Andhra Pradesh High Court - Amravati
Unknown vs Heard Sri P.Nagendra Reddy on 20 July, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.11089 of 2020
ORDER:(Heard and pronounced through BlueJeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic) Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, appearing on behalf of respondents 1 to 4 and with their consent the present Writ Petition is disposed of at the admission stage.
The grievance of the writ petitioner in the present Writ Petition is that the respondents are trying to dispossess the petitioners from the lands in question without following due process of law.
Learned counsel for the petitioners submits that the petitioners belong to scheduled tribe community and landless poor persons. He submits that taking into consideration the possession and enjoyment of the lands in question, the petitioners names were recorded in the revenue records as detailed in the affidavit at para No.2. Learned counsel further submits that the petitioners are surviving by way of cultivating the lands in their possession and if the petitioners are dispossessed, they will be deprived of their livelihood. Learned counsel also submits that earlier notices were issued to the petitioners under A.P. Assigned Lands (Prohibition of Transfer) Act, 1977, and the petitioners were constrained to file a writ petition, however, the same was dismissed by this Court. Learned counsel submits that the petitioners have still possession of the lands in question and continuing their cultivation operations. Learned counsel further submits that the petitioners made representation to the authorities for grant of assignments of the land in question as they are 2 landless poor persons and eligible for grant of assignments and that the same has not been considered so far. Learned counsel also submits that pending consideration of their representation for grant of assignment of pattas, the respondents action/attempt to dispossess the petitioners from the lands in question, is not just or tenable.
Learned Assistant Government Pleader for Revenue, on the other hand, submits that the petitioners earlier filed writ petition in W.P.No.28119 of 2017 and that the same was dismissed by this Court and as per his instructions no representation is pending for consideration.
Be that as it may, it is claimed in the writ petition that the petitioners are landless poor persons belonging to Lambadi caste and they are surviving by way of cultivation and eligible for grant of assignment of land. In view of the submissions made, this Court is of the opinion that the matter can be disposed of granting liberty to the petitioners to make a fresh representation for assignment of land to the 1st respondent within a period of two (2) weeks from the date of receipt of copy of the order. On submitting such representation, the 1st respondent shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two (2) weeks thereafter. Till the petitioners' representation is considered, status-quo with regard to the lands in question shall be maintained.
With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.
______________________ NINALA JAYASURYA, J Date: 20.07.2020 AKC 3 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.11089 of 2020 Dt:20.07.2020 AKC