Andhra Pradesh High Court - Amravati
Gorle Pothanna, Vsp 21 Others vs Vice Chairman, Vuda, Vsp Another on 3 November, 2025
APHC010376482011
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
MONDAY,THE THIRD DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 1172/2011
Between:
1. GORLE POTHANNA, VSP & 21 OTHERS, S/O.LATE POLAYYA
AGRICULTURIST R/O. MARIKAVALASA VILLAGE,
PARADESIPALEM, CHINGADILI MANDAL, VISAKHAPATNAM.
2. GORLE APPALASADU, S/O.LATE POLAYYA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
3. GORLE PYDEMMA, W/O.LATE TAVITAYYA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
4. GORLE CHINAPYDEMMA, W/O.LATE APPANNA AGRICULTURIST
R/O. MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
5. GORLE APPALASADU, S/O.LATE TAVITAYYA AGRICULTURIST
R/O. MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
6. GORLE MUTYALA RAO, S/O.LATE TAVITAYYA AGRICULTURIST
R/O. MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
7. GORLE APPARAO, S/O.LATE TAVITAYYA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
8. SIMHA SIMHACHALAM, W/O.SOMBABU AGRICULTURIST R/O.
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MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
9. GORLE GEDAMMA, W/O.POTHANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
10. GORLE APPARAO, S/O.PTHANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
11. GORLE RAMANA, S/O.POTHANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
12. GORLE SURIBABU, S/O.POTHANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
13. GORLE GOVIND, S/O.POTHANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
14. CHELLUBOYINA KONDAMMA, W/O.APPALARAJU
AGRICULTURIST R/O. MARIKAVALASA VILLAGE,
PARADESIPALEM, CHINGADILI MANDAL, VISAKHAPATNAM.
15. KUPPA KONDAMMA, W/O.RAMU AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
16. GORLE APPARAO, S/O.LATE APPANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
17. GORLE POLIRAJU, S/O.LATE APPANNA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
18. GUDUPU RAMANAMMA, W/O.APPA RAO AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
19. CHUKKA MANGAMMA, W/O.LATE RAMU AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
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MANDAL, VISAKHAPATNAM.
20. GORLE VENKAYAMMA, W/O.APPALASADU AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
21. CHELLUBOYINA RAMANAMMA, W/O. APPALANAIDU
AGRICULTURIST R/O. MARIKAVALASA VILLAGE,
PARADESIPALEM, CHINGADILI MANDAL, VISAKHAPATNAM.
22. VANUMA MANGAMMA, W/O.RAMANA AGRICULTURIST R/O.
MARIKAVALASA VILLAGE, PARADESIPALEM, CHINGADILI
MANDAL, VISAKHAPATNAM.
...PETITIONER(S)
AND
1. VICE CHAIRMAN VUDA VSP ANOTHER, REPRESENTED BY ITS
VICE-CHAIRMAN, VUDA COMPLEX, VISAKHAPATNAM.
2. THE MANDAL REVENUE OFFICER, BHEEMILI MANDAL,
VISAKHAPATNAM.
...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 to issue a writ, order or direction more particularly one in the nature of
Writ of Mandamus declare the action of the Respondent No.1 issued the
auction notification, include the lands of the Petitioners to an extent of Ac.4-
64 Cents and Ac.1-62 Cents in Survey No. 154 and 155/2 respectively in
Marikavalasa Village, Paradesipalem, Chingadili Mandal, Visakhapatnam
District, is illegal, arbitrary, without following due process of law and in
violation of Article 14, 21 and 300-A of Constitution of India and consequently
direct the Respondent No.1 to withdraw the lands of the Petitioners from their
Notification for selling the Plots in the open auction and pass.
IA NO: 1 OF 2011(WPMP 1432 OF 2011
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
stay all further proceedings in pursuance of the Notification issued by the
Respondent No.1 by selling the Plots in open auction in so far as petitioners
lands are concerned to an extent of Ac.4-64 Cents and Ac.1-62 Cents in
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Survey No. 154 and 155/2 respectively in Marikavalasa Village,
Paradesipalem, Chingadili Mandal, Visakhapatnam District, pending disposal
of the above Writ Petition, and pass.
IA NO: 1 OF 2019
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 order 25.01.2011 in W.P.M.P.No.1432 of 2011 in
W.P.NO.1172 of 2011 forthwith
Counsel for the Petitioner(S):
1. T D PANI KUMAR
2. THATHIREDDY ASHOK SRIVASTAVA
Counsel for the Respondent(S):
1. SOMISETTY GANESH BABU SC For VUDA and MUDA
The Court made the following:
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ORDER:-
The petitioners have challenged the auction notification issued by the 1st respondent by including the petitioners' land to an extent of Ac.4.64 cents and Ac.1.62 cents in Sy.Nos.154 and 155/2 of Marikavalasa Village, Paradesipalem, Chingadili Mandal, Visakhapatnam District.
2. This Court granted an interim order dated 25.01.2011 directing the respondents not to initiate any bids nor undertake any transaction with reference to the land in Sy.Nos.150/2 and 154.
3. The learned counsel for the petitioners further submits that the petitioners are in possession and enjoyment of the land as on date and the information furnished by the Tahsildar under the Right to Information Act would indicate that, as per the information furnished on 28.02.2017, the land in Sy.Nos.154 and 155/2 was not handed over to VUDA.
4. The respondents, in their counter, have stated that the petitioners are not in possession of the subject lands and that the same were handed over to VUDA on 31.08.2008 itself. In the additional counter filed by the 1st respondent, it is stated that VUDA ceased to function from 05.08.2018 and that VMRDA was constituted thereafter. It is also stated in the additional counter that the petitioners are neither in possession of the property nor have any legal right over the said land.
5. It is also stated that the land, as per the revenue records, is referred to as Gayallu and Vagu. The counter also states that the 1st respondent had furnished the request of the petitioners for grant of compensation and their 6 willingness to proceed in the land pooling scheme, and that their representation was forwarded to the Tahsildar, Bheemunipatnam, for a detailed enquiry vide order dated 30.08.2016. The additional counter would indicate that the further report is awaited from the Tahsildar. The additional counter was filed in April, 2019. The petitioners claim title by virtue of the revenue records and claim that it is their ancestral property and that they have been paying applicable taxes regularly.
6. The information furnished under the Right to Information Act, filed by way of a memo before this Court, would show that the land in Sy.No.154 admeasuring Ac.4.48 cents and Sy.No.155/2 admeasuring Ac.1.62 cents was not handed over to VUDA. This information was furnished on 28.02.2017.
7. Considering these documents and considering the submissions of the learned counsel for the petitioners and the learned Standing Counsel for the respondents, this writ petition is disposed off in terms of the interim orders granted, and the respondents would have to follow due process of law in the event they intend to acquire the portion of the land of the petitioners. There shall be no order as to costs.
8. Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N 03.11.2025 PNS 7