Andhra Pradesh High Court - Amravati
Reddy Muralidhara Rao And Others vs The State Of Andhra Pradesh And Others on 17 December, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010235542018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3209]
(Special Original Jurisdiction)
WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
Writ Petition Nos:7633 and 10294 of 2018
W.P No:7633 of 2018
Between:
Reddy Muralidhara Rao and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. G RAJESHWAR REDDY Counsel for the Respondent(S):
1. GP FOR ASSIGNMENT (AP) NJS,J W.P Nos.7633 and 10294 of 2018 2 W.P No:10294 of 2018 Between:
Shaheer Parven and Others ...PETITIONER(S) AND State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. K HEMALATHA Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
2. Somisetty Ganesh Babu SC For VUDA and MUDA NJS,J W.P Nos.7633 and 10294 of 2018 3 The Court made the following Common Order:
These two writ petitions relates to alleged interference with the possession and enjoyment of the petitioners over the subject matter house plots situate in Survey Nos.66/1, 66/2 and 132 of Paradesipalem Village, Visakhapatnam District and filed to declare the action of the respondents as illegal, arbitrary, etc., and for consequential directions. Hence, the same are disposed of by way of a common order.
2. Heard learned counsel for the petitioners. Also heard Mr. K Arjun Chowdary, learned Assistant Government Pleader representing the respondent Nos.1 to 4.
3. The learned counsel for the petitioners made submissions with reference to the averments made in the affidavits and the material filed along with the writ petitions. According to the petitioners they were assigned 60 square yards each by the Andhra Pradesh Bhoodan Yagna Board vide separate proceedings dated 06.12.2013 and 21.04.2014. They claim that they are in possession of their respective house plots and while they were taking steps to construct houses, the authorities concerned started interfering with their possession and made attempts to dispossess them in a highhanded manner, without issuing any notice or following due procedure as contemplated under law.
4. However, a detailed counter-affidavit was filed in W.P No.7633 of 2018 on 10.04.2018 and counter-affidavit in W.P No.10294 of 2019 was filed on 04.09.2019. In the said counter-affidavits, the Tahsildar concerned had categorically asserted that the petitioners are not in possession and enjoyment of the subject matter plots, as claimed in the writ petitions. In so far as, the lands in survey Nos.132, the same are in possession of the Government and covered by bushes and trees. Similar statement was also made in respect of the Survey Nos.66/1 and 66/2 to the effect that the same are in possession of the Government and covered with bushes and trees. That NJS,J W.P Nos.7633 and 10294 of 2018 4 apart, it was specifically asserted that no layout was approved by any authority and the proceedings issued by the Andhra Pradesh Bhoodan Yagna Board were not implemented as multiple cases and litigations are pending in respect of the subject lands. A reference was also made to the earlier orders passed in W.P No.2870 of 2008 dated 09.08.2017, to a letter addressed to the Andhra Pradesh Bhoodan Yagna Board as also to the Chief Commissioner of Land Administration by the District Collector, Visakhapatnam.
5. In this regard, the learned Assistant Government Pleader submits that as per the instructions received by him, Andhra Pradesh Bhoodan Yagna Board was abolished and therefore, no further action is taken. Be that as it may.
6. As seen from the material on record, except the proceedings stated to have been issued by the Andhra Pradesh Bhoodan Yagna Board allotting plots to the petitioners, no material is placed which would prima facie indicate that they are in possession of the subject matter plots. Further, no reply- affidavit was filed to the specific assertions made in the counter-affidavits of the Tahsildar which amounts to admission of the same and it is fatal to the case of the petitioners. Therefore, in the said circumstances, the reliefs prayed by the petitioners cannot be granted.
7. However, in the counter-affidavits it is mentioned that the Government of Andhra Pradesh has evolved a policy to provide housing to the poor under "Housing for All" scheme to the residents of Visakhapatnam city. A comprehensive survey was conducted by Greater Vishapatnam Municipal Corporation and APTIDCO was formed for the purpose of executing the housing scheme. It is also asserted that if the petitioners are eligible, their names will be considered under "Housing for All" scheme.
8. In the light of the above statement on oath, this Court deems it appropriate to dispose of the writ petitions, leaving it open to the petitioners to NJS,J W.P Nos.7633 and 10294 of 2018 5 approach the concerned Tahsildar for allotment of houses under the said scheme. If the petitioners make any applications pursuant to the orders of this Court, the same shall be examined and allotment of houses shall be made, subject to their eligibility.
9. With the above directions, these Writ Petitions are disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed.
___________________________ JUSTICE NINALA JAYASURYA Date:17.12.2025 Ksj