0-30 cents out of Ac.2-05 cents in Sy.No.381 and nearly Ac.0-20 cents out of Ac.2-40 cents in Sy.No.382 of L. Agraharam (Kondrupolu) Village, Tadepalligudem Rural Mandal, West Godavari District, „Road Margin‟ as house site to the weaker section under Navaratnalu – Pedalandariki Illu, abutting to the petitioners lands in Sy.Nos. 190, 191 and 192 as illegal, arbitrary and contrary to Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to allot/assign the land stated supra as house site.
The first petitioner is the absolute owner of the agricultural land of an extent of Ac.3-65 cents in Sy.No.190 of L. Agraharam Village (Kondrupolu). He purchased the same under registered sale deed dated 11.03.2010 for valuable consideration. The revenue authorities mutated the name of the petitioner and issued pattadar passbook and title deed in his favour. The land on eastern and southern side of the first petitioner‟s land
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.