Andhra Pradesh High Court - Amravati
Chintada Dayanidhi vs The State Of Andhra Pradesh on 8 July, 2025
APHC010290002025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE EIGHTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 15253 OF 2025
Between:
1. CHINTADA DAYANIDHI, S/o Appalasuri, aged 56 years, Plot No 27,
Gayathri Nagar, Rajayyapeta Panchayat, Akkireddy Palem, Jutada -
Visahakapatnam.
2. Batchala Vasudevarao, S/o Madhava Rao, aged 57 years, D No 38-33-
72/6/25, Vaikuntavasam, Narendra Nagar, Maripalem, Prime Apartments,
Visakapatnam.
3. Allu Sivala Govindarao, S/o Adi Narayana, aged 68 years, 4-147-5,
Ajantha Park, Lg Polymers Road, Rrv Puram, Visakhapatnam.
4. Rongali Padmavathi, W/o Yernaidu, Aged about 53 years, D No 23-126,
Ganesh Colony Road, Srinivasa Nagar, Visakhapatnam
5. Batthula Amaravani, W/o Sudhakar, aged 51 years, 6/254/3/1 ,Sai Nagar
Colony, Near Simhachalam, Goshala, Simhachalam, Visakhapatnam.
...Petitioners
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary to
Government, Panchayathi Raj and Rural Development, Secretariat Building,
Amaravati, Guntur District.
2. The District Collector, Visakhapatnam, Visakhapatnam District.
3. Tha Panchayat Secretary, , Rajayyapeta Grama Panchayath, Pendurthi
Mandal, Visakhapatnam District.
...Respondents
2
Counsel for the Petitioners: P VISESWAR RAO
Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV
Counsel for the Respondents:GP FOR REVENUE
The Court made the following ORAL ORDER:
Heard Sri D. Krishna, learned Counsel appearing on behalf of Sri P. Viseswara Rao, learned Counsel for the Writ Petitioners; Sri P. Chaitanya Srinivas, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue.
2. Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri P. Chaitanya Srinivas, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat have submitted the Written Instructions furnished by the District Collector, Visakhapatnam dated 04.07.2025 and the Panchayat Secretary, Rajayyapeta Grama Panchayat dated 24.06.2025. Copies of both Written Instructions were supplied to the learned Counsel for the Writ Petitioners. The same are taken on record.
3. The controversy involved in the present case seems that there are five Writ Petitioners in number, who are the owners of some plots of various extents in the lay-out that has been made by the Visakhapatnam Urban Development Authority (VUDA). It is the contention of the Writ Petitioners that the plots owned by them have now been alienated in favour of Rajayyapeta Grama Panchayat and that the Rajayyapeta Grama Panchayat is now contemplating to hand over the portion of the land owned by the Writ Petitioners to the N.G.O by name Centre for Youth Development & Activities (CYDA) for the purpose of establishing Material Recovery Facility Centre.
4. It is the contention of the Writ Petitioners that while they are the owners of the various plots, the Official Respondents would have no domain 3 over it to allot the same land in favour of CYDA for the purpose of establishing Material Recovery Facility Centre.
5. The Written Instructions furnished by the District Collector, Visakhapatnam dated 04.07.2025 and the Panchayat Secretary, dated 24.06.2025 would indicate that they have not violated anybody's right in allotting the place for establishment of Material Recovery Facility Centre.
6. Having regard to the above facts, it appears to the Court that the controversy revolves around the identification of the property belonging to the Writ Petitioners on one hand and the land that is proposed to be handed over to the CYDA on the otherhand.
7. In this view of the matter, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, directing the Official Respondents to conduct a joint survey by the Respondent Authorities in the presence of the Writ Petitioners for identification of the places which are purchased by the Writ Petitioners from VUDA and the land that is proposed to be allotted to CYDA. For this purpose, the Official Respondents shall conduct a joint survey on 22.07.2025 at 10.30 A.M. Since the Writ Petitioners are already aware of the time fixed for the joint survey, they need not be informed. However, the Official Respondents, particularly, the Tahsildar and the Panchayat Secretary shall issue Advance Notices to all the parties in the neighbourhood by informing the time and date of the survey within two weeks as per due process of law. After the conduct of survey, the Tahsildar shall supply a copy of the Report to all the participants including the Writ Petitioners. The Writ Petitioners are however required to pay the requisite fee for the conduct of survey.
8. With these observations and directions, this Writ Petition stands disposed of. No order as to costs.
49. Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 08.07.2025 JKS 5 64 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 15253 OF 2025 08.07.2025 JKS