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Andhra Pradesh High Court - Amravati

M Jayapradha vs The State Of Andhra Pradesh on 28 January, 2025

APHC010030932025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                [3328]
                          (Special Original Jurisdiction)

            TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY
                 TWO THOUSAND AND TWENTY FIVE

                              PRESENT

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD

                     WRIT PETITION NO: 1840/2025

Between:

  1. M.JAYAPRADHA, W/O RAMESH         AGED ABOUT 42 OCC:
     HOUSEWIFE      MUMMADARLAPALLI VILLAGE, GONUMAKKULA
     PALLE POST , V KOTA MANDAL, CHITTOOR DISTRICT

  2. SASIKALA, W/O SUBRAMANYAM      AGED ABOUT 44 OCC
     HOUSEWIFE R/O 211/10 HIGH SCHOOL STREET V KOTA POST
     AND MANDAL

  3. D/O YELLA REDDY, V LAVANYA AGED ABOUT 42 OCC- REPORTER
     OF EENADU R/AT.H NO 12 CHOWDEPALLI ROAD V KOTA POST
     AND MANDAL CHITTOOR DISTRICT

  4. B R SRINIVASULU, S/O B C RAMAKRISHNAPPA AGED ABOUT 50
     OCC: REPORTER OF ANDHRA PRABHA R/AT. SAPTHAGIRI
     MEDICALS KGF ROAD V KOTA POST AND MANDAL CHITTOOR
     DISTRICT

                                                   ...PETITIONER(S)

                                 AND

  1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL
     SECRETARY,    REVENUE    DEPARTMENT,    SECRETARIAT
     BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

  2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT.

  3. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR
                                       2


      DISTRICT.

     4. THE TAHSILDAR, V KOTA MANDAL, CHITTOOR DISTRICT.

     5. THE DISTRICT MINORITY         WELFARE       OFFICER,     CHITTOOR,
        CHITTOOR DISTRICT.

                                                          ...RESPONDENT(S):

COUNSEL FOR THE PETITIONER(S):

     1. B.V.DURGA PRASAD

COUNSEL FOR THE RESPONDENT(S):

     1. GP FOR ASSIGNMENT

     2. GP FOR SOCIAL WELFARE

The Court made the following:

ORAL ORDER:

Heard Sri B. Abhay Siddhanth Moota, learned Counsel representing on behalf of Sri B.V. Durga Prasad, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue.

2. The present Writ Petition has been filed declaring the action of Respondent Nos.2, 4 & 5 in trying to interfere with the peaceful possession and enjoyment of the land belonging to the Writ Petitioners. It is the case of the Writ Petitioners that each one of them has been allotted two cents of land for the purpose of building a house in Plot Nos.1, 4, 5 & 6 in Sy.Nos.36/3 in Hanumepally Village, V. Kota Mandal, Chittoor District.

3. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar of V. Kota Mandal dated 24.01.2025.It is the case of the Respondents that the Writ Petitioners have encroached into Government land over and above what has been allotted to them.

4. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the 3 merit, directing the Official Respondents to follow the due process of law, if any coercive action is sought to be initiated against the Writ Petitioners. The Official Respondents are at liberty to have the land surveyed and demarcate the two cents of land of each of the Petitioners by metes and bounds. If any encroachments are there in the excess of land, the Official Respondents are at liberty to initiate appropriate steps including demolition by following the due process of law.

5. Writ Petitioners are directed to submit a copy of this Order along with a photocopy of the Appeal to Respondent No.4 within one week from today, for effective compliance.

6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs.

7. Interlocutory Applications, if any, stand closed in terms of this order.

_________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.01.2025 DSV