Andhra Pradesh High Court - Amravati
Kongala Mohan vs The State Of Andhra Pradesh on 23 September, 2025
Author: B Krishna Mohan
Bench: B Krishna Mohan
APHC010168292020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3233]
(Special Original Jurisdiction)
TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 10585/2020
Between:
1. KONGALA MOHAN, S/O.NAGESWARARAO, AGED ABOUT 40
YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
2. KONGALA VASANTHA RAO,, S/O.PAUL, AGED ABOUT 58
YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
3. KUNDURTHI SOMA SUNDARAM,, S/O.ABRAHAM, AGED
ABOUT 55 YEARS, OCC COOLIE, R/O.HANUMOJIPALEM
VILLAGE, INKOLLU MANDAL, PRAKASAM DISTRICT.
4. KUNDURTHI RAJA RAO,, S/O.DEVADANAM, AGED ABOUT 48
YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
5. KUNDURTHI SOLOMAN,, S/O.VARTHAMANAM, AGED
ABOUT 64 YEARS, OCC COOLIE, R/O.HANUMOJIPALEM
VILLAGE, INKOLLU MANDAL, PRAKASAM DISTRICT
6. KUNDURTHI YOSEBU,, S/O.VARTHAMANAM, AGED ABOUT
66 YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
7. MIKKILI VIJAYA KUMAR,, S/O.MATHAIAH, AGED ABOUT 35
YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
2
8. ESTHARLA MOHAN RAO,, S/O.KOTAIAH, AGED ABOUT 68
YEARS, OCC COOLIE, R/O.HANUMOJIPALEM VILLAGE,
INKOLLU MANDAL, PRAKASAM DISTRICT.
9. BATHULA RAJENDRA KUMAR,, S/O.SEETHA RAMAIAH,
AGED ABOUT 58 YEARS, OCC COOLIE,
R/O.HANUMOJIPALEM VILLAGE, INKOLLU MANDAL,
PRAKASAM DISTRICT.
10. VADEMPUDI LAKSHMAIAH,, S/O.BHUSHANAM. AGED
ABOUT 58 YEARS, OCC COOLIE, R/O.HANUMOJIPALEM
VILLAGE, INKOLLU MANDAL, PRAKASAM DISTRICT.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT. REVENUE DEPARTMENT,
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR
DISTRICT.
2. DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE.
3. REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE
DIVISION, ONGOLE CITY, PRAKASAM DISTRICT.
4. TAHSILDAR, INKOLLU MANDAL, PRAKASAM 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from their house sites for an extent of Ac.0.35 cents out of total extent Ac.1.35 cents in Survey No.169 of Hanumojipalem Village in Inkollu Revenue village and Mandal of Prakasam District for the purpose allotment of house sites to the weaker sections under NAVARATNALU PEDLANDARIKI ILLU' scheme without initiating proceedings under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013, as illegal, arbitrary, violative of principles of natural justice and provisions of The Right to Fair 3 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and rules framed thereunder and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioners above said house sites IA NO: 1 OF 2020 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 not to interfere with the petitioners peaceful possession and enjoyment of house sites proprieties for an for an extent of Ac.0.35 cents out of total Ac.1.35 cents in Survey number 169 of Hanumojipalem village in inkollu revenue village and mandal of prakasam district IA NO: 2 OF 2020 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 24-06-2020 passed in WP. 10585/2020 and dismiss the writ petition Counsel for the Petitioner(S):
1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S):
1. GP FOR REVENUE 4 The Court made the following Order:
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents.
2. This writ petition was filed questioning the action of the respondents in insisting the petitioners to vacate their house sites for an extent of Ac.0.35 cents out of total extent of Ac.1.35 cents in Sy.No.169 of Hanumojipalem village in Inkollu Revenue village and mandal, Prakasam District for the purpose of allotment of house sites to the weaker sections under 'Navaratnalu-Pedalandariki Illu' scheme without initiating proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. On the other hand, the learned Assistant Government Pleader relying upon the instructions from the 4th respondent dated 22.09.2025 submits that the subject land was already used for the above said public purpose and though the petitioners were given notices to submit their explanation if any, have not submitted the same. The written instructions of the 4th respondent dated 22.09.2025 shall be made as part of the court record.
4. In view of the above said facts and circumstances, no further orders are necessary in this writ petition. Accordingly, the writ petition is 5 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 23.09.2025 NNN