LAWS(APH)-2020-2-25

KUCHIPUDI RAMAMOHANA RAO Vs. STATE OF ANDHRA PRADESH

Decided On February 04, 2020
KUCHIPUDI RAMAMOHANA RAO Appellant
V/S
State Of Andhra Pradesh, Rep By Its Principal Secretary Respondents

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, declaring the action of the respondents in proposing to assign as house site plots, the land situated in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District, which is classified as 'Donka', by changing the classification/nature of the said land from 'Donka' to government assessed waste as illegal, arbitrary and violative of principles of natural justice and contrary to Andhra Pradesh Revenue Board Standing Orders (for short 'B.S.O') and consequently direct the respondents not to change the classification/nature of the land in R.S.No.85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District and not to allot the said land as house sites to the landless poor persons.

(2.) The petitioners possess various extents of lands in different survey numbers in Mokhasa Narasannapalem Village, Nuzvid Mandal and the details are tabulated as follows. Consequently, miscellaneous applications pending if any, shall stand dismissed.

(3.) All the above lands are being enjoyed and cultivated by the respective petitioners and their names were mutated in the revenue records. All the above lands are adjacent to each other and towards eastern side of the said land and natural stream along with road is situated in R.S.No.85. The land in R.S.No.85 is classified as 'Donka' and the said land is being utilized for the purpose of road as well as natural stream (drainage canal) i.e for free flow of flood water including the over flown water from the tank situated in the same survey number which is being called as 'Adaihkunta'.